[115th Congress Public Law 31]
[From the U.S. Government Publishing Office]
[[Page 131 STAT. 135]]
*Public Law 115-31
115th Congress
An Act
Making appropriations for the fiscal year ending September 30, 2017, and
for other purposes. <<NOTE: May 5, 2017 - [H.R. 244]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled, <<NOTE: Consolidated
Appropriations Act, 2017.>>
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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[[Page 131 STAT. 136]]
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
[[Page 131 STAT. 137]]
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. <<NOTE: 1 USC 1 note.>> 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. <<NOTE: President. Designation.>> 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) <<NOTE: 130 Stat. 1005.>> is amended by
changing the long title so as to read: ``Making further continuing
appropriations for the fiscal year ending September 30, 2017, and for
other purposes.''.
[[Page 131 STAT. 138]]
DIVISION A--AGRICULTURE, <<NOTE: Agriculture, Rural Development, Food
and Drug Administration, and Related Agencies Appropriations Act,
2017.>> 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 <<NOTE: Reimbursement.>> 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 <<NOTE: Funding obligation. Time period. Notification.>> 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.
[[Page 131 STAT. 139]]
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 131 STAT. 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 131 STAT. 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: <<NOTE: 7 USC 2254.>> 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: <<NOTE: Contracts.>> 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 <<NOTE: Maryland.>> 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 <<NOTE: Easements.>> 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
[[Page 131 STAT. 142]]
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 131 STAT. 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 131 STAT. 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 <<NOTE: Fees.>> 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 131 STAT. 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 <<NOTE: Notification.>> 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 <<NOTE: Notification.>> if grain export activities
require additional
[[Page 131 STAT. 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 <<NOTE: Employee positions.>> 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 <<NOTE: Continuance.>> 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 <<NOTE: Notification. Expenditure plan.>> 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 131 STAT. 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: <<NOTE: Reports. Deadline. Assessment.>> 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 <<NOTE: Notification.>> 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 131 STAT. 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: <<NOTE: Pink
bollworm.>> 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: <<NOTE: Notification. Deadline.>> 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 <<NOTE: Contracts.>> 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 152]]
1, 2017: <<NOTE: Incentives. Nonprofit organizations. Determination.>>
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 <<NOTE: Contracts.>>
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 <<NOTE: Time period.>> 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 <<NOTE: Time period.>> 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: <<NOTE: Applicability.>> 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 131 STAT. 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 <<NOTE: Vouchers.>>
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: <<NOTE: Determination.>> 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 <<NOTE: Determination.>> 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 131 STAT. 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: <<NOTE: Grants.>> 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: <<NOTE: Grants. Native Americans.>>
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 131 STAT. 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: <<NOTE: Grants.>> 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: <<NOTE: Grants. Native Americans.>>
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 131 STAT. 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 <<NOTE: Grants.>> to exceed $10,000,000
of the amount appropriated under
[[Page 131 STAT. 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 <<NOTE: Loans. Grants.>> $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 <<NOTE: Grants. Determination.>> 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: <<NOTE: Contracts.>> 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 131 STAT. 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 131 STAT. 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 <<NOTE: Grants.>> 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 131 STAT. 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 <<NOTE: Workfare.>> 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 131 STAT. 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: <<NOTE: Contracts. Study.>> 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 131 STAT. 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: <<NOTE: Notification. Web posting. Deadline.>> 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 131 STAT. 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 131 STAT. 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: <<NOTE: Coordination.>> 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 <<NOTE: Transfer
approval.>> 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 131 STAT. 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: <<NOTE: Notification.>> 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: <<NOTE: Transfer
approval.>> Provided, That none of the funds made available by this
Act or any other Act shall be transferred to the Working
[[Page 131 STAT. 166]]
Capital Fund without the prior approval of the agency administrator:
Provided further, That <<NOTE: Notification. Transfer approval.>> 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 <<NOTE: Notification. Transfer approval.>> 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: <<NOTE: Notification.>> 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: <<NOTE: Determination.>> 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 131 STAT. 167]]
Sec. 706.
None <<NOTE: Determination. Contracts. Approval. Concurrence.>> 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: <<NOTE: Notification. Transfer approval.>> 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 131 STAT. 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 <<NOTE: Applicability.>> 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 131 STAT. 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 <<NOTE: Notification. Time period.>> 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) <<NOTE: Notifications. Time periods.>> 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 131 STAT. 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 131 STAT. 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 <<NOTE: Fees.>> 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 <<NOTE: News story. Notification.>> 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 <<NOTE: Time period. Reimbursement.>> 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 <<NOTE: Deadline. Spending plan. Fees.>> 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 131 STAT. 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 <<NOTE: Loans.>> 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. <<NOTE: Contracts.>> 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 <<NOTE: Loans. Notification. Time period.>> 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 <<NOTE: Notification. Transfer approval.>> 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 <<NOTE: Water. Determination. Time period.>> 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 131 STAT. 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 <<NOTE: Applicability.>> 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 <<NOTE: Plan. Coordination. Time period. Review.>>
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 <<NOTE: Human embryo.>> 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 131 STAT. 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) <<NOTE: Audits.>> 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) <<NOTE: Public information. Reports.>> promptly make
publicly available the final reports of any audits or reviews
conducted pursuant to subsection (1).
(b) <<NOTE: Applicability.>> 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 <<NOTE: Hydrogenated oils.>> 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 <<NOTE: Fees.>> 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) <<NOTE: Pornography.>> 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 131 STAT. 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 <<NOTE: Effective date. Notification. 7 USC
2014a.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Waiver request. Public information. Time period.>> 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. <<NOTE: Web
posting.>> 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) <<NOTE: Applicability.>> 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 131 STAT. 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) <<NOTE: Definition.>> 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) <<NOTE: Time periods.>> 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: <<NOTE: Compliance.>> 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 131 STAT. 177]]
Sec. 749. (a) <<NOTE: 7 USC 936c note.>> 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) <<NOTE: Determination.>> 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) <<NOTE: Loans.>> 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: <<NOTE: Definition.>>
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 <<NOTE: Applicability.>> with respect to specific activities for
which program levels have been made available by this Act that are
[[Page 131 STAT. 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 <<NOTE: Regulations. Deadline.>> 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 131 STAT. 179]]
Sec. 760. There <<NOTE: Grants.>> 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 <<NOTE: Time period. Labeling.>> 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 <<NOTE: Termination date.>> 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: <<NOTE: Applicability.>>
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 <<NOTE: Sodium.>> 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 131 STAT. 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 <<NOTE: Loans. Grants.>> 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 <<NOTE: Implementation plan.>> 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) <<NOTE: Time period. Reports.>> 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 <<NOTE: Grants.>> 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 131 STAT. 181]]
multi-family housing properties in areas where the Secretary determines
a risk of loss of affordable housing.
Sec. 772. (a) <<NOTE: Time period. Determinations.>> 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 131 STAT. 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 <<NOTE: Applicability.>> 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, <<NOTE: Commerce, Justice, Science, and Related
Agencies Appropriations Act, 2017. Department of Commerce Appropriations
Act, 2017.>> 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 <<NOTE: Time periods. Fees.>> 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 131 STAT. 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: <<NOTE: China.>> 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: <<NOTE: Applicability.>> 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 <<NOTE: Applicability.>> 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 131 STAT. 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 <<NOTE: Grants.>>
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 <<NOTE: Analysis.>> 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 131 STAT. 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 <<NOTE: Expenditure plan.>> 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, <<NOTE: Fees.>> 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 <<NOTE: Grants.>> 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 131 STAT. 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: <<NOTE: Spending plan.>> 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 131 STAT. 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: <<NOTE: Estimates. 15 USC 1513b note.>> 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 131 STAT. 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: <<NOTE: Estimates. 15 USC 1513a note.>> Provided further, That
the Secretary of Commerce shall include in budget justification
materials that the Secretary submits to Congress in support of the
[[Page 131 STAT. 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: <<NOTE: Grants. States. Native Americans. Guidelines.>>
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 131 STAT. 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 <<NOTE: Certification.>> 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: <<NOTE: Notification. Deadline.>> 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 131 STAT. 191]]
Sec. 104. The <<NOTE: 33 USC 878a note.>> 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 <<NOTE: Pornography. Patents and copyrights.>>
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 <<NOTE: Reimbursement.>> 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 <<NOTE: Records.>> 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 <<NOTE: Waiver authority. Contracts.>> 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 <<NOTE: 16 USC 1851 note.>> 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 131 STAT. 192]]
Justice, Science, and Related Agencies Appropriations Act, 2016 (Public
Law 114-113).
Sec. 111. To <<NOTE: Grants. Contracts.>> 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 <<NOTE: RMS Titanic.>> 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 <<NOTE: Department of Justice Appropriations Act, 2017.>>
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 131 STAT. 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 131 STAT. 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: <<NOTE: Determination. Transfer authority.>> 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: <<NOTE: Reimbursement.>> 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, <<NOTE: Reimbursement.>> 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 <<NOTE: Establishment. Human rights.>> United States Attorney
shall establish or participate in a task force on human trafficking.
[[Page 131 STAT. 195]]
united <<NOTE: Fees.>> 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 <<NOTE: Contracts.>>
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: <<NOTE: Determination. Transfer authority.>> 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 131 STAT. 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: <<NOTE: Determination. Transfer authority.>> Provided, That
notwithstanding section 205 of this Act, upon a determination by the
Attorney General that
[[Page 131 STAT. 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 131 STAT. 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: <<NOTE: 42 USC 250a note.>> 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 131 STAT. 199]]
Department for medical relief for inmates of Federal penal and
correctional institutions: <<NOTE: Contracts. Determination.>>
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: <<NOTE: Contracts. Grants.>>
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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 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), <<NOTE: 130 Stat. 1006.>> 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 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: <<NOTE: Determination. Transfer authority.>> 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, <<NOTE: Waiver.>> 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 131 STAT. 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 <<NOTE: Abortion.>> 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 <<NOTE: Abortion.>> 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 131 STAT. 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 <<NOTE: Certification.>> 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 <<NOTE: Applicability.>> 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 131 STAT. 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 131 STAT. 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 <<NOTE: Science Appropriations Act, 2017.>>
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 131 STAT. 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 <<NOTE: Determination. Notification.>> 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 <<NOTE: Plan. Deadlines. Budget profile.>> 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;
[[Page 131 STAT. 213]]
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 <<NOTE: Budget
profile. Deadline.>> 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
[[Page 131 STAT. 214]]
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: <<NOTE: Contracts. Time period. 51 USC 20145
note.>> 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 <<NOTE: 51 USC 30103.>> 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 131 STAT. 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 131 STAT. 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 131 STAT. 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: <<NOTE: Workforce proposal. Notification.>> 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 131 STAT. 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 <<NOTE: Locality pay.>> 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 131 STAT. 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 <<NOTE: Contracts.>> 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 131 STAT. 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 <<NOTE: Notification. Deadline.>> 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) <<NOTE: Labeling. Contracts.>> 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) <<NOTE: Definition.>> The term ``promotional items'' has the
meaning given the term in OMB Circular A-87, Attachment B, Item
(1)(f)(3).
Sec. 507. (a) <<NOTE: Deadlines. Reports.>> 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 131 STAT. 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: <<NOTE: Applicability.>> 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 <<NOTE: Tobacco and tobacco products.>> 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 <<NOTE: 42 USC 10601 note.>> 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 <<NOTE: Religion.>> 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) <<NOTE: Audits. Reports. Deadlines.>> 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 131 STAT. 222]]
(b) <<NOTE: Public information. Web posting.>> 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) <<NOTE: Grants. Contracts. Certification.>> 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) <<NOTE: Effective date. Consultation. Determination.>> 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) <<NOTE: Reviews.>> 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) <<NOTE: Consultation.>> 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) <<NOTE: Consultations.>> 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 131 STAT. 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) <<NOTE: Determination.>> reported that determination to
the Committees on Appropriations of the House of Representatives
and the Senate and the agency Inspector General.
Sec. 516. None <<NOTE: Torture.>> 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) <<NOTE: Exports and imports. China. Arms and
munitions.>> 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) <<NOTE: President. Determination. Canada.>> 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 131 STAT. 224]]
nation. The President shall terminate the requirements of a license when
reasons for the temporary requirements have ceased.
Sec. 518. Notwithstanding <<NOTE: Exports and imports. Arms and
munitions.>> 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 <<NOTE: Commerce and trade.>> 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 <<NOTE: National security letter.>> 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 <<NOTE: Notifications.>> 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. <<NOTE: Deadline. Determination.>> 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 <<NOTE: Contracts. Grants. Certification. Time
period.>> 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 131 STAT. 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) <<NOTE: Deadlines.>> 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) <<NOTE: Reports.>> 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 131 STAT. 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 <<NOTE: Khalid Sheikh Mohammed. Detainees. Cuba.>>
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) <<NOTE: Detainees. Cuba.>> 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 131 STAT. 227]]
(4) <<NOTE: Time periods.>> 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) <<NOTE: Contracts. China.>> 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) <<NOTE: Consultation. Certification.>> 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) <<NOTE: Human rights.>> 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) <<NOTE: Deadline.>> 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 <<NOTE: Exports and imports. Arms and munitions.>>
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) <<NOTE: Time period.>> 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) <<NOTE: Pornography.>> 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 <<NOTE: Spending plans. Deadline.>> 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 131 STAT. 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 <<NOTE: Contracts.>> 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 <<NOTE: Reports. China.>> 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 <<NOTE: States. Marijuana.>> 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 <<NOTE: Poverty.>> 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: <<NOTE: Definition.>> 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 131 STAT. 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) <<NOTE: 19 USC 2171 note.>> 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) <<NOTE: Applicability.>> 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 <<NOTE: Department of Defense Appropriations Act, 2017.>> 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 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: <<NOTE: Determination.>> 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: <<NOTE: Determination.>> Provided further, That
upon a determination that all or part of the funds transferred
[[Page 131 STAT. 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: <<NOTE: Determination.>> 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: <<NOTE: Determination.>> 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: <<NOTE: Determination.>> 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: <<NOTE: Determination.>> 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: <<NOTE: Determination.>> 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 131 STAT. 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: <<NOTE: Determination.>> 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: <<NOTE: Determination.>> 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: <<NOTE: Determination.>> 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 131 STAT. 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 <<NOTE: Deadline. Notification.>> 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 131 STAT. 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 <<NOTE: Determination.>>
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 131 STAT. 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 <<NOTE: Propaganda.>> 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 <<NOTE: Time period.>> 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 131 STAT. 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: <<NOTE: Notification.>>
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: <<NOTE: Time period.>> 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: <<NOTE: Applicability.>>
Provided, That section 8005 shall apply when transfers of the amounts
described in subsection (a) occur between appropriation accounts.
Sec. 8007. (a) <<NOTE: Deadline. Reports.>> 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 131 STAT. 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) <<NOTE: Certification.>> 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 <<NOTE: Notifications.>> 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 <<NOTE: Contracts. Notification. Time period.>> 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 131 STAT. 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: <<NOTE: Human rights.>> 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: <<NOTE: Determination. Hawaii.>> 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 131 STAT. 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 <<NOTE: Contracts. Alcohol and alcoholic
beverages.>> 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 <<NOTE: Applicability.>> 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 <<NOTE: Lobbying.>> 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 <<NOTE: Time
period.>> this section shall not apply to those members who have
reenlisted with this option prior to October 1, 1987: Provided further,
That <<NOTE: Applicability.>> this section applies only to active
components of the Army.
[[Page 131 STAT. 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 <<NOTE: Definition.>> 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: <<NOTE: Waiver authority. Certification.>> 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: <<NOTE: Waiver authority. Certification.>> 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 <<NOTE: Contracts.>> a prime contractor or a subcontractor at any
tier that makes a subcontract award to any subcontractor or supplier as
defined
[[Page 131 STAT. 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: <<NOTE: Applicability.>> 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 <<NOTE: Kuwait.>> 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) <<NOTE: Reimbursement.>> 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 131 STAT. 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) <<NOTE: Reports.>> 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 <<NOTE: Contracts. Canada.>> 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: <<NOTE: Applicability.>> 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: <<NOTE: Waiver authority. Certification.>> 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 <<NOTE: Definition.>> 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 131 STAT. 253]]
and private firms: <<NOTE: Certification.>> 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) <<NOTE: Consultation. Determination. Memorandum.>> 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) <<NOTE: Reports.>> 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) <<NOTE: Definition.>> 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) <<NOTE: Land conveyances. Native Americans. State
listing.>> 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 131 STAT. 254]]
subsection (a) before submitting requests to the Secretary of the Air
Force under subsection (b).
(d) <<NOTE: Definition.>> 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 <<NOTE: Regulations. Tobacco and tobacco
products.>> 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 131 STAT. 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) <<NOTE: Determination.>> 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) <<NOTE: Analysis.>> 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) <<NOTE: Reports.>> provides to the congressional
defense committees a report detailing the findings of the cost
analysis; and
[[Page 131 STAT. 256]]
(3) <<NOTE: Certification.>> 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) <<NOTE: Waiver authority. Determination. Certification.>> 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) <<NOTE: Contracts.>> 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) <<NOTE: Determination.>> 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
[[Page 131 STAT. 257]]
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;
[[Page 131 STAT. 258]]
``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 <<NOTE: North Korea.>> 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 <<NOTE: Reimbursement.>> appropriated in this Act
for operation and maintenance of the Military Departments, Combatant
Commands and Defense Agencies shall be available for reimbursement of
pay, allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when members
of the National Guard and Reserve provide intelligence or
counterintelligence support to Combatant Commands, Defense Agencies and
Joint Intelligence Activities, including the activities and programs
included within the National Intelligence Program and the Military
Intelligence Program: Provided, That nothing in this section authorizes
deviation from established Reserve and National Guard personnel and
training procedures.
Sec. 8047. (a) <<NOTE: Drugs and drug abuse.>> None of the funds
available to the Department of Defense for any fiscal year for drug
interdiction or counter-drug activities may be transferred to any other
department or
[[Page 131 STAT. 259]]
agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence Agency
for any fiscal year for drug interdiction or counter-drug activities may
be transferred to any other department or agency of the United States
except as specifically provided in an appropriations law.
Sec. 8048. None <<NOTE: Contracts. Ball and roller bearings.>> of
the funds appropriated by this Act may be used for the procurement of
ball and roller bearings other than those produced by a domestic source
and of domestic origin: Provided, That <<NOTE: Waiver
authority. Certification.>> the Secretary of the military department
responsible for such procurement may waive this restriction on a case-
by-case basis by certifying in writing to the Committees on
Appropriations of the House of Representatives and the Senate, that
adequate domestic supplies are not available to meet Department of
Defense requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes:
Provided further, That <<NOTE: Applicability.>> this restriction shall
not apply to the purchase of ``commercial items'', as defined by section
103 of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
Sec. 8049. None of the funds made available by this Act may be used
to retire, divest, realign, or transfer RQ-4B Global Hawk aircraft, or
to disestablish or convert units associated with such aircraft.
Sec. 8050. None of the funds made available by this Act for Evolved
Expendable Launch Vehicle service competitive procurements may be used
unless the competitive procurements are open for award to all certified
providers of Evolved Expendable Launch Vehicle-class
systems: <<NOTE: Award.>> Provided, That the award shall be made to
the provider that offers the best value to the government.
Sec. 8051. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated
to the Department of Defense: <<NOTE: Determination. Grants.>>
Provided, That upon the determination of the Secretary of Defense that
it shall serve the national interest, the Secretary shall make grants in
the amounts specified as follows: $20,000,000 to the United Service
Organizations and $24,000,000 to the Red Cross.
Sec. 8052. None <<NOTE: Contracts. Supercomputer. Certification.>>
of the funds in this Act may be used to purchase any supercomputer which
is not manufactured in the United States, unless the Secretary of
Defense certifies to the congressional defense committees that such an
acquisition must be made in order to acquire capability for national
security purposes that is not available from United States
manufacturers.
Sec. 8053. Notwithstanding any other provision in this Act, the
Small Business Innovation Research program and the Small Business
Technology Transfer program set-asides shall be taken proportionally
from all programs, projects, or activities to the extent they contribute
to the extramural budget.
Sec. 8054. None <<NOTE: Contracts.>> of the funds available to the
Department of Defense under this Act shall be obligated or expended to
pay a contractor under a contract with the Department of Defense for
costs of any amount paid by the contractor to an employee when--
(1) such costs are for a bonus or otherwise in excess of the
normal salary paid by the contractor to the employee; and
[[Page 131 STAT. 260]]
(2) such bonus is part of restructuring costs associated
with a business combination.
(including transfer of funds)
Sec. 8055. During the current fiscal year, no more than $30,000,000
of appropriations made in this Act under the heading ``Operation and
Maintenance, Defense-Wide'' may be transferred to appropriations
available for the pay of military personnel, to be merged with, and to
be available for the same time period as the appropriations to which
transferred, to be used in support of such personnel in connection with
support and services for eligible organizations and activities outside
the Department of Defense pursuant to section 2012 of title 10, United
States Code.
Sec. 8056. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the period
of availability for obligation has expired or which has closed under the
provisions of section 1552 of title 31, United States Code, and which
has a negative unliquidated or unexpended balance, an obligation or an
adjustment of an obligation may be charged to any current appropriation
account for the same purpose as the expired or closed account if--
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that
account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of Defense;
and
(3) in the case of an expired account, the obligation is not
chargeable to a current appropriation of the Department of
Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101-510, as amended (31 U.S.C. 1551 note): Provided, That
in the case of an expired account, if subsequent review or
investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge to
a current account under the authority of this section shall be
reversed and recorded against the expired account: Provided
further, That the total amount charged to a current
appropriation under this section may not exceed an amount equal
to 1 percent of the total appropriation for that account.
Sec. 8057. (a) Notwithstanding any other provision of law, the Chief
of the National Guard Bureau may permit the use of equipment of the
National Guard Distance Learning Project by any person or entity on a
space-available, reimbursable basis. <<NOTE: Reimbursement.>> The Chief
of the National Guard Bureau shall establish the amount of reimbursement
for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited to
funds available for the National Guard Distance Learning Project and be
available to defray the costs associated with the use of equipment of
the project under that subsection. Such funds shall be available for
such purposes without fiscal year limitation.
Sec. 8058. None <<NOTE: Fleet modification.>> of the funds
available to the Department of Defense may be obligated to modify
command and control relationships to give Fleet Forces Command
operational and administrative control of United States Navy forces
assigned to the Pacific fleet: Provided, That the command and control
relationships which
[[Page 131 STAT. 261]]
existed on October 1, 2004, shall remain in force until a written
modification has been proposed to the House and Senate Appropriations
Committees: <<NOTE: Implementation date.>> Provided further, That the
proposed modification may be implemented 30 days after the notification
unless an objection is received from either the House or Senate
Appropriations Committees: Provided further, That any proposed
modification shall not preclude the ability of the commander of United
States Pacific Command to meet operational requirements.
(including transfer of funds)
Sec. 8059. Of the funds appropriated in this Act under the heading
``Operation and Maintenance, Defense-wide'', $25,000,000 shall be for
continued implementation and expansion of the Sexual Assault Special
Victims' Counsel Program: Provided, That the funds are made available
for transfer to the Department of the Army, the Department of the Navy,
and the Department of the Air Force: Provided further, That funds
transferred shall be merged with and available for the same purposes and
for the same time period as the appropriations to which the funds are
transferred: Provided further, That this transfer authority is in
addition to any other transfer authority provided in this Act.
Sec. 8060. None of the funds appropriated in title IV of this Act
may be used to procure end-items for delivery to military forces for
operational training, operational use or inventory requirements:
Provided, That this restriction does not apply to end-items used in
development, prototyping, and test activities preceding and leading to
acceptance for operational use: Provided further, That this restriction
does not apply to programs funded within the National Intelligence
Program: Provided further, That the Secretary of Defense may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations of the House of Representatives and the
Senate that it is in the national security interest to do so.
Sec. 8061. (a) The Secretary of Defense may, on a case-by-case
basis, waive with respect to a foreign country each limitation on the
procurement of defense items from foreign sources provided in law if the
Secretary determines that the application of the limitation with respect
to that country would invalidate cooperative programs entered into
between the Department of Defense and the foreign country, or would
invalidate reciprocal trade agreements for the procurement of defense
items entered into under section 2531 of title 10, United States Code,
and the country does not discriminate against the same or similar
defense items produced in the United States for that country.
(b) Subsection (a) applies with respect to--
(1) contracts and subcontracts entered into on or after the
date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason other
than the application of a waiver granted under subsection (a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters 50-65)
of the Harmonized Tariff Schedule of the United States
[[Page 131 STAT. 262]]
and products classified under headings 4010, 4202, 4203, 6401 through
6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40,
7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.
Sec. 8062. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations Acts may
be obligated or expended for the purpose of performing repairs or
maintenance to military family housing units of the Department of
Defense, including areas in such military family housing units that may
be used for the purpose of conducting official Department of Defense
business.
(including transfer of funds)
Sec. 8063. Of the amounts appropriated for ``Operation and
Maintenance, Navy'', up to $1,000,000 shall be available for transfer to
the John C. Stennis Center for Public Service Development Trust Fund
established under section 116 of the John C. Stennis Center for Public
Service Training and Development Act (2 U.S.C. 1105).
Sec. 8064. Notwithstanding <<NOTE: Reports.>> any other provision
of law, funds appropriated in this Act under the heading ``Research,
Development, Test and Evaluation, Defense-Wide'' for any new start
advanced concept technology demonstration project or joint capability
demonstration project may only be obligated 45 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has been
provided in writing to the congressional defense committees: Provided,
That <<NOTE: Waiver authority. Certification.>> the Secretary of
Defense may waive this restriction on a case-by-case basis by certifying
to the congressional defense committees that it is in the national
interest to do so.
Sec. 8065. The <<NOTE: Classified. Deadlines. Reports.>> Secretary
of Defense shall continue to provide a classified quarterly report to
the House and Senate Appropriations Committees, Subcommittees on Defense
on certain matters as directed in the classified annex accompanying this
Act.
Sec. 8066. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard serving on
full-time National Guard duty under section 502(f) of title 32, United
States Code, may perform duties in support of the ground-based elements
of the National Ballistic Missile Defense System.
Sec. 8067. None of the funds provided in this Act may be used to
transfer to any nongovernmental entity ammunition held by the Department
of Defense that has a center-fire cartridge and a United States military
nomenclature designation of ``armor penetrator'', ``armor piercing
(AP)'', ``armor piercing incendiary (API)'', or ``armor-piercing
incendiary tracer (API-T)'', except to an entity performing
demilitarization services for the Department of Defense under a contract
that requires the entity to demonstrate to the satisfaction of the
Department of Defense that armor piercing projectiles are either: (1)
rendered incapable of reuse by the demilitarization process; or (2) used
to manufacture ammunition pursuant to a contract with the Department of
Defense or the manufacture of ammunition for export pursuant to a
License for Permanent Export of Unclassified Military Articles issued by
the Department of State.
[[Page 131 STAT. 263]]
Sec. 8068. Notwithstanding any other provision of law, the Chief of
the National Guard Bureau, or his designee, may waive payment of all or
part of the consideration that otherwise would be required under section
2667 of title 10, United States Code, in the case of a lease of personal
property for a period not in excess of 1 year to any organization
specified in section 508(d) of title 32, United States Code, or any
other youth, social, or fraternal nonprofit organization as may be
approved by the Chief of the National Guard Bureau, or his designee, on
a case-by-case basis.
(including transfer of funds)
Sec. 8069. Of the amounts appropriated in this Act under the
heading ``Operation and Maintenance, Army'', $75,950,170 shall remain
available until expended: Provided, That, notwithstanding any other
provision of law, the Secretary of Defense is authorized to transfer
such funds to other activities of the Federal Government: Provided
further, That the Secretary of Defense is authorized to enter into and
carry out contracts for the acquisition of real property, construction,
personal services, and operations related to projects carrying out the
purposes of this section: Provided further, That contracts entered into
under the authority of this section may provide for such indemnification
as the Secretary determines to be
necessary: <<NOTE: Compliance. Determination.>> Provided further, That
projects authorized by this section shall comply with applicable
Federal, State, and local law to the maximum extent consistent with the
national security, as determined by the Secretary of Defense.
Sec. 8070. (a) None of the funds appropriated in this or any other
Act may be used to take any action to modify--
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation of a
new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request is
presented in the unclassified P-1, R-1, and O-1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the merger
of programs or changes to the National Intelligence Program budget at or
below the Expenditure Center level, provided such change is otherwise in
accordance with paragraphs (a)(1)-(3).
(c) <<NOTE: Study.>> The Director of National Intelligence and the
Secretary of Defense may jointly, only for the purposes of achieving
auditable financial statements and improving fiscal reporting, study and
develop detailed proposals for alternative financial management
processes. Such <<NOTE: Assessment.>> study shall include a
comprehensive counterintelligence risk assessment to ensure that none of
the alternative processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary
of Defense shall--
(1) provide the proposed alternatives to all affected
agencies;
[[Page 131 STAT. 264]]
(2) <<NOTE: Certification.>> receive certification from all
affected agencies attesting that the proposed alternatives will
help achieve auditability, improve fiscal reporting, and will
not adversely affect counterintelligence; and
(3) <<NOTE: Deadline.>> not later than 30 days after
receiving all necessary certifications under paragraph (2),
present the proposed alternatives and certifications to the
congressional defense and intelligence committees.
Sec. 8071. In addition to amounts provided elsewhere in this Act,
$5,000,000 is hereby appropriated to the Department of Defense, to
remain available for obligation until
expended: <<NOTE: Determination. Grants. Fisher House Foundation.>>
Provided, That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant to
the Fisher House Foundation, Inc., only for the construction and
furnishing of additional Fisher Houses to meet the needs of military
family members when confronted with the illness or hospitalization of an
eligible military beneficiary.
(including transfer of funds)
Sec. 8072. Of <<NOTE: Israel.>> the amounts appropriated in this
Act under the headings ``Procurement, Defense-Wide'' and ``Research,
Development, Test and Evaluation, Defense-Wide'', $600,735,000 shall be
for the Israeli Cooperative Programs: <<NOTE: Contracts.>> Provided,
That of this amount, $62,000,000 shall be for the Secretary of Defense
to provide to the Government of Israel for the procurement of the Iron
Dome defense system to counter short-range rocket threats, subject to
the U.S.-Israel Iron Dome Procurement Agreement, as amended;
$266,511,000 shall be for the Short Range Ballistic Missile Defense
(SRBMD) program, including cruise missile defense research and
development under the SRBMD program, of which $150,000,000 shall be for
co-production activities of SRBMD missiles in the United States and in
Israel to meet Israel's defense requirements consistent with each
nation's laws, regulations, and procedures, of which not more than
$90,000,000, subject to previously established transfer procedures, may
be obligated or expended until establishment of a U.S.-Israeli co-
production agreement for SRBMD; $204,893,000 shall be for an upper-tier
component to the Israeli Missile Defense Architecture, of which
$120,000,000 shall be for co-production activities of Arrow 3 Upper Tier
missiles in the United States and in Israel to meet Israel's defense
requirements consistent with each nation's laws, regulations, and
procedures, of which not more than $70,000,000 subject to previously
established transfer procedures, may be obligated or expended until
establishment of a U.S.-Israeli co-production agreement for Arrow 3
Upper Tier; and $67,331,000 shall be for the Arrow System Improvement
Program including development of a long range, ground and airborne,
detection suite: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer authority
contained in this Act.
(including transfer of funds)
Sec. 8073. Of the amounts appropriated in this Act under the
heading ``Shipbuilding and Conversion, Navy'', $160,274,000 shall be
available until September 30, 2017, to fund prior year shipbuilding cost
increases: Provided, That upon enactment of this
[[Page 131 STAT. 265]]
Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That the
amounts transferred shall be merged with and be available for the same
purposes as the appropriations to which transferred to:
(1) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2017: LPD-17 Amphibious Transport Dock Program $45,060,000;
(2) Under the heading ``Shipbuilding and Conversion, Navy'',
2011/2017: DDG-51 Destroyer $15,959,000;
(3) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2017: Littoral Combat Ship $3,600,000;
(4) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2017: Littoral Combat Ship $82,400,000;
(5) Under the heading ``Shipbuilding and Conversion, Navy'',
2012/2017: Expeditionary Fast Transport $6,710,000; and
(6) Under the heading ``Shipbuilding and Conversion, Navy'',
2013/2017: Expeditionary Fast Transport $6,545,000.
Sec. 8074. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for intelligence activities are deemed to
be specifically authorized by the Congress for purposes of section 504
of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year
2017 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2017.
Sec. 8075. None <<NOTE: Notification.>> of the funds provided in
this Act shall be available for obligation or expenditure through a
reprogramming of funds that creates or initiates a new program, project,
or activity unless such program, project, or activity must be undertaken
immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
Sec. 8076. The <<NOTE: 10 USC 221 note.>> budget of the President
for fiscal year 2018 submitted to the Congress pursuant to section 1105
of title 31, United States Code, shall include separate budget
justification documents for costs of United States Armed Forces'
participation in contingency operations for the Military Personnel
accounts, the Operation and Maintenance accounts, the Procurement
accounts, and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for each
appropriations account: <<NOTE: Cost estimates.>> Provided further,
That these documents shall include estimated costs for each element of
expense or object class, a reconciliation of increases and decreases for
each contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component, and
estimates of the major weapons systems deployed in support of each
contingency: Provided further, That these documents shall include
budget exhibits OP-5 and OP-32 (as defined in the Department of Defense
Financial Management Regulation) for all contingency operations for the
budget year and the two preceding fiscal years.
Sec. 8077. None of the funds in this Act may be used for research,
development, test, evaluation, procurement or deployment of nuclear
armed interceptors of a missile defense system.
[[Page 131 STAT. 266]]
Sec. 8078. Notwithstanding any other provision of this Act, to
reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $157,000,000.
Sec. 8079. None of the funds appropriated or made available in this
Act shall be used to reduce or disestablish the operation of the 53rd
Weather Reconnaissance Squadron of the Air Force Reserve, if such action
would reduce the WC-130 Weather Reconnaissance mission below the levels
funded in this Act: Provided, That the Air Force shall allow the 53rd
Weather Reconnaissance Squadron to perform other missions in support of
national defense requirements during the non-hurricane season.
Sec. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless the
information has been lawfully collected and processed during the conduct
of authorized foreign intelligence activities: Provided, That
information pertaining to United States persons shall only be handled in
accordance with protections provided in the Fourth Amendment of the
United States Constitution as implemented through Executive Order No.
12333.
Sec. 8081. (a) None of the funds appropriated by this Act may be
used to transfer research and development, acquisition, or other program
authority relating to current tactical unmanned aerial vehicles (TUAVs)
from the Army.
(b) The Army shall retain responsibility for and operational control
of the MQ-1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to
support the Secretary of Defense in matters relating to the employment
of unmanned aerial vehicles.
Sec. 8082. Up to $10,120,000 of the funds appropriated under the
heading ``Operation and Maintenance, Navy'' may be made available for
the Asia Pacific Regional Initiative Program for the purpose of enabling
the Pacific Command to execute Theater Security Cooperation activities
such as humanitarian assistance, and payment of incremental and
personnel costs of training and exercising with foreign security forces:
Provided, That funds made available for this purpose may be used,
notwithstanding any other funding authorities for humanitarian
assistance, security assistance or combined exercise expenses: Provided
further, That funds may not be obligated to provide assistance to any
foreign country that is otherwise prohibited from receiving such type of
assistance under any other provision of law.
Sec. 8083. None of the funds appropriated by this Act for programs
of the Office of the Director of National Intelligence shall remain
available for obligation beyond the current fiscal year, except for
funds appropriated for research and technology, which shall remain
available until September 30, 2018.
Sec. 8084. For <<NOTE: Applicability.>> purposes of section
1553(b) of title 31, United States Code, any subdivision of
appropriations made in this Act under the heading ``Shipbuilding and
Conversion, Navy'' shall be considered to be for the same purpose as any
subdivision under the heading ``Shipbuilding and Conversion, Navy''
appropriations in any prior fiscal year, and the 1 percent limitation
shall apply to the total amount of the appropriation.
Sec. 8085. (a) <<NOTE: Deadline. Reports.>> Not later than 60 days
after the date of enactment of this Act, the Director of National
Intelligence shall submit a report to the congressional intelligence
committees to establish the baseline for application of reprogramming
and transfer authorities for fiscal year 2017: Provided, That the
report shall include--
[[Page 131 STAT. 267]]
(1) a table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) <<NOTE: Certification.>> None of the funds provided for the
National Intelligence Program in this Act shall be available for
reprogramming or transfer until the report identified in subsection (a)
is submitted to the congressional intelligence committees, unless the
Director of National Intelligence certifies in writing to the
congressional intelligence committees that such reprogramming or
transfer is necessary as an emergency requirement.
Sec. 8086. None <<NOTE: New Jersey. Time period. Notification.>>
of the funds made available by this Act may be used to eliminate,
restructure, or realign Army Contracting Command--New Jersey or make
disproportionate personnel reductions at any Army Contracting Command--
New Jersey sites without 30-day prior notification to the congressional
defense committees.
(rescission)
Sec. 8087. Of the unobligated balances available to the Department
of Defense, the following funds are permanently rescinded from the
following accounts and programs in the specified amounts to reflect
excess cash balances in Department of Defense Acquisition Workforce
Development Fund: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism or as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985, as amended:
From ``Department of Defense Acquisition Workforce
Development Fund, Defense'', $531,000,000.
Sec. 8088. None of the funds made available by this Act for excess
defense articles, assistance under section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119 Stat.
3456), or peacekeeping operations for the countries designated annually
to be in violation of the standards of the Child Soldiers Prevention Act
of 2008 (Public Law 110-457; 22 U.S.C. 2370c-1) may be used to support
any military training or operation that includes child soldiers, as
defined by the Child Soldiers Prevention Act of 2008, unless such
assistance is otherwise permitted under section 404 of the Child
Soldiers Prevention Act of 2008.
Sec. 8089. Of <<NOTE: Grants. Contracts. Guam.>> the amounts
appropriated for ``Operation and Maintenance, Defense-Wide'',
$67,500,000, to remain available until expended, shall be available,
notwithstanding any other provision of law, to the Secretary of Defense
acting through the Office of Economic Adjustment of the Department of
Defense to make grants, conclude cooperative agreements, and supplement
other Federal funds to address the need for assistance to support
critical existing and enduring military installations and missions on
Guam, as well as any potential Department of Defense growth, for
purposes of addressing the need for civilian water and wastewater
improvements.
[[Page 131 STAT. 268]]
Sec. 8090. (a) <<NOTE: Notification. Time period.>> None of the
funds provided for the National Intelligence Program in this or any
prior appropriations Act shall be available for obligation or
expenditure through a reprogramming or transfer of funds in accordance
with section 102A(d) of the National Security Act of 1947 (50 U.S.C.
3024(d)) that--
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National
Intelligence Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period
may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence Program
in this or any prior appropriations Act shall be available for
obligation or expenditure through a reprogramming or transfer of funds
in accordance with section 102A(d) of the National Security Act of 1947
(50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of
the levels specified in the classified annex accompanying the Act unless
the congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification period may be
reduced for urgent national security requirements.
Sec. 8091. The <<NOTE: 50 USC 3103 note.>> Director of National
Intelligence shall submit to Congress each year, at or about the time
that the President's budget is submitted to Congress that year under
section 1105(a) of title 31, United States Code, a future-years
intelligence program (including associated annexes) reflecting the
estimated expenditures and proposed appropriations included in that
budget. Any such future-years intelligence program shall cover the
fiscal year with respect to which the budget is submitted and at least
the four succeeding fiscal years.
Sec. 8092. For the purposes of this Act, the term ``congressional
intelligence committees'' means the Permanent Select Committee on
Intelligence of the House of Representatives, the Select Committee on
Intelligence of the Senate, the Subcommittee on Defense of the Committee
on Appropriations of the House of Representatives, and the Subcommittee
on Defense of the Committee on Appropriations of the Senate.
(including transfer of funds)
Sec. 8093. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of this Act
for ``Operation and Maintenance, Army'', ``Operation and Maintenance,
Navy'', and ``Operation and Maintenance, Air Force'' may be transferred
by the military department concerned to its central fund established for
Fisher Houses and Suites pursuant to section 2493(d) of title 10, United
States Code.
[[Page 131 STAT. 269]]
(including transfer of funds)
Sec. 8094. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances and
transfer to the Defense Acquisition Workforce Development Fund in
accordance with section 1705 of title 10, United States Code.
Sec. 8095. (a) <<NOTE: Web posting. Reports. Determination.>> Any
agency receiving funds made available in this Act, shall, subject to
subsections (b) and (c), post on the public Web site of that agency any
report required to be submitted by the Congress in this or any other
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
Sec. 8096. (a) <<NOTE: Contracts.>> None of the funds appropriated
or otherwise made available by this Act may be expended for any Federal
contract for an amount in excess of $1,000,000, unless the contractor
agrees not to--
(1) enter into any agreement with any of its employees or
independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree to
resolve through arbitration any claim under title VII of the
Civil Rights Act of 1964 or any tort related to or arising out
of sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil
Rights Act of 1964 or any tort related to or arising out of
sexual assault or harassment, including assault and battery,
intentional infliction of emotional distress, false
imprisonment, or negligent hiring, supervision, or retention.
(b) <<NOTE: Certification.>> None of the funds appropriated or
otherwise made available by this Act may be expended for any Federal
contract unless the contractor certifies that it requires each covered
subcontractor to agree not to enter into, and not to take any action to
enforce any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent
contractor performing work related to such subcontract. For
purposes <<NOTE: Definition.>> of this subsection, a ``covered
subcontractor'' is an entity that has a subcontract in excess of
$1,000,000 on a contract subject to subsection (a).
(c) The prohibitions in this section do not apply with respect to a
contractor's or subcontractor's agreements with employees or independent
contractors that may not be enforced in a court of the United States.
(d) <<NOTE: Waiver authority. Determination.>> The Secretary of
Defense may waive the application of subsection (a) or (b) to a
particular contractor or subcontractor for the purposes of a particular
contract or subcontract if the Secretary or the Deputy Secretary
personally determines that the
[[Page 131 STAT. 270]]
waiver is necessary to avoid harm to national security interests of the
United States, and that the term of the contract or subcontract is not
longer than necessary to avoid such harm. The determination shall set
forth with specificity the grounds for the waiver and for the contract
or subcontract term selected, and shall state any alternatives
considered in lieu of a waiver and the reasons each such alternative
would not avoid harm to national security interests of the United
States. <<NOTE: Public information. Deadline.>> The Secretary of
Defense shall transmit to Congress, and simultaneously make public, any
determination under this subsection not less than 15 business days
before the contract or subcontract addressed in the determination may be
awarded.
(including transfer of funds)
Sec. 8097. From within the funds appropriated for operation and
maintenance for the Defense Health Program in this Act, up to
$122,375,000, shall be available for transfer to the Joint Department of
Defense-Department of Veterans Affairs Medical Facility Demonstration
Fund in accordance with the provisions of section 1704 of the National
Defense Authorization Act for Fiscal Year 2010, Public Law 111-84:
Provided, That for purposes of section 1704(b), the facility operations
funded are operations of the integrated Captain James A. Lovell Federal
Health Care Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and supporting
facilities designated as a combined Federal medical facility as
described by section 706 of Public Law 110-417: <<NOTE: Notification.>>
Provided further, That additional funds may be transferred from funds
appropriated for operation and maintenance for the Defense Health
Program to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund upon written notification by
the Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
Sec. 8098. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense or a
component thereof in contravention of the provisions of section 130h of
title 10, United States Code.
Sec. 8099. Appropriations available to the Department of Defense
may be used for the purchase of heavy and light armored vehicles for the
physical security of personnel or for force protection purposes up to a
limit of $450,000 per vehicle, notwithstanding price or other
limitations applicable to the purchase of passenger carrying vehicles.
(including transfer of funds)
Sec. 8100. Upon <<NOTE: Determination.>> a determination by the
Director of National Intelligence that such action is necessary and in
the national interest, the Director may, with the approval of the Office
of Management and Budget, transfer not to exceed $1,500,000,000 of the
funds made available in this Act for the National Intelligence Program:
Provided, That such authority to transfer may not be used unless for
higher priority items, based on unforeseen intelligence requirements,
than those for which originally appropriated and in no case where the
item for which funds are requested has been denied by the
Congress: <<NOTE: Deadline.>> Provided further, That a request
[[Page 131 STAT. 271]]
for multiple reprogrammings of funds using authority provided in this
section shall be made prior to June 30, 2017.
Sec. 8101. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 8102. (a) None of the funds appropriated or otherwise made
available in this or any other Act may be used to construct, acquire, or
modify any facility in the United States, its territories, or
possessions to house any individual described in subsection (c) for the
purposes of detention or imprisonment in the custody or under the
effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo
Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who--
(1) is not a citizen of the United States or a member of the
Armed Forces of the United States; and
(2) is--
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
Sec. 8103. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained at
United States Naval Station Guantanamo Bay, Cuba, to the custody or
control of the individual's country of origin, any other foreign
country, or any other foreign entity except in accordance with section
1034 of the National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92) and section 1034 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
Sec. 8104. None of the funds made available by this Act may be used
in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).
Sec. 8105. (a) None of the funds appropriated or otherwise made
available by this or any other Act may be used by the Secretary of
Defense, or any other official or officer of the Department of Defense,
to enter into a contract, memorandum of understanding, or cooperative
agreement with, or make a grant to, or provide a loan or loan guarantee
to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection
(a) if the Secretary, in consultation with the Secretary of State and
the Director of National Intelligence, determines that it is in the
vital national security interest of the United States to do so, and
certifies in writing to the congressional defense committees that, to
the best of the Secretary's knowledge:
[[Page 131 STAT. 272]]
(1) Rosoboronexport has ceased the transfer of lethal
military equipment to, and the maintenance of existing lethal
military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have
withdrawn from Crimea, other than armed forces present on
military bases subject to agreements in force between the
Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government of
Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall conduct
a review of any action involving Rosoboronexport with respect to a
waiver issued by the Secretary of Defense pursuant to subsection (b),
and not later than 90 days after the date on which such a waiver is
issued by the Secretary of Defense, the Inspector General shall submit
to the congressional defense committees a report containing the results
of the review conducted with respect to such waiver.
Sec. 8106. None of the funds made available in this Act may be used
for the purchase or manufacture of a flag of the United States unless
such flags are treated as covered items under section 2533a(b) of title
10, United States Code.
Sec. 8107. (a) <<NOTE: 10 USC 2731 note.>> Of the funds
appropriated in this Act for the Department of Defense, amounts may be
made available, under such regulations as the Secretary of Defense may
prescribe, to local military commanders appointed by the Secretary, or
by an officer or employee designated by the Secretary, to provide at
their discretion ex gratia payments in amounts consistent with
subsection (d) of this section for damage, personal injury, or death
that is incident to combat operations of the Armed Forces in a foreign
country.
(b) An ex gratia payment under this section may be provided only
if--
(1) the prospective foreign civilian recipient is determined
by the local military commander to be friendly to the United
States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known as
the ``Foreign Claims Act''); and
(3) the property damage, personal injury, or death was not
caused by action by an enemy.
(c) Nature of Payments.--Any payments provided under a program under
subsection (a) shall not be considered an admission or acknowledgement
of any legal obligation to compensate for any damage, personal injury,
or death.
(d) Amount of Payments.--If the Secretary of Defense determines a
program under subsection (a) to be appropriate in a particular setting,
the amounts of payments, if any, to be provided to civilians determined
to have suffered harm incident to combat operations of the Armed Forces
under the program should be determined pursuant to regulations
prescribed by the Secretary and based on an assessment, which should
include such factors as cultural appropriateness and prevailing economic
conditions.
[[Page 131 STAT. 273]]
(e) Legal Advice.--Local military commanders shall receive legal
advice before making ex gratia payments under this subsection. The legal
advisor, under regulations of the Department of Defense, shall advise on
whether an ex gratia payment is proper under this section and applicable
Department of Defense regulations.
(f) Written Record.--A written record of any ex gratia payment
offered or denied shall be kept by the local commander and on a timely
basis submitted to the appropriate office in the Department of Defense
as determined by the Secretary of Defense.
(g) Report.--The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy of the
ex gratia payment program including the number of types of cases
considered, amounts offered, the response from ex gratia payment
recipients, and any recommended modifications to the program.
Sec. 8108. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or
routine refurbishments, upgrades or maintenance activities, shall be
used to reduce or to prepare to reduce the number of deployed and non-
deployed strategic delivery vehicles and launchers below the levels set
forth in the report submitted to Congress in accordance with section
1042 of the National Defense Authorization Act for Fiscal Year 2012.
Sec. 8109. The Secretary of Defense shall post grant awards on a
public Web site in a searchable format.
Sec. 8110. None of the funds made available by this Act may be used
to fund the performance of a flight demonstration team at a location
outside of the United States: Provided, That this prohibition applies
only if a performance of a flight demonstration team at a location
within the United States was canceled during the current fiscal year due
to insufficient funding.
Sec. 8111. None of the funds made available by this Act may be used
by the National Security Agency to--
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose of
targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term is
defined in section 2510(8) of title 18, United States Code) of
any electronic communication of a United States person from a
provider of electronic communication services to the public
pursuant to section 501 of the Foreign Intelligence Surveillance
Act of 1978.
Sec. 8112. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 8113. None of the funds made available in this or any other
Act may be used to pay the salary of any officer or employee of any
agency funded by this Act who approves or implements the transfer of
administrative responsibilities or budgetary resources of any program,
project, or activity financed by this Act to the jurisdiction of another
Federal agency not financed by this Act without the express
authorization of Congress: Provided, That this limitation shall not
apply to transfers of funds expressly provided for in Defense
Appropriations Acts, or provisions of Acts providing supplemental
appropriations for the Department of Defense.
[[Page 131 STAT. 274]]
Sec. 8114. None of the funds made available in this Act may be
obligated for activities authorized under section 1208 of the Ronald W.
Reagan National Defense Authorization Act for Fiscal Year 2005 (Public
Law 112-81; 125 Stat. 1621) to initiate support for, or expand support
to, foreign forces, irregular forces, groups, or individuals unless the
congressional defense committees are notified in accordance with the
direction contained in the classified annex accompanying this Act, not
less than 15 days before initiating such support: Provided, That none
of the funds made available in this Act may be used under section 1208
for any activity that is not in support of an ongoing military operation
being conducted by United States Special Operations Forces to combat
terrorism: Provided further, That the Secretary of Defense may waive
the prohibitions in this section if the Secretary determines that such
waiver is required by extraordinary circumstances and, by not later than
72 hours after making such waiver, notifies the congressional defense
committees of such waiver.
Sec. 8115. None <<NOTE: Iraq.>> of the funds made available by
this Act may be used with respect to Iraq in contravention of the War
Powers Resolution (50 U.S.C. 1541 et seq.), including for the
introduction of United States armed forces into hostilities in Iraq,
into situations in Iraq where imminent involvement in hostilities is
clearly indicated by the circumstances, or into Iraqi territory,
airspace, or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections 3 and
4 of such Resolution (50 U.S.C. 1542 and 1543).
Sec. 8116. None of the funds made available by this Act may be used
to divest, retire, transfer, or place in storage or on backup aircraft
inventory status, or prepare to divest, retire, transfer, or place in
storage or on backup aircraft inventory status, any A-10 aircraft, or to
disestablish any units of the active or reserve component associated
with such aircraft.
Sec. 8117. None of the funds provided in this Act for the T-AO(X)
program shall be used to award a new contract that provides for the
acquisition of the following components unless those components are
manufactured in the United States: Auxiliary equipment (including pumps)
for shipboard services; propulsion equipment (including engines,
reduction gears, and propellers); shipboard cranes; and spreaders for
shipboard cranes.
Sec. 8118. The amount appropriated in title II of this Act for
``Operation and Maintenance, Army'' is hereby reduced by $336,000,000 to
reflect excess cash balances in Department of Defense Working Capital
Funds.
Sec. 8119. Notwithstanding any other provision of this Act, to
reflect savings due to lower than anticipated fuel costs, the total
amount appropriated in title II of this Act is hereby reduced by
$1,155,000,000.
Sec. 8120. None of the funds made available by this Act may be used
to divest or retire, or to prepare to divest or retire, KC-10 aircraft.
Sec. 8121. None of the funds made available by this Act may be used
to divest, retire, transfer, or place in storage or on backup aircraft
inventory status, or prepare to divest, retire, transfer, or place in
storage or on backup aircraft inventory status, any EC-130H aircraft.
Sec. 8122. None of the funds made available by this Act may be used
for Government Travel Charge Card expenses by military
[[Page 131 STAT. 275]]
or civilian personnel of the Department of Defense for gaming, or for
entertainment that includes topless or nude entertainers or
participants, as prohibited by Department of Defense FMR, Volume 9,
Chapter 3 and Department of Defense Instruction 1015.10 (enclosure 3,
14a and 14b).
Sec. 8123. None of the funds made available by this Act may be used
to propose, plan for, or execute a new or additional Base Realignment
and Closure (BRAC) round.
Sec. 8124. Of the amounts appropriated in this Act for ``Operation
and Maintenance, Navy'', $274,524,000, to remain available until
expended, may be used for any purposes related to the National Defense
Reserve Fleet established under section 11 of the Merchant Ship Sales
Act of 1946 (50 U.S.C. 4405): Provided, That such amounts are available
for reimbursements to the Ready Reserve Force, Maritime Administration
account of the United States Department of Transportation for programs,
projects, activities, and expenses related to the National Defense
Reserve Fleet.
(including transfer of funds)
Sec. 8125. Of the amounts appropriated in this Act, the Secretary
of Defense may use up to $20,000,000 under the heading ``Operation and
Maintenance, Defense-Wide'', and up to $75,000,000 under the heading
``Research, Development, Test and Evaluation, Defense-Wide'' to develop,
replace, and sustain Federal Government security and suitability
background investigation information technology systems of the Office of
Personnel Management or other Federal agency responsible for conducting
such investigations: Provided, That the Secretary may reprogram or
transfer additional amounts into these headings or into ``Procurement,
Defense-Wide'' using established reprogramming procedures applicable to
congressional special interest items: Provided further, That such funds
shall supplement, not supplant any other amounts made available to other
Federal agencies for such purposes.
Sec. 8126. None of the funds made available by this Act for the
Joint Surveillance Target Attack Radar System recapitalization program
may be obligated or expended for pre-milestone B activities after March
31, 2018.
Sec. 8127. None of the funds made available by this Act may be used
to carry out the closure or realignment of the United States Naval
Station, Guantanamo Bay, Cuba.
(including transfer of funds)
Sec. 8128. Additional readiness funds made available in title II of
this Act for ``Operation and Maintenance, Army'', ``Operation and
Maintenance, Navy'', ``Operation and Maintenance, Marine Corps'', and
``Operation and Maintenance, Air Force'' may be transferred to and
merged with any appropriation of the Department of Defense for
activities related to the Zika virus in order to provide health support
for the full range of military operations and sustain the health of the
members of the Armed Forces, civilian employees of the Department of
Defense, and their families, to include: research and development,
disease surveillance, vaccine development, rapid detection, vector
controls and surveillance, training, and outbreak response: Provided,
That the authority provided in this section is subject to the same terms
and conditions as the authority provided in section 8005 of this Act.
[[Page 131 STAT. 276]]
Sec. 8129. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network is
designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities, or for any activity necessary for the national
defense, including intelligence activities.
(rescission)
Sec. 8130. (a) The Ship Modernization, Operations and Sustainment
Fund established by section 8103 of the Department of Defense
Appropriations Act, 2013 (division C of Public Law 113-6; 127 Stat. 321)
is hereby terminated, effective as of the date of the enactment of this
Act.
(b) Any unobligated balances in the Ship Modernization, Operations
and Sustainment Fund as of the date of the enactment of this Act are
hereby rescinded.
Sec. 8131. None of the funds made available by this Act may be used
to provide arms, training, or other assistance to the Azov Battalion.
Sec. 8132. Notwithstanding any other provision of law, any transfer
of funds appropriated or otherwise made available by this Act to the
Global Engagement Center pursuant to section 1287 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328)
shall be made in accordance with section 8005 or 9002 of this Act, as
applicable.
Sec. 8133. No amounts credited or otherwise made available in this
or any other Act to the Department of Defense Acquisition Workforce
Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal Year
2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund
established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
Sec. 8134. No <<NOTE: Records.>> funds provided in this Act shall
be used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General's access to such records, documents, or
other materials, under any provision of law, except a provision of law
that expressly refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency covered by
this section shall provide its Inspector General with access to all such
records, documents, and other materials in a timely manner. Each
Inspector General shall ensure compliance with statutory limitations on
disclosure relevant to the information provided by the establishment
over which that Inspector General has responsibilities under the
Inspector General Act of 1978. <<NOTE: Reports. Deadline.>> Each
Inspector General covered by this section shall
[[Page 131 STAT. 277]]
report to the Committees on Appropriations of the House of
Representatives and the Senate within 5 calendar days any failures to
comply with this requirement.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
MILITARY PERSONNEL
Military Personnel, Army
For an additional amount for ``Military Personnel, Army'',
$1,948,648,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Personnel, Navy
For an additional amount for ``Military Personnel, Navy'',
$327,427,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Marine Corps
For an additional amount for ``Military Personnel, Marine Corps'',
$179,733,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$705,706,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Army
For an additional amount for ``Reserve Personnel, Army'',
$42,506,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Navy
For an additional amount for ``Reserve Personnel, Navy'',
$11,929,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
[[Page 131 STAT. 278]]
Reserve Personnel, Marine Corps
For an additional amount for ``Reserve Personnel, Marine Corps'',
$3,764,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Reserve Personnel, Air Force
For an additional amount for ``Reserve Personnel, Air Force'',
$20,535,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Army
For an additional amount for ``National Guard Personnel, Army'',
$196,472,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
National Guard Personnel, Air Force
For an additional amount for ``National Guard Personnel, Air
Force'', $5,288,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$15,693,068,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$7,887,349,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $1,607,259,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 279]]
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $10,556,598,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $6,476,649,000: Provided, That of the funds provided under this
heading, not to exceed $920,000,000, to remain available until September
30, 2018, shall be for payments to reimburse key cooperating nations for
logistical, military, and other support, including access, provided to
United States military and stability operations in Afghanistan and to
counter the Islamic State of Iraq and the
Levant: <<NOTE: Reimbursement. Consultation. Determination. Time
period. Notification.>> Provided further, That such reimbursement
payments may be made in such amounts as the Secretary of Defense, with
the concurrence of the Secretary of State, and in consultation with the
Director of the Office of Management and Budget, may determine, based on
documentation determined by the Secretary of Defense to adequately
account for the support provided, and such determination is final and
conclusive upon the accounting officers of the United States, and 15
days following notification to the appropriate congressional
committees: <<NOTE: Time period. Notification.>> Provided further,
That these funds may be used for the purpose of providing specialized
training and procuring supplies and specialized equipment and providing
such supplies and loaning such equipment on a non-reimbursable basis to
coalition forces supporting United States military and stability
operations in Afghanistan and to counter the Islamic State of Iraq and
the Levant, and 15 days following notification to the appropriate
congressional committees: <<NOTE: Jordan. Time period. Notification.>>
Provided further, That these funds may be used to support the Government
of Jordan, in such amounts as the Secretary of Defense may determine, to
enhance the ability of the armed forces of Jordan to increase or sustain
security along its borders, upon 15 days prior written notification to
the congressional defense committees outlining the amounts intended to
be provided and the nature of the expenses incurred: Provided further,
That of the funds provided under this heading, not to exceed
$750,000,000, to remain available until September 30, 2018, shall be
available to provide support and assistance to foreign security forces
or other groups or individuals to conduct, support or facilitate
counterterrorism, crisis response, or other Department of Defense
security cooperation programs: Provided further, That of the funds
provided under this heading, up to $30,000,000 shall be for Operation
Observant Compass: <<NOTE: Deadlines. Reports.>> Provided further,
That the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided in this
paragraph: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 280]]
Operation and Maintenance, Army Reserve
For an additional amount for ``Operation and Maintenance, Army
Reserve'', $38,679,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $26,265,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps Reserve
For an additional amount for ``Operation and Maintenance, Marine
Corps Reserve'', $3,304,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $57,586,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $127,035,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $20,000,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Afghanistan Security Forces Fund
For the ``Afghanistan Security Forces Fund'', $4,262,715,000, to
remain available until September 30, 2018: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Commander,
Combined Security Transition Command--Afghanistan, or the Secretary's
designee, to provide assistance, with the concurrence of the Secretary
of State, to the security
[[Page 131 STAT. 281]]
forces of Afghanistan, including the provision of equipment, supplies,
services, training, facility and infrastructure repair, renovation,
construction, and funding: Provided further, That the Secretary of
Defense may obligate and expend funds made available to the Department
of Defense in this title for additional costs associated with existing
projects previously funded with amounts provided under the heading
``Afghanistan Infrastructure Fund'' in prior Acts: Provided further,
That <<NOTE: Contracts.>> such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate adjustments,
and other necessary contract actions to complete existing projects, and
associated supervision and administration costs and costs for design
during construction: Provided further, That the Secretary may not use
more than $50,000,000 under the authority provided in this
section: <<NOTE: Notify. Contracts. Deadline. Reports.>> Provided
further, That the Secretary shall notify in advance such contract
changes and adjustments in annual reports to the congressional defense
committees: Provided further, That the authority to provide assistance
under this heading is in addition to any other authority to provide
assistance to foreign nations: Provided further, That contributions of
funds for the purposes provided herein from any person, foreign
government, or international organization may be credited to this Fund,
to remain available until expended, and used for such
purposes: <<NOTE: Notification.>> Provided further, That the Secretary
of Defense shall notify the congressional defense committees in writing
upon the receipt and upon the obligation of any contribution,
delineating the sources and amounts of the funds received and the
specific use of such contributions: <<NOTE: Deadline. Notification.>>
Provided further, That the Secretary of Defense shall, not fewer than 15
days prior to obligating from this appropriation account, notify the
congressional defense committees in writing of the details of any such
obligation: <<NOTE: Notification.>> Provided further, That the
Secretary of Defense shall notify the congressional defense committees
of any proposed new projects or transfer of funds between budget sub-
activity groups in excess of $20,000,000: Provided further, That the
United States may accept equipment procured using funds provided under
this heading in this or prior Acts that was transferred to the security
forces of Afghanistan and returned by such forces to the United States:
Provided further, That <<NOTE: Notification.>> equipment procured using
funds provided under this heading in this or prior Acts, and not yet
transferred to the security forces of Afghanistan or transferred to the
security forces of Afghanistan and returned by such forces to the United
States, may be treated as stocks of the Department of Defense upon
written notification to the congressional defense committees: Provided
further, That of the funds provided under this heading, not less than
$10,000,000 shall be for recruitment and retention of women in the
Afghanistan National Security Forces, and the recruitment and training
of female security personnel: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Counter-ISIL Train and Equip Fund
For the ``Counter-Islamic State of Iraq and the Levant Train and
Equip Fund'', $980,000,000, to remain available until September 30,
2018: <<NOTE: Coordination.>> Provided, That such funds shall be
available to the Secretary of Defense in coordination with the Secretary
[[Page 131 STAT. 282]]
of State, to provide assistance, including training; equipment;
logistics support, supplies, and services; stipends; infrastructure
repair and renovation; and sustainment, to foreign security forces,
irregular forces, groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of Iraq and the
Levant, and their affiliated or associated groups: Provided further,
That these funds may be used, in such amounts as the Secretary of
Defense may determine, to enhance the border security of nations
adjacent to conflict areas, including Jordan and Lebanon, resulting from
actions of the Islamic State of Iraq and the Levant: Provided further,
That <<NOTE: Coordination. Notification.>> amounts made available under
this heading shall be available to provide assistance only for
activities in a country designated by the Secretary of Defense, in
coordination with the Secretary of State, as having a security mission
to counter the Islamic State of Iraq and the Levant, and following
written notification to the congressional defense committees of such
designation: Provided further, That the Secretary of Defense shall
ensure that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations with
terrorist groups or groups associated with the Government of Iran; and
receiving commitments from such elements to promote respect for human
rights and the rule of law: <<NOTE: Deadline. Notification.>> Provided
further, That the Secretary of Defense shall, not fewer than 15 days
prior to obligating from this appropriation account, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense may accept
and retain contributions, including assistance in-kind, from foreign
governments, including the Government of Iraq and other entities, to
carry out assistance authorized under this heading: Provided further,
That contributions of funds for the purposes provided herein from any
foreign government or other entity may be credited to this Fund, to
remain available until expended, and used for such
purposes: <<NOTE: Waiver authority. Determination. Notice.>> Provided
further, That the Secretary of Defense may waive a provision of law
relating to the acquisition of items and support services or sections 40
and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the
Secretary determines that such provision of law would prohibit,
restrict, delay or otherwise limit the provision of such assistance and
a notice of and justification for such waiver is submitted to the
congressional defense committees, the Committees on Appropriations and
Foreign Relations of the Senate and the Committees on Appropriations and
Foreign Affairs of the House of
Representatives: <<NOTE: Notification.>> Provided further, That the
United States may accept equipment procured using funds provided under
this heading, or under the heading, ``Iraq Train and Equip Fund'' in
prior Acts, that was transferred to security forces, irregular forces,
or groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and the Levant and returned by such
forces or groups to the United States, may be treated as stocks of the
Department of Defense upon written notification to the congressional
defense committees: <<NOTE: Notification. Determination.>> Provided
further, That equipment procured using funds provided under this
heading, or under the heading, ``Iraq Train and Equip Fund'' in prior
Acts, and not yet transferred to security forces, irregular forces, or
groups participating, or preparing to participate in activities to
counter the Islamic State of Iraq and the Levant may be treated as
stocks of the Department of Defense
[[Page 131 STAT. 283]]
when determined by the Secretary to no longer be required for transfer
to such forces or groups and upon written notification to the
congressional defense committees: <<NOTE: Deadlines. Reports.>>
Provided further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided under this heading, including, but not limited to, the number
of individuals trained, the nature and scope of support and sustainment
provided to each group or individual, the area of operations for each
group, and the contributions of other countries, groups, or individuals:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$313,171,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$405,317,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $395,944,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$290,670,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$1,343,010,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas
[[Page 131 STAT. 284]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$367,930,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$8,600,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $65,380,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$99,786,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$118,939,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$927,249,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 285]]
Missile Procurement, Air Force
For an additional amount for ``Missile Procurement, Air Force'',
$235,095,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $273,345,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$3,529,456,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$244,184,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
National Guard and Reserve Equipment Account
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for the
reserve components of the Armed Forces, $750,000,000, to remain
available for obligation until September 30,
2019: <<NOTE: Deadline. Assessment.>> Provided, That the Chiefs of
National Guard and Reserve components shall, not later than 30 days
after enactment of this Act, individually submit to the congressional
defense committees the modernization priority assessment for their
respective National Guard or Reserve component: Provided further, That
none of the funds made available by this paragraph may be used to
procure manned fixed wing aircraft, or procure or modify missiles,
munitions, or ammunition: Provided further, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 286]]
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $100,522,000, to remain available until September
30, 2018: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $78,323,000, to remain available until September 30,
2018: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $67,905,000, to remain available until
September 30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $159,919,000, to remain available until
September 30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$140,633,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Defense Health Program
For an additional amount for ``Defense Health Program'',
$331,764,000, which shall be for operation and maintenance: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 287]]
Drug Interdiction and Counter-Drug Activities, Defense
For an additional amount for ``Drug Interdiction and Counter-Drug
Activities, Defense'', $215,333,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Joint Improvised-Threat Defeat Fund
(including transfer of funds)
For the ``Joint Improvised-Threat Defeat Fund'', $339,472,000, to
remain available until September 30, 2019: Provided, That such funds
shall be available to the Secretary of Defense, notwithstanding any
other provision of law, for the purpose of allowing the Director of the
Joint Improvised-Threat Defeat Organization to investigate, develop and
provide equipment, supplies, services, training, facilities, personnel
and funds to assist United States forces in the defeat of improvised
explosive devices: Provided further, That the Secretary of Defense may
transfer funds provided herein to appropriations for military personnel;
operation and maintenance; procurement; research, development, test and
evaluation; and defense working capital funds to accomplish the purpose
provided herein: <<NOTE: Deadline. Notification.>> Provided further,
That this transfer authority is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That the Secretary of Defense shall, not fewer than 5 days prior to
making transfers from this appropriation, notify the congressional
defense committees in writing of the details of any such transfer:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Office of the Inspector General
For an additional amount for the ``Office of the Inspector
General'', $22,062,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 9001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2017.
(including transfer of funds)
Sec. 9002. Upon the determination of the Secretary of Defense that
such action is necessary in the national interest, the Secretary may,
with the approval of the Office of Management and Budget, transfer up to
$2,500,000,000 between the appropriations or funds made available to the
Department of Defense in this title: <<NOTE: Notification.>> Provided,
[[Page 131 STAT. 288]]
That the Secretary shall notify the Congress promptly of each transfer
made pursuant to the authority in this section: Provided further, That
the authority provided in this section is in addition to any other
transfer authority available to the Department of Defense and is subject
to the same terms and conditions as the authority provided in section
8005 of this Act.
Sec. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project funded
with appropriations available for operation and maintenance or the
``Afghanistan Security Forces Fund'' provided in this Act and executed
in direct support of overseas contingency operations in Afghanistan, may
be obligated at the time a construction contract is awarded: Provided,
That, for the purpose of this section, supervision and administration
costs and costs for design during construction include all in-house
Government costs.
Sec. 9004. From funds made available in this title, the Secretary
of Defense may purchase for use by military and civilian employees of
the Department of Defense in the United States Central Command area of
responsibility: (1) passenger motor vehicles up to a limit of $75,000
per vehicle; and (2) heavy and light armored vehicles for the physical
security of personnel or for force protection purposes up to a limit of
$450,000 per vehicle, notwithstanding price or other limitations
applicable to the purchase of passenger carrying vehicles.
Sec. 9005. Not to exceed $5,000,000 of the amounts appropriated by
this title under the heading ``Operation and Maintenance, Army'' may be
used, notwithstanding any other provision of law, to fund the
Commanders' Emergency Response Program (CERP), for the purpose of
enabling military commanders in Afghanistan to respond to urgent, small-
scale, humanitarian relief and reconstruction requirements within their
areas of responsibility: Provided, That each project (including any
ancillary or related elements in connection with such project) executed
under this authority shall not exceed $2,000,000: <<NOTE: Deadline. Time
period. Reports.>> Provided further, That not later than 45 days after
the end of each 6 months of the fiscal year, the Secretary of Defense
shall submit to the congressional defense committees a report regarding
the source of funds and the allocation and use of funds during that 6-
month period that were made available pursuant to the authority provided
in this section or under any other provision of law for the purposes
described herein: <<NOTE: Deadline. Time periods. Data. Afghanistan.>>
Provided further, That, not later than 30 days after the end of each
fiscal year quarter, the Army shall submit to the congressional defense
committees quarterly commitment, obligation, and expenditure data for
the CERP in Afghanistan: Provided further,
That, <<NOTE: Deadline. Notification.>> not less than 15 days before
making funds available pursuant to the authority provided in this
section or under any other provision of law for the purposes described
herein for a project with a total anticipated cost for completion of
$500,000 or more, the Secretary shall submit to the congressional
defense committees a written notice containing each of the following:
(1) The location, nature and purpose of the proposed
project, including how the project is intended to advance the
military campaign plan for the country in which it is to be
carried out.
(2) The budget, implementation timeline with milestones, and
completion date for the proposed project, including any
[[Page 131 STAT. 289]]
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) <<NOTE: Plan.>> A plan for the sustainment of the
proposed project, including the agreement with either the host
nation, a non-Department of Defense agency of the United States
Government or a third-party contributor to finance the
sustainment of the activities and maintenance of any equipment
or facilities to be provided through the proposed project.
Sec. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces of
the United States and coalition forces supporting military and stability
operations in Afghanistan and to counter the Islamic State of Iraq and
the Levant: <<NOTE: Deadline. Reports.>> Provided, That the Secretary
of Defense shall provide quarterly reports to the congressional defense
committees regarding support provided under this section.
Sec. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended by the
United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
Sec. 9008. None of the funds made available in this Act may be used
in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against Torture
and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at
New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and
Restructuring Act of 1998 (division G of Public Law 105-277; 112
Stat. 2681-822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in
the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law
109-148).
Sec. 9009. None of the funds provided for the ``Afghanistan
Security Forces Fund'' (ASFF) may be obligated prior to the approval of
a financial and activity plan by the Afghanistan Resources Oversight
Council (AROC) of the Department of Defense: Provided,
That <<NOTE: Plan.>> the AROC must approve the requirement and
acquisition plan for any service requirements in excess of $50,000,000
annually and any non-standard equipment requirements in excess of
$100,000,000 using ASFF: <<NOTE: Certification.>> Provided further,
That the Department of Defense must certify to the congressional defense
committees that the AROC has convened and approved a process for
ensuring compliance with the requirements in the preceding proviso and
accompanying report language for the ASFF.
[[Page 131 STAT. 290]]
Sec. 9010. Funds made available in this title to the Department of
Defense for operation and maintenance may be used to purchase items
having an investment unit cost of not more than $250,000: Provided,
That, <<NOTE: Determination.>> upon determination by the Secretary of
Defense that such action is necessary to meet the operational
requirements of a Commander of a Combatant Command engaged in
contingency operations overseas, such funds may be used to purchase
items having an investment item unit cost of not more than $500,000.
Sec. 9011. From funds made available to the Department of Defense
in this title under the heading ``Operation and Maintenance, Air
Force'', up to $60,000,000 may be used by the Secretary of Defense,
notwithstanding any other provision of law, to support United States
Government transition activities in Iraq by funding the operations and
activities of the Office of Security Cooperation in Iraq and security
assistance teams, including life support, transportation and personal
security, and facilities renovation and construction, and site closeout
activities prior to returning sites to the Government of Iraq:
Provided, That to the extent authorized under the National Defense
Authorization Act for Fiscal Year 2017, the operations and activities
that may be carried out by the Office of Security Cooperation in Iraq
may, with the concurrence of the Secretary of State, include non-
operational training activities in support of Iraqi Minister of Defense
and Counter Terrorism Service personnel in an institutional environment
to address capability gaps, integrate processes relating to
intelligence, air sovereignty, combined arms, logistics and maintenance,
and to manage and integrate defense-related
institutions: <<NOTE: Deadline. Transition plan.>> Provided further,
That not later than 30 days following the enactment of this Act, the
Secretary of Defense and the Secretary of State shall submit to the
congressional defense committees a plan for transitioning any such
training activities that they determine are needed after the end of
fiscal year 2017, to existing or new contracts for the sale of defense
articles or defense services consistent with the provisions of the Arms
Export Control Act (22 U.S.C. 2751 et
seq.): <<NOTE: Deadline. Notification.>> Provided further, That, not
less than 15 days before making funds available pursuant to the
authority provided in this section, the Secretary of Defense shall
submit to the congressional defense committees a written notice
containing a detailed justification and timeline for the operations and
activities of the Office of Security Cooperation in Iraq at each site
where such operations and activities will be conducted during fiscal
year 2017: Provided further, That amounts made available by this
section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 9012. Up to $500,000,000 of funds appropriated by this Act for
the Defense Security Cooperation Agency in ``Operation and Maintenance,
Defense-Wide'' may be used to provide assistance to the Government of
Jordan to support the armed forces of Jordan and to enhance security
along its borders.
Sec. 9013. None of the funds made available by this Act under the
heading ``Counter-ISIL Train and Equip Fund'' may be used to procure or
transfer man-portable air defense systems.
Sec. 9014. For the ``Ukraine Security Assistance Initiative'',
$150,000,000 is hereby appropriated, to remain available until September
30, 2017: <<NOTE: Coordination.>> Provided, That such funds shall be
available to the Secretary of Defense, in coordination with the
Secretary
[[Page 131 STAT. 291]]
of State, to provide assistance, including training; equipment; lethal
weapons of a defensive nature; logistics support, supplies and services;
sustainment; and intelligence support to the military and national
security forces of Ukraine, and for replacement of any weapons or
defensive articles provided to the Government of Ukraine from the
inventory of the United States: <<NOTE: Deadline. Notification.>>
Provided further, That the Secretary of Defense shall, not less than 15
days prior to obligating funds provided under this heading, notify the
congressional defense committees in writing of the details of any such
obligation: Provided further, That the United States may accept
equipment procured using funds provided under this heading in this or
prior Acts that was transferred to the security forces of Ukraine and
returned by such forces to the United States: <<NOTE: Notification.>>
Provided further, That equipment procured using funds provided under
this heading in this or prior Acts, and not yet transferred to the
military or National Security Forces of Ukraine or returned by such
forces to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That amounts made available by this
section are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Sec. 9015. Funds appropriated in this title shall be available for
replacement of funds for items provided to the Government of Ukraine
from the inventory of the United States to the extent specifically
provided for in section 9014 of this Act.
Sec. 9016. None of the funds made available by this Act under
section 9014 for ``Assistance and Sustainment to the Military and
National Security Forces of Ukraine'' may be used to procure or transfer
man-portable air defense systems.
Sec. 9017. (a) <<NOTE: Coordination. Certifications. Pakistan.>>
None of the funds appropriated or otherwise made available by this Act
under the heading ``Operation and Maintenance, Defense-Wide'' for
payments under section 1233 of Public Law 110-181 for reimbursement to
the Government of Pakistan may be made available unless the Secretary of
Defense, in coordination with the Secretary of State, certifies to the
congressional defense committees that the Government of Pakistan is--
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan's
military and intelligence agencies are not intervening extra-
judicially into political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture of
IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
[[Page 131 STAT. 292]]
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) <<NOTE: Coordination. Waiver authority.>> The Secretary of
Defense, in coordination with the Secretary of State, may waive the
restriction in subsection (a) on a case-by-case basis by certifying in
writing to the congressional defense committees that it is in the
national security interest to do so: Provided, That <<NOTE: Reports.>>
if the Secretary of Defense, in coordination with the Secretary of
State, exercises such waiver authority, the Secretaries shall report to
the congressional defense committees on both the justification for the
waiver and on the requirements of this section that the Government of
Pakistan was not able to meet: Provided further, That such report may
be submitted in classified form if necessary.
(including transfer of funds)
Sec. 9018. In addition to amounts otherwise made available in this
Act, $500,000,000 is hereby appropriated to the Department of Defense
and made available for transfer only to the operation and maintenance,
military personnel, and procurement accounts, to improve the
intelligence, surveillance, and reconnaissance capabilities of the
Department of Defense: Provided, That the transfer authority provided
in this section is in addition to any other transfer authority provided
elsewhere in this Act: <<NOTE: Deadline. Reports.>> Provided further,
That not later than 30 days prior to exercising the transfer authority
provided in this section, the Secretary of Defense shall submit a report
to the congressional defense committees on the proposed uses of these
funds: Provided further, That the funds provided in this section may
not be transferred to any program, project, or activity specifically
limited or denied by this Act: Provided further, That amounts made
available by this section are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985: Provided further, That <<NOTE: Termination date.>> the
authority to provide funding under this section shall terminate on
September 30, 2017.
Sec. 9019. None of the funds made available by this Act may be used
with respect to Syria in contravention of the War Powers Resolution (50
U.S.C. 1541 et seq.), including for the introduction of United States
armed or military forces into hostilities in Syria, into situations in
Syria where imminent involvement in hostilities is clearly indicated by
the circumstances, or into Syrian territory, airspace, or waters while
equipped for combat, in contravention of the congressional consultation
and reporting requirements of sections 3 and 4 of that law (50 U.S.C.
1542 and 1543).
Sec. 9020. None <<NOTE: Reports.>> of the funds in this Act may be
made available for the transfer of additional C-130 cargo aircraft to
the Afghanistan National Security Forces or the Afghanistan Air Force
until the Department of Defense provides a report to the congressional
defense committees of the Afghanistan Air Force's medium airlift
requirements. The report should identify Afghanistan's ability to
utilize and maintain existing medium lift aircraft in the inventory and
the best alternative platform, if necessary, to provide additional
[[Page 131 STAT. 293]]
support to the Afghanistan Air Force's current medium airlift capacity.
(rescissions)
Sec. 9021. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That such amounts are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985:
``Operation and Maintenance, Defense-Wide, DSCA Coalition
Support Fund'', 2016/2017, $300,000,000;
``Counterterrorism Partnerships Fund'', 2016/2017,
$200,000,000;
``Afghanistan Security Forces Fund'', 2016/2017,
$150,000,000; and
``Other Procurement, Air Force'', 2016/2018, $169,000,000.
(rescission)
Sec. 9022. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from the
following accounts and programs in the specified amounts: Provided,
That amounts rescinded pursuant to this section that were previously
designated by the Congress for contingency operations directly related
to the global war on terrorism pursuant to section 3(c)(2) of H. Res. 5
(112th Congress) and as an emergency requirement pursuant to section
403(a) of S. Con. Res. 13 (111th Congress) are designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985:
``Operation and Maintenance, Defense-Wide: Coalition Support
Funds'', XXXX, $11,524,000.
Sec. 9023. (a) <<NOTE: Termination date.>> The Mine Resistant
Ambush Protected Vehicle Fund provided for by section 123 of Public Law
110-92 (121 Stat. 992) is hereby terminated, effective as of the date of
the enactment of this Act.
(b) Any unobligated balances in the Mine Resistant Ambush Protected
Vehicle Fund as of the date of the enactment of this Act shall,
notwithstanding any provision of subchapter IV of chapter 15 of title
31, United States Code, or the procedures under such subchapter, be
deposited in the Treasury as miscellaneous receipts.
TITLE X
DEPARTMENT OF DEFENSE--ADDITIONAL APPROPRIATIONS
MILITARY PERSONNEL
Military Personnel, Air Force
For an additional amount for ``Military Personnel, Air Force'',
$131,375,000: Provided, That such amount is designated by the
[[Page 131 STAT. 294]]
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
Operation and Maintenance, Army
For an additional amount for ``Operation and Maintenance, Army'',
$986,754,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Operation and Maintenance, Navy
For an additional amount for ``Operation and Maintenance, Navy'',
$1,772,631,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Marine Corps
For an additional amount for ``Operation and Maintenance, Marine
Corps'', $255,250,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force
For an additional amount for ``Operation and Maintenance, Air
Force'', $1,566,272,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Defense-Wide
For an additional amount for ``Operation and Maintenance, Defense-
Wide'', $650,951,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Navy Reserve
For an additional amount for ``Operation and Maintenance, Navy
Reserve'', $3,208,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air Force Reserve
For an additional amount for ``Operation and Maintenance, Air Force
Reserve'', $115,099,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/
[[Page 131 STAT. 295]]
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Army National Guard
For an additional amount for ``Operation and Maintenance, Army
National Guard'', $87,868,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Operation and Maintenance, Air National Guard
For an additional amount for ``Operation and Maintenance, Air
National Guard'', $23,000,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
Counter-ISIL Train and Equip Fund
For an additional amount for the ``Counter-Islamic State of Iraq and
the Levant Train and Equip Fund'', $626,400,000, to remain available
until September 30, 2018: <<NOTE: Deadline. Plan.>> Provided, That
such amounts shall not be obligated or expended until 15 days after the
President submits a plan in accordance with section 10005 of this Act:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Counter-ISIL Overseas Contingency Operations Transfer Fund
(including transfer of funds)
In addition to amounts provided elsewhere in this Act, there is
appropriated $1,610,000,000, for the ``Counter-Islamic State of Iraq and
the Levant Overseas Contingency Operations Transfer Fund'', for expenses
directly relating to overseas contingency operations by United States
military forces, to remain available until expended: Provided, That of
the funds made available in this section, the Secretary of Defense may
transfer these funds only to military personnel accounts, operation and
maintenance accounts, procurement accounts, and working capital fund
accounts: <<NOTE: Deadline. President. Plan.>> Provided further, That
such amounts shall not be transferred until 15 days after the President
submits a plan in accordance with section 10005 of this Act: Provided
further, That the funds transferred shall be merged with and shall be
available for the same purposes and for the same time period, as the
appropriation to which transferred: Provided further,
That <<NOTE: Notification. Deadline.>> the Secretary shall notify the
congressional defense committees 15 days prior to such transfer or any
subsequent transfer: Provided further, That the transfer authority
provided under this heading is in addition to any other transfer
authority available to the Department of Defense: Provided further,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
[[Page 131 STAT. 296]]
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
PROCUREMENT
Aircraft Procurement, Army
For an additional amount for ``Aircraft Procurement, Army'',
$316,784,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Missile Procurement, Army
For an additional amount for ``Missile Procurement, Army'',
$579,754,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Weapons and Tracked Combat Vehicles, Army
For an additional amount for ``Procurement of Weapons and Tracked
Combat Vehicles, Army'', $61,218,000, to remain available until
September 30, 2019: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Army
For an additional amount for ``Procurement of Ammunition, Army'',
$447,685,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Other Procurement, Army
For an additional amount for ``Other Procurement, Army'',
$412,109,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Navy
For an additional amount for ``Aircraft Procurement, Navy'',
$314,257,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 297]]
Weapons Procurement, Navy
For an additional amount for ``Weapons Procurement, Navy'',
$129,000,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Navy and Marine Corps
For an additional amount for ``Procurement of Ammunition, Navy and
Marine Corps'', $103,100,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Navy
For an additional amount for ``Other Procurement, Navy'',
$151,297,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Marine Corps
For an additional amount for ``Procurement, Marine Corps'',
$212,280,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Aircraft Procurement, Air Force
For an additional amount for ``Aircraft Procurement, Air Force'',
$856,820,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Space Procurement, Air Force
For an additional amount for ``Space Procurement, Air Force'',
$19,900,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement of Ammunition, Air Force
For an additional amount for ``Procurement of Ammunition, Air
Force'', $70,000,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress
[[Page 131 STAT. 298]]
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Other Procurement, Air Force
For an additional amount for ``Other Procurement, Air Force'',
$1,335,381,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
Procurement, Defense-Wide
For an additional amount for ``Procurement, Defense-Wide'',
$510,635,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
Research, Development, Test and Evaluation, Army
For an additional amount for ``Research, Development, Test and
Evaluation, Army'', $163,134,000, to remain available until September
30, 2018: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Navy
For an additional amount for ``Research, Development, Test and
Evaluation, Navy'', $248,214,000, to remain available until September
30, 2018: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Research, Development, Test and Evaluation, Air Force
For an additional amount for ``Research, Development, Test and
Evaluation, Air Force'', $297,300,000, to remain available until
September 30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Research, Development, Test and Evaluation, Defense-Wide
For an additional amount for ``Research, Development, Test and
Evaluation, Defense-Wide'', $279,185,000, to remain available until
September 30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 299]]
Operational Test and Evaluation, Defense
For an additional amount for ``Operational Test and Evaluation,
Defense'', $2,725,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
Defense Working Capital Funds
For an additional amount for ``Defense Working Capital Funds'',
$285,681,000: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
Chemical Agents and Munitions Destruction, Defense
For an additional amount for ``Chemical Agents and Munitions
Destruction, Defense'', $127,000,000, to remain available until
September 30, 2018, shall be for research, development, test and
evaluation: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
GENERAL PROVISIONS--THIS TITLE
Sec. 10001. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Defense for fiscal year
2017: Provided, That except as otherwise explicitly provided for in
this title, such amounts shall be subject to the terms and conditions
set forth in titles VIII and IX of this division.
(including transfer of funds)
Sec. 10002. Upon <<NOTE: Determination.>> the determination of the
Secretary of Defense that such action is necessary in the national
interest, the Secretary may, with the approval of the Office of
Management and Budget, transfer up to $250,000,000 between the
appropriations or funds made available to the Department of Defense in
this title: <<NOTE: Notification.>> Provided, That the Secretary shall
notify the Congress promptly of each transfer made pursuant to the
authority in this section: Provided further, That the authority
provided in this section is in addition to any other transfer authority
available to the Department of Defense and is subject to the same terms
and conditions as the authority provided in section 8005 of the
Department of Defense Appropriations Act, 2017.
Sec. 10003. Funds appropriated by this title, or made available by
the transfer of funds in this title, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
[[Page 131 STAT. 300]]
Congress for purposes of section 504 of the National Security Act of
1947 (50 U.S.C. 414).
Sec. 10004. In addition to funds made available in section 8124 of
this division, $7,000,000 of the amounts appropriated in this Act for
``Operation and Maintenance, Navy'', may be used for any purposes
related to the National Defense Reserve Fleet established under section
11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405): Provided,
That such amounts are available for reimbursements to the Ready Reserve
Force, Maritime Administration account of the United States Department
of Transportation for programs, projects, activities, and expenses
related to the National Defense Reserve Fleet.
Sec. 10005.
(a) <<NOTE: Deadline. President. Reports. Strategy. Iraq.>> Of the
amounts appropriated in this title, $2,476,200,000 shall not be
obligated or expended until 15 days after the President provides the
appropriate committees a report on the United States strategy for the
defeat of the Islamic State of Iraq and al Sham.
(b) Such report, which may include a classified annex, shall
include, at a minimum, the following--
(1) a description of the objectives of the United States to
defeat the Islamic State of Iraq and al Sham, including the
desired end states in Iraq and Syria to achieve such objectives;
(2) a description of the roles and responsibilities of the
Department of Defense in the strategy, the regions covered by
the strategy, and the specific allies and coalition partners
required to carry out the strategy, including the expected lines
of effort of such coalition;
(3) a description of the roles and responsibilities of the
Department of State in the strategy, the diplomatic and regional
engagement necessary to achieve the objectives of the strategy,
to include plans for stabilizing territory formerly held by the
Islamic State of Iraq and al Sham;
(4) <<NOTE: Estimate.>> an estimate of the resources
required to undertake the strategy, and a description of the
plan for the use of funds provided in this Act to implement the
strategy;
(5) a description of the benchmarks to be used to measure
progress in achieving the objectives of the strategy; and
(6) <<NOTE: Assessment.>> an assessment of how the actions
of the Government of Syria and other state and non-state actors
in the region impact the ability to achieve the objectives of
the strategy.
(c) <<NOTE: Deadlines. Progress update.>> Not more than 90 days
after the initial report, and every 90 days thereafter, the Secretary of
Defense and the Secretary of State shall submit to the appropriate
congressional committees an update on the progress toward the benchmarks
established in the initial report, and if applicable, a description of
any changes to the objectives of the strategy.
(d) <<NOTE: Definition.>> For purposes of this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on Intelligence,
and the Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate.
[[Page 131 STAT. 301]]
Sec. 10006. (a) <<NOTE: Deadline. Reports. Strategy. Syria.>> Not
later than 90 days after the date of enactment of this Act, the
President shall transmit a report to the appropriate congressional
committees describing a strategy for Syria.
(b) Such report, which may include a classified annex, shall
include, at a minimum, the following--
(1) a description of the United States political and
military objectives regarding the Government of Syria;
(2) a description of United States and multilateral efforts
to address the needs of civilians affected by the conflict in
Syria, to include efforts to protect the civilian population
from the use of chemical weapons and the deliberate targeting of
civilians by the Government of Syria;
(3) a description of the efforts of the United States to
engage regional and international partners in support of such
objectives; and
(4) a description of the efforts undertaken by the relevant
agencies to achieve such objectives.
(c) <<NOTE: Definition.>> For purposes of this section, the term
``appropriate congressional committees'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
Senate.
This division may be cited as the ``Department of Defense
Appropriations Act, 2017''.
DIVISION D--ENERGY <<NOTE: Energy and Water Development and Related
Agencies Appropriations Act, 2017.>> AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
CORPS OF ENGINEERS--CIVIL
DEPARTMENT OF THE ARMY
Corps of Engineers--Civil
The following appropriations shall be expended under the direction
of the Secretary of the Army and the supervision of the Chief of
Engineers for authorized civil functions of the Department of the Army
pertaining to river and harbor, flood and storm damage reduction, shore
protection, aquatic ecosystem restoration, and related efforts.
investigations
For expenses necessary where authorized by law for the collection
and study of basic information pertaining to river and harbor, flood and
storm damage reduction, shore protection, aquatic ecosystem restoration,
and related needs; for surveys and detailed studies, and plans and
specifications of proposed river and harbor, flood and storm damage
reduction, shore protection, and aquatic ecosystem restoration projects,
and related efforts prior to construction; for restudy of authorized
projects; and for miscellaneous investigations, and, when authorized by
law, surveys and detailed
[[Page 131 STAT. 302]]
studies, and plans and specifications of projects prior to construction,
$121,000,000, to remain available until expended: Provided, That the
Secretary may initiate up to, but not more than, six new study starts
during fiscal year 2017: Provided further, That the new study starts
will consist of five studies where the majority of the benefits are
derived from navigation transportation savings or from flood and storm
damage reduction and one study where the majority of benefits are
derived from environmental restoration: Provided further, That the
Secretary shall not deviate from the new starts proposed in the work
plan, once the plan has been submitted to the Committees on
Appropriations of both Houses of Congress.
construction
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem
restoration, and related projects authorized by law; for conducting
detailed studies, and plans and specifications, of such projects
(including those involving participation by States, local governments,
or private groups) authorized or made eligible for selection by law (but
such detailed studies, and plans and specifications, shall not
constitute a commitment of the Government to construction);
$1,876,000,000, to remain available until expended; of which such sums
as are necessary to cover the Federal share of construction costs for
facilities under the Dredged Material Disposal Facilities program shall
be derived from the Harbor Maintenance Trust Fund as authorized by
Public Law 104-303; and of which such sums as are necessary to cover
one-half of the costs of construction, replacement, rehabilitation, and
expansion of inland waterways projects shall be derived from the Inland
Waterways Trust Fund, except as otherwise specifically provided for in
law: Provided, That the Secretary may initiate up to, but not more
than, six new construction starts during fiscal year 2017: Provided
further, That the new construction starts will consist of five projects
where the majority of the benefits are derived from navigation
transportation savings or from flood and storm damage reduction and one
project where the majority of the benefits are derived from
environmental restoration: <<NOTE: Deadline.>> Provided further, That
for new construction projects, project cost sharing agreements shall be
executed as soon as practicable but no later than September 30, 2017:
Provided further, That <<NOTE: Funding scenario.>> no allocation for a
new start shall be considered final and no work allowance shall be made
until the Secretary provides to the Committees on Appropriations of both
Houses of Congress an out-year funding scenario demonstrating the
affordability of the selected new starts and the impacts on other
projects: Provided further, That the Secretary may not deviate from the
new starts proposed in the work plan, once the plan has been submitted
to the Committees on Appropriations of both Houses of Congress.
mississippi river and tributaries
For expenses necessary for flood damage reduction projects and
related efforts in the Mississippi River alluvial valley below Cape
Girardeau, Missouri, as authorized by law, $362,000,000, to
[[Page 131 STAT. 303]]
remain available until expended, of which such sums as are necessary to
cover the Federal share of eligible operation and maintenance costs for
inland harbors shall be derived from the Harbor Maintenance Trust Fund.
operation and maintenance
For expenses necessary for the operation, maintenance, and care of
existing river and harbor, flood and storm damage reduction, aquatic
ecosystem restoration, and related projects authorized by law; providing
security for infrastructure owned or operated by the Corps, including
administrative buildings and laboratories; maintaining harbor channels
provided by a State, municipality, or other public agency that serve
essential navigation needs of general commerce, where authorized by law;
surveying and charting northern and northwestern lakes and connecting
waters; clearing and straightening channels; and removing obstructions
to navigation, $3,149,000,000, to remain available until expended, of
which such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels, and
for inland harbors shall be derived from the Harbor Maintenance Trust
Fund; of which such sums as become available from the special account
for the Corps of Engineers established by the Land and Water
Conservation Fund Act of 1965 shall be derived from that account for
resource protection, research, interpretation, and maintenance
activities related to resource protection in the areas at which outdoor
recreation is available; and of which such sums as become available from
fees collected under section 217 of Public Law 104-303 shall be used to
cover the cost of operation and maintenance of the dredged material
disposal facilities for which such fees have been collected: Provided,
That 1 percent of the total amount of funds provided for each of the
programs, projects, or activities funded under this heading shall not be
allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use by the
Chief of Engineers to fund such emergency activities as the Chief of
Engineers determines to be necessary and appropriate, and that the Chief
of Engineers shall allocate during the fourth quarter any remaining
funds which have not been used for emergency activities proportionally
in accordance with the amounts provided for the programs, projects, or
activities.
regulatory program
For expenses necessary for administration of laws pertaining to
regulation of navigable waters and wetlands, $200,000,000, to remain
available until September 30, 2018.
formerly utilized sites remedial action program
For expenses necessary to clean up contamination from sites in the
United States resulting from work performed as part of the Nation's
early atomic energy program, $112,000,000, to remain available until
expended.
[[Page 131 STAT. 304]]
flood control and coastal emergencies
For expenses necessary to prepare for flood, hurricane, and other
natural disasters and support emergency operations, repairs, and other
activities in response to such disasters as authorized by law,
$32,000,000, to remain available until expended.
expenses
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters of the
Corps of Engineers and the offices of the Division Engineers; and for
costs of management and operation of the Humphreys Engineer Center
Support Activity, the Institute for Water Resources, the United States
Army Engineer Research and Development Center, and the United States
Army Corps of Engineers Finance Center allocable to the civil works
program, $181,000,000, to remain available until September 30, 2018, of
which not to exceed $5,000 may be used for official reception and
representation purposes and only during the current fiscal year:
Provided, That no part of any other appropriation provided in this title
shall be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may be used to
fund the supervision and general administration of emergency operations,
repairs, and other activities in response to any flood, hurricane, or
other natural disaster.
office of the assistant secretary of the army for civil works
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $4,764,000, to remain
available until September 30, 2018: <<NOTE: Plan.>> Provided, That not
more than 75 percent of such amount may be obligated or expended until
the Assistant Secretary submits to the Committees on Appropriations of
both Houses of Congress a work plan that allocates at least 95 percent
of the additional funding provided under each heading in this title (as
designated under such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act))
to specific programs, projects, or activities.
GENERAL PROVISIONS--CORPS OF ENGINEERS--CIVIL
(including transfer of funds)
Sec. 101. (a) None of the funds provided in title I of this Act, or
provided by previous appropriations Acts to the agencies or entities
funded in title I of this Act that remain available for obligation or
expenditure in fiscal year 2017, shall be available for obligation or
expenditure through a reprogramming of funds that:
(1) creates or initiates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
[[Page 131 STAT. 305]]
by this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs (6)
through (10), unless prior approval is received from the House
and Senate Committees on Appropriations;
(6) Investigations.--For a base level over $100,000,
reprogramming of 25 percent of the base amount up to a limit of
$150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may be
reprogrammed into any continuing study or activity that did not
receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) Construction.--For a base level over $2,000,000,
reprogramming of 15 percent of the base amount up to a limit of
$3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed
conditions, or real estate deficiency judgments: Provided
further, That up to $300,000 may be reprogrammed into any
continuing study or activity that did not receive an
appropriation for existing obligations and concomitant
administrative expenses;
(8) Operation and maintenance.--Unlimited reprogramming
authority is granted for the Corps to be able to respond to
emergencies: <<NOTE: Notification.>> Provided, That the Chief
of Engineers shall notify the House and Senate Committees on
Appropriations of these emergency actions as soon thereafter as
practicable: Provided further, That for a base level over
$1,000,000, reprogramming of 15 percent of the base amount up to
a limit of $5,000,000 per project, study, or activity is
allowed: Provided further, That for a base level less than
$1,000,000, the reprogramming limit is $150,000: Provided
further, That $150,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation;
(9) <<NOTE: Applicability.>> Mississippi river and
tributaries.--The reprogramming guidelines in paragraphs (6),
(7), and (8) shall apply to the Investigations, Construction,
and Operation and Maintenance portions of the Mississippi River
and Tributaries Account, respectively; and
(10) Formerly utilized sites remedial action program.--
Reprogramming of up to 15 percent of the base of the receiving
project is permitted.
(b) De Minimus Reprogrammings.--In no case should a reprogramming
for less than $50,000 be submitted to the House and Senate Committees on
Appropriations.
(c) Continuing Authorities Program.--Subsection (a)(1) shall not
apply to any project or activity funded under the continuing authorities
program.
(d) <<NOTE: Deadline. Reports.>> Not later than 60 days after the
date of enactment of this Act, the Secretary shall submit a report to
the House and Senate Committees on Appropriations to establish the
baseline
[[Page 131 STAT. 306]]
for application of reprogramming and transfer authorities for the
current fiscal year which shall include:
(1) A table for each appropriation with a separate column to
display the President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if applicable,
and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed in
the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
Sec. 102. The Secretary shall allocate funds made available in this
Act solely in accordance with the provisions of this Act and the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), including the determination and
designation of new starts.
Sec. 103. None of the funds made available in this title may be
used to award or modify any contract that commits funds beyond the
amounts appropriated for that program, project, or activity that remain
unobligated, except that such amounts may include any funds that have
been made available through reprogramming pursuant to section 101.
Sec. 104. The Secretary of the Army may transfer to the Fish and
Wildlife Service, and the Fish and Wildlife Service may accept and
expend, up to $5,400,000 of funds provided in this title under the
heading ``Operation and Maintenance'' to mitigate for fisheries lost due
to Corps of Engineers projects.
Sec. 105. None of the funds in this Act shall be used for an open
lake placement alternative for dredged material, after evaluating the
least costly, environmentally acceptable manner for the disposal or
management of dredged material originating from Lake Erie or tributaries
thereto, unless it is approved under a State water quality certification
pursuant to section 401 of the Federal Water Pollution Control Act (33
U.S.C. 1341); Provided further, That until an open lake placement
alternative for dredged material is approved under a State water quality
certification, the Corps of Engineers shall continue upland placement of
such dredged material consistent with the requirements of section 101 of
the Water Resources Development Act of 1986 (33 U.S.C. 2211).
Sec. 106. None of the funds made available in this title may be
used for any acquisition that is not consistent with 48 CFR 225.7007.
Sec. 107. None of the funds made available by this Act may be used
to carry out any water supply reallocation study under the Wolf Creek
Dam, Lake Cumberland, Kentucky, project authorized under the Act of July
24, 1946 (60 Stat. 636, ch. 595).
Sec. 108. None of the funds made available in this or any other Act
making appropriations for Energy and Water Development for any fiscal
year may be used by the Corps of Engineers during the fiscal year ending
September 30, 2017, to develop, adopt, implement, administer, or enforce
any change to the regulations in effect on October 1, 2012, pertaining
to the definitions of the terms ``fill material'' or ``discharge of fill
material'' for the purposes of the Federal Water Pollution Control Act
(33 U.S.C. 1251 et seq.).
Sec. 109. None of the funds made available by this Act may be used
to require a permit for the discharge of dredged or fill
[[Page 131 STAT. 307]]
material under the Federal Water Pollution Control Act (33 U.S.C. 1251
et seq.) for the activities identified in subparagraphs (A) and (C) of
section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
TITLE II
DEPARTMENT OF THE INTERIOR
Central Utah Project
central utah project completion account
For carrying out activities authorized by the Central Utah Project
Completion Act, $10,500,000, to remain available until expended, of
which $1,300,000 shall be deposited into the Utah Reclamation Mitigation
and Conservation Account for use by the Utah Reclamation Mitigation and
Conservation Commission: Provided, That of the amount provided under
this heading, $1,350,000 shall be available until September 30, 2018,
for expenses necessary in carrying out related responsibilities of the
Secretary of the Interior: Provided further, That for fiscal year 2017,
of the amount made available to the Commission under this Act or any
other Act, the Commission may use an amount not to exceed $1,500,000 for
administrative expenses.
Bureau of Reclamation
The following appropriations shall be expended to execute authorized
functions of the Bureau of Reclamation:
water and related resources
(including transfers of funds)
For management, development, and restoration of water and related
natural resources and for related activities, including the operation,
maintenance, and rehabilitation of reclamation and other facilities,
participation in fulfilling related Federal responsibilities to Native
Americans, and related grants to, and cooperative and other agreements
with, State and local governments, federally recognized Indian tribes,
and others, $1,155,894,000, to remain available until expended, of which
$22,000 shall be available for transfer to the Upper Colorado River
Basin Fund and $5,551,000 shall be available for transfer to the Lower
Colorado River Basin Development Fund; of which such amounts as may be
necessary may be advanced to the Colorado River Dam Fund: Provided,
That such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the total
appropriated, the amount for program activities that can be financed by
the Reclamation Fund or the Bureau of Reclamation special fee account
established by 16 U.S.C. 6806 shall be derived from that Fund or
account: Provided further, That funds contributed under 43 U.S.C. 395
are available until expended for the purposes for which the funds were
contributed: Provided further, That funds advanced under 43 U.S.C. 397a
shall be credited to this account and are available until expended for
the same purposes as the sums appropriated under this heading: Provided
further, That of
[[Page 131 STAT. 308]]
the amounts provided herein, funds may be used for high-priority
projects which shall be carried out by the Youth Conservation Corps, as
authorized by 16 U.S.C. 1706.
central valley project restoration fund
For carrying out the programs, projects, plans, habitat restoration,
improvement, and acquisition provisions of the Central Valley Project
Improvement Act, $55,606,000, to be derived from such sums as may be
collected in the Central Valley Project Restoration Fund pursuant to
sections 3407(d), 3404(c)(3), and 3405(f) of Public Law 102-575, to
remain available until expended: Provided, That the Bureau of
Reclamation is directed to assess and collect the full amount of the
additional mitigation and restoration payments authorized by section
3407(d) of Public Law 102-575: Provided further, That none of the funds
made available under this heading may be used for the acquisition or
leasing of water for in-stream purposes if the water is already
committed to in-stream purposes by a court adopted decree or order.
california bay-delta restoration
(including transfers of funds)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with plans to
be approved by the Secretary of the Interior, $36,000,000, to remain
available until expended, of which such amounts as may be necessary to
carry out such activities may be transferred to appropriate accounts of
other participating Federal agencies to carry out authorized purposes:
Provided, That funds appropriated herein may be used for the Federal
share of the costs of CALFED Program management: Provided further, That
CALFED implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
policy and administration
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office, and
offices in the five regions of the Bureau of Reclamation, to remain
available until September 30, 2018, $59,000,000, to be derived from the
Reclamation Fund and be nonreimbursable as provided in 43 U.S.C. 377:
Provided, That no part of any other appropriation in this Act shall be
available for activities or functions budgeted as policy and
administration expenses.
administrative provision
Appropriations for the Bureau of Reclamation shall be available for
purchase of not to exceed five passenger motor vehicles, which are for
replacement only.
GENERAL PROVISIONS--DEPARTMENT OF THE INTERIOR
Sec. 201. (a) None of the funds provided in title II of this Act for
Water and Related Resources, or provided by previous
[[Page 131 STAT. 309]]
or subsequent appropriations Acts to the agencies or entities funded in
title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2017, shall be
available for obligation or expenditure through a reprogramming of funds
that--
(1) initiates or creates a new program, project, or
activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity for
which funds are not provided in this Act, unless prior approval
is received from the Committees on Appropriations of the House
of Representatives and the Senate;
(5) transfers funds in excess of the following limits,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the
beginning of the fiscal year; or
(B) $400,000 for any program, project or activity
for which less than $2,000,000 is available at the
beginning of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program,
project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal
obligations of the Bureau of Reclamation, more than $5,000,000
to provide adequate funds for settled contractor claims,
increased contractor earnings due to accelerated rates of
operations, and real estate deficiency judgments, unless prior
approval is received from the Committees on Appropriations of
the House of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) <<NOTE: Definition.>> For purposes of this section, the term
transfer means any movement of funds into or out of a program, project,
or activity.
(d) <<NOTE: Reports. Deadlines.>> The Bureau of Reclamation shall
submit reports on a quarterly basis to the Committees on Appropriations
of the House of Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories of
funding. The first quarterly report shall be submitted not later than 60
days after the date of enactment of this Act.
Sec. 202. (a) <<NOTE: Plan. California.>> None of the funds
appropriated or otherwise made available by this Act may be used to
determine the final point of discharge for the interceptor drain for the
San Luis Unit until development by the Secretary of the Interior and the
State of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of
the Environmental Protection Agency, to minimize any detrimental effect
of the San Luis drainage waters.
[[Page 131 STAT. 310]]
(b) The costs of the Kesterson Reservoir Cleanup Program and the
costs of the San Joaquin Valley Drainage Program shall be classified by
the Secretary of the Interior as reimbursable or nonreimbursable and
collected until fully repaid pursuant to the ``Cleanup Program--
Alternative Repayment Plan'' and the ``SJVDP--Alternative Repayment
Plan'' described in the report entitled ``Repayment Report, Kesterson
Reservoir Cleanup Program and San Joaquin Valley Drainage Program,
February 1995'', prepared by the Department of the Interior, Bureau of
Reclamation. Any future <<NOTE: Reimbursement.>> obligations of funds
by the United States relating to, or providing for, drainage service or
drainage studies for the San Luis Unit shall be fully reimbursable by
San Luis Unit beneficiaries of such service or studies pursuant to
Federal reclamation law.
Sec. 203. Section 205(2) of division D of Public Law 114-113
is <<NOTE: 129 Stat. 2407.>> amended by striking ``2016'' and inserting
``2017''.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
Energy Efficiency and Renewable Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for energy efficiency and renewable energy activities
in carrying out the purposes of the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility
acquisition, construction, or expansion, $2,090,200,000, to remain
available until expended: Provided, That of such amount, $153,500,000
shall be available until September 30, 2018, for program direction.
Electricity Delivery and Energy Reliability
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for electricity delivery and energy reliability
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $230,000,000, to
remain available until expended: Provided, That of such amount,
$28,500,000 shall be available until September 30, 2018, for program
direction.
Nuclear Energy
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for nuclear energy activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et
seq.), including the acquisition or condemnation of any real property or
any facility or for plant or facility acquisition, construction, or
expansion and the purchase of no more than three emergency service
vehicles for replacement only, $1,016,616,000,
[[Page 131 STAT. 311]]
to remain available until expended: Provided, That of such amount,
$80,000,000 shall be available until September 30, 2018, for program
direction.
Fossil Energy Research and Development
For Department of Energy expenses necessary in carrying out fossil
energy research and development activities, under the authority of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition of interest, including defeasible and
equitable interests in any real property or any facility or for plant or
facility acquisition or expansion, and for conducting inquiries,
technological investigations and research concerning the extraction,
processing, use, and disposal of mineral substances without
objectionable social and environmental costs (30 U.S.C. 3, 1602, and
1603), $618,000,000, to remain available until expended: Provided, That
of such amount $60,000,000 shall be available until September 30, 2018,
for program direction: Provided further, That in addition, $50,000,000,
to remain available until expended, shall be for the transformational
coal technologies pilot program described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Naval Petroleum and Oil Shale Reserves
For Department of Energy expenses necessary to carry out naval
petroleum and oil shale reserve activities, $14,950,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, unobligated funds remaining from prior years shall be
available for all naval petroleum and oil shale reserve activities.
Strategic Petroleum Reserve
For Department of Energy expenses necessary for Strategic Petroleum
Reserve facility development and operations and program management
activities pursuant to the Energy Policy and Conservation Act (42 U.S.C.
6201 et seq.), $223,000,000, to remain available until expended:
Provided, That the proceeds from the drawdown and sale under section 159
of the Continuing Appropriations Act, 2017 (division C of Public Law
114-223), as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254), which have been or will
be deposited into the ``Energy Security and Infrastructure Modernization
Fund'' during fiscal year 2017 shall be made available and shall remain
available until expended for necessary expenses in carrying out the Life
Extension II project for the Strategic Petroleum Reserve.
Northeast Home Heating Oil Reserve
For Department of Energy expenses necessary for Northeast Home
Heating Oil Reserve storage, operation, and management activities
pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et
seq.), $6,500,000, to remain available until expended.
[[Page 131 STAT. 312]]
Energy Information Administration
For Department of Energy expenses necessary in carrying out the
activities of the Energy Information Administration, $122,000,000, to
remain available until expended.
Non-Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for non-defense environmental cleanup activities in
carrying out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation of
any real property or any facility or for plant or facility acquisition,
construction, or expansion, $247,000,000, to remain available until
expended.
Uranium Enrichment Decontamination and Decommissioning Fund
For Department of Energy expenses necessary in carrying out uranium
enrichment facility decontamination and decommissioning, remedial
actions, and other activities of title II of the Atomic Energy Act of
1954, and title X, subtitle A, of the Energy Policy Act of 1992,
$768,000,000, to be derived from the Uranium Enrichment Decontamination
and Decommissioning Fund, to remain available until expended, of which
$30,000,000 shall be available in accordance with title X, subtitle A,
of the Energy Policy Act of 1992.
Science
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and other
expenses necessary for science activities in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or
facility or for plant or facility acquisition, construction, or
expansion, and purchase of not more than 17 passenger motor vehicles for
replacement only, including one ambulance and one bus, $5,392,000,000,
to remain available until expended: Provided, That of such amount,
$182,000,000 shall be available until September 30, 2018, for program
direction: Provided further, That of such amount, $50,000,000 shall be
available for the ongoing in-kind contributions provided by facilities
located in the United States to the ITER project and related support
activities carried out by such facilities for the ITER project and,
subject to the notification requirement in section 301(e) of this Act,
up to an additional $50,000,000 of such amount may be made available for
in-kind contributions and related support activities of ITER.
Advanced Research Projects Agency--Energy
For Department of Energy expenses necessary in carrying out the
activities authorized by section 5012 of the America COMPETES Act
(Public Law 110-69), $306,000,000, to remain available until expended:
Provided, That of such amount, $29,250,000 shall be available until
September 30, 2018, for program direction.
[[Page 131 STAT. 313]]
Title 17 Innovative Technology Loan Guarantee Program
Such sums as are derived from amounts received from borrowers
pursuant to section 1702(b) of the Energy Policy Act of 2005 under this
heading in prior Acts, shall be collected in accordance with section
502(7) of the Congressional Budget Act of 1974: Provided, That for
necessary administrative expenses to carry out this Loan Guarantee
program, $37,000,000 is appropriated from fees collected in prior years
pursuant to section 1702(h) of the Energy Policy Act of 2005 which are
not otherwise appropriated, to remain available until September 30,
2018: Provided further, That if the amount in the previous proviso is
not available from such fees, an amount for such purposes is also
appropriated from the general fund so as to result in a total amount
appropriated for such purpose of no more than $37,000,000: Provided
further, That fees collected pursuant to such section 1702(h) for fiscal
year 2017 shall be credited as offsetting collections under this heading
and shall not be available until appropriated: Provided further, That
the Department of Energy shall not subordinate any loan obligation to
other financing in violation of section 1702 of the Energy Policy Act of
2005 or subordinate any Guaranteed Obligation to any loan or other debt
obligations in violation of section 609.10 of title 10, Code of Federal
Regulations.
Advanced Technology Vehicles Manufacturing Loan Program
For Department of Energy administrative expenses necessary in
carrying out the Advanced Technology Vehicles Manufacturing Loan
Program, $5,000,000, to remain available until September 30, 2018.
Tribal Energy Loan Guarantee Program
(including rescission of funds)
For the cost of loan guarantees provided under section 2602(c) of
the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $8,500,000, to remain
available until expended: Provided, That the cost of those loan
guarantees (including the costs of modifying loans, as applicable) shall
be determined in accordance with section 502 of the Congressional Budget
Act of 1974 (2 U.S.C. 661a): Provided further, That, for necessary
administrative expenses to carry out that program, $500,000 is
appropriated, to remain available until expended: Provided further,
That, of the subsidy amounts provided by section 1425 of the Department
of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law
112-10; 125 Stat. 126), for the cost of loan guarantees for renewable
energy or efficient end-use energy technologies under section 1703 of
the Energy Policy Act of 2005 (42 U.S.C. 16513), $9,000,000 is hereby
rescinded.
Departmental Administration
For salaries and expenses of the Department of Energy necessary for
departmental administration in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
$246,000,000, to remain available until September 30, 2018, including
the hire of passenger motor vehicles and official
[[Page 131 STAT. 314]]
reception and representation expenses not to exceed $30,000, plus such
additional amounts as necessary to cover increases in the estimated
amount of cost of work for others notwithstanding the provisions of the
Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such
increases in cost of work are offset by revenue increases of the same or
greater amount: Provided further, That moneys received by the
Department for miscellaneous revenues estimated to total $103,000,000 in
fiscal year 2017 may be retained and used for operating expenses within
this account, as authorized by section 201 of Public Law 95-238,
notwithstanding the provisions of 31 U.S.C. 3302: Provided further,
That the sum herein appropriated shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2017 appropriation from the general fund estimated at not more than
$143,000,000: Provided further, That the amount made available in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) for the Office of Indian Energy
Policy and Program shall remain available until September 30, 2022.
Office of the Inspector General
For expenses necessary for the Office of the Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$44,424,000, to remain available until September 30, 2018.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
Weapons Activities
(including rescissions of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for atomic energy defense weapons
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $9,318,093,000, to
remain available until expended: Provided, That of such amount,
$97,118,000 shall be available until September 30, 2018, for program
direction: Provided further, That of the unobligated balances from
prior year appropriations available under this heading, $8,400,000 is
hereby rescinded: Provided further, That of the unobligated balances
from prior year appropriations available under this heading that were
apportioned in Category C (defined in section 120 of Office of
Management and Budget Circular No. A-11), $64,126,000 is hereby
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 315]]
Defense Nuclear Nonproliferation
(including rescission of funds)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
incidental expenses necessary for defense nuclear nonproliferation
activities, in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition or
condemnation of any real property or any facility or for plant or
facility acquisition, construction, or expansion, $1,902,000,000, to
remain available until expended: Provided, That of the unobligated
balances from prior year appropriations available under this heading
that were apportioned in Category C (defined in section 120 of Office of
Management and Budget Circular No. A-11), $19,128,000 is hereby
rescinded: Provided further, That no amounts may be rescinded from
amounts that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Naval Reactors
(including transfer and rescission of funds)
For Department of Energy expenses necessary for naval reactors
activities to carry out the Department of Energy Organization Act (42
U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant, and
capital equipment, facilities, and facility expansion, $1,420,120,000,
to remain available until expended, of which, $75,100,000 shall be
transferred to ``Department of Energy--Energy Programs--Nuclear
Energy'', for the Advanced Test Reactor: Provided, That of the amount
provided under this heading, $44,100,000 shall be available until
September 30, 2018, for program direction: Provided further, That of
the unobligated balances from prior year appropriations available under
this heading that were apportioned in Category C (defined in section 120
of Office of Management and Budget Circular No. A-11), $307,000 is
hereby rescinded: Provided further, That no amounts may be rescinded
from amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget or the
Balanced Budget and Emergency Deficit Control Act of 1985.
Federal Salaries and Expenses
For expenses necessary for Federal Salaries and Expenses in the
National Nuclear Security Administration, $390,000,000, to remain
available until September 30, 2018, including official reception and
representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
Defense Environmental Cleanup
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses necessary for atomic energy defense environmental
[[Page 131 STAT. 316]]
cleanup activities in carrying out the purposes of the Department of
Energy Organization Act (42 U.S.C. 7101 et seq.), including the
acquisition or condemnation of any real property or any facility or for
plant or facility acquisition, construction, or expansion, and the
purchase of not to exceed one fire apparatus pumper truck, one aerial
lift truck, one refuse truck, and one semi-truck for replacement only,
$5,405,000,000, to remain available until expended: Provided, That of
such amount, $290,050,000 shall be available until September 30, 2018,
for program direction: Provided further, That of the amount provided
under this heading, $26,800,000 shall be available for the purpose of a
payment by the Secretary of Energy to the State of New Mexico for road
improvements in accordance with section 15(b) of the Waste Isolation
Pilot Plant Land Withdrawal Act (Public Law 102-579): Provided further,
That the amount made available by the previous proviso shall be separate
from any appropriations of funds for the Waste Isolation Pilot Plant.
Defense Uranium Enrichment Decontamination and Decommissioning
(including transfer of funds)
For an additional amount for atomic energy defense environmental
cleanup activities for Department of Energy contributions for uranium
enrichment decontamination and decommissioning activities, $563,000,000,
to be deposited into the Defense Environmental Cleanup account which
shall be transferred to the ``Uranium Enrichment Decontamination and
Decommissioning Fund''.
Other Defense Activities
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and other
expenses, necessary for atomic energy defense, other defense activities,
and classified activities, in carrying out the purposes of the
Department of Energy Organization Act (42 U.S.C. 7101 et seq.),
including the acquisition or condemnation of any real property or any
facility or for plant or facility acquisition, construction, or
expansion, $784,000,000, to remain available until expended: Provided,
That of such amount, $254,230,000 shall be available until September 30,
2018, for program direction.
POWER MARKETING ADMINISTRATIONS
Bonneville Power Administration Fund
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93-454, are approved for official
reception and representation expenses in an amount not to exceed $5,000:
Provided, That during fiscal year 2017, no new direct loan obligations
may be made.
Operation and Maintenance, Southeastern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
[[Page 131 STAT. 317]]
including transmission wheeling and ancillary services, pursuant to
section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), as applied
to the southeastern power area, $1,000,000, including official reception
and representation expenses in an amount not to exceed $1,500, to remain
available until expended: Provided, That notwithstanding 31 U.S.C. 3302
and section 5 of the Flood Control Act of 1944, up to $1,000,000
collected by the Southeastern Power Administration from the sale of
power and related services shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the Southeastern
Power Administration: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2017 appropriation estimated at not more than $0: Provided further,
That notwithstanding 31 U.S.C. 3302, up to $60,760,000 collected by the
Southeastern Power Administration pursuant to the Flood Control Act of
1944 to recover purchase power and wheeling expenses shall be credited
to this account as offsetting collections, to remain available until
expended for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this
appropriation, annual expenses means expenditures that are generally
recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
Operation and Maintenance, Southwestern Power Administration
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy, for
construction and acquisition of transmission lines, substations and
appurtenant facilities, and for administrative expenses, including
official reception and representation expenses in an amount not to
exceed $1,500 in carrying out section 5 of the Flood Control Act of 1944
(16 U.S.C. 825s), as applied to the Southwestern Power Administration,
$45,643,000, to remain available until expended: Provided, That
notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), up to $34,586,000 collected by the Southwestern
Power Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections, to
remain available until expended, for the sole purpose of funding the
annual expenses of the Southwestern Power Administration: Provided
further, That the sum herein appropriated for annual expenses shall be
reduced as collections are received during the fiscal year so as to
result in a final fiscal year 2017 appropriation estimated at not more
than $11,057,000: Provided further, That notwithstanding 31 U.S.C.
3302, up to $73,000,000 collected by the Southwestern Power
Administration pursuant to the Flood Control Act of 1944 to recover
purchase power and wheeling expenses shall be credited to this account
as offsetting collections, to remain available until expended for the
sole purpose of making purchase power and wheeling expenditures:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the same
year that they are incurred (excluding purchase power and wheeling
expenses).
[[Page 131 STAT. 318]]
Construction, Rehabilitation, Operation and Maintenance, Western Area
Power Administration
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and other
related activities including conservation and renewable resources
programs as authorized, $273,144,000, including official reception and
representation expenses in an amount not to exceed $1,500, to remain
available until expended, of which $265,742,000 shall be derived from
the Department of the Interior Reclamation Fund: Provided, That
notwithstanding 31 U.S.C. 3302, section 5 of the Flood Control Act of
1944 (16 U.S.C. 825s), and section 1 of the Interior Department
Appropriation Act, 1939 (43 U.S.C. 392a), up to $177,563,000 collected
by the Western Area Power Administration from the sale of power and
related services shall be credited to this account as discretionary
offsetting collections, to remain available until expended, for the sole
purpose of funding the annual expenses of the Western Area Power
Administration: Provided further, That the sum herein appropriated for
annual expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2017 appropriation
estimated at not more than $95,581,000, of which $88,179,000 is derived
from the Reclamation Fund: Provided further, That notwithstanding 31
U.S.C. 3302, up to $367,009,000 collected by the Western Area Power
Administration pursuant to the Flood Control Act of 1944 and the
Reclamation Project Act of 1939 to recover purchase power and wheeling
expenses shall be credited to this account as offsetting collections, to
remain available until expended for the sole purpose of making purchase
power and wheeling expenditures: Provided further, That for purposes of
this appropriation, annual expenses means expenditures that are
generally recovered in the same year that they are incurred (excluding
purchase power and wheeling expenses).
Falcon and Amistad Operating and Maintenance Fund
For operation, maintenance, and emergency costs for the
hydroelectric facilities at the Falcon and Amistad Dams, $4,070,000, to
remain available until expended, and to be derived from the Falcon and
Amistad Operating and Maintenance Fund of the Western Area Power
Administration, as provided in section 2 of the Act of June 18, 1954 (68
Stat. 255): Provided, That notwithstanding the provisions of that Act
and of 31 U.S.C. 3302, up to $3,838,000 collected by the Western Area
Power Administration from the sale of power and related services from
the Falcon and Amistad Dams shall be credited to this account as
discretionary offsetting collections, to remain available until expended
for the sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections are
received during the fiscal year so as to result in a final fiscal year
2017 appropriation estimated at not more than $232,000: Provided
further, That for purposes of this appropriation, annual expenses means
expenditures that are generally recovered in the same year that they are
incurred: Provided further, That for fiscal year 2017, the
Administrator of the Western Area Power Administration may accept up to
$323,000 in funds contributed by United
[[Page 131 STAT. 319]]
States power customers of the Falcon and Amistad Dams for deposit into
the Falcon and Amistad Operating and Maintenance Fund, and such funds
shall be available for the purpose for which contributed in like manner
as if said sums had been specifically appropriated for such purpose:
Provided further, That any such funds shall be available without further
appropriation and without fiscal year limitation for use by the
Commissioner of the United States Section of the International Boundary
and Water Commission for the sole purpose of operating, maintaining,
repairing, rehabilitating, replacing, or upgrading the hydroelectric
facilities at these Dams in accordance with agreements reached between
the Administrator, Commissioner, and the power customers.
Federal Energy Regulatory Commission
salaries and expenses
For expenses necessary for the Federal Energy Regulatory Commission
to carry out the provisions of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including services as authorized by 5 U.S.C.
3109, official reception and representation expenses not to exceed
$3,000, and the hire of passenger motor vehicles, $346,800,000, to
remain available until expended: Provided, That <<NOTE: 42 USC 7171
note.>> notwithstanding any other provision of law, not to exceed
$346,800,000 of revenues from fees and annual charges, and other
services and collections in fiscal year 2017 shall be retained and used
for expenses necessary in this account, and shall remain available until
expended: Provided further, That the sum herein appropriated from the
general fund shall be reduced as revenues are received during fiscal
year 2017 so as to result in a final fiscal year 2017 appropriation from
the general fund estimated at not more than $0.
GENERAL PROVISIONS--DEPARTMENT OF ENERGY
(including transfer and rescissions of funds)
Sec. 301. (a) No appropriation, funds, or authority made available
by this title for the Department of Energy shall be used to initiate or
resume any program, project, or activity or to prepare or initiate
Requests For Proposals or similar arrangements (including Requests for
Quotations, Requests for Information, and Funding Opportunity
Announcements) for a program, project, or activity if the program,
project, or activity has not been funded by Congress.
(b)(1) <<NOTE: Notifications. Deadlines. Grants. Contracts. Public
information.>> Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title may be
used to--
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction
Agreement totaling $1,000,000 or more, including a contract
covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or (B);
or
[[Page 131 STAT. 320]]
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph (A)
or (B).
(2) <<NOTE: Deadlines. Reports.>> The Secretary of Energy shall
submit to the Committees on Appropriations of both Houses of Congress
within 15 days of the conclusion of each quarter a report detailing each
grant allocation or discretionary grant award totaling less than
$1,000,000 provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award, the
amount of the award, the fiscal year for which the funds for the award
were appropriated, the account and program, project, or activity from
which the funds are being drawn, the title of the award, and a brief
description of the activity for which the award is made.
(c) The Department of Energy may not, with respect to any program,
project, or activity that uses budget authority made available in this
title under the heading ``Department of Energy--Energy Programs'', enter
into a multiyear contract, award a multiyear grant, or enter into a
multiyear cooperative agreement unless--
(1) <<NOTE: Contracts.>> the contract, grant, or
cooperative agreement is funded for the full period of
performance as anticipated at the time of award; or
(2) the contract, grant, or cooperative agreement includes a
clause conditioning the Federal Government's obligation on the
availability of future year budget authority and the Secretary
notifies the Committees on Appropriations of both Houses of
Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the amounts
made available by this title shall be expended as authorized by law for
the programs, projects, and activities specified in the ``Final Bill''
column in the ``Department of Energy'' table included under the heading
``Title III--Department of Energy'' in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
(e) The amounts made available by this title may be reprogrammed for
any program, project, or activity, and the Department shall notify the
Committees on Appropriations of both Houses of Congress at least 30 days
prior to the use of any proposed reprogramming that would cause any
program, project, or activity funding level to increase or decrease by
more than $5,000,000 or 10 percent, whichever is less, during the time
period covered by this Act.
(f) None of the funds provided in this title shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a
specific program, project, or activity by this Act.
(g)(1) <<NOTE: Waiver authority.>> The Secretary of Energy may
waive any requirement or restriction in this section that applies to the
use of funds made available for the Department of Energy if compliance
with such
[[Page 131 STAT. 321]]
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver.
(h) The unexpended balances of prior appropriations provided for
activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title.
Available balances may be merged with funds in the applicable
established accounts and thereafter may be accounted for as one fund for
the same time period as originally enacted.
Sec. 302. Funds appropriated by this or any other Act, or made
available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2017 until the enactment of the Intelligence
Authorization Act for fiscal year 2017.
Sec. 303. None of the funds made available in this title shall be
used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is
conducted by the Office of Enterprise Assessments to ensure the project
is in compliance with nuclear safety requirements.
Sec. 304. None <<NOTE: Cost estimate.>> of the funds made
available in this title may be used to approve critical decision-2 or
critical decision-3 under Department of Energy Order 413.3B, or any
successive departmental guidance, for construction projects where the
total project cost exceeds $100,000,000, until a separate independent
cost estimate has been developed for the project for that critical
decision.
Sec. 305. (a) <<NOTE: Contracts. Russia.>> None of the funds made
available in this or any prior Act under the heading ``Defense Nuclear
Nonproliferation'' may be made available to enter into new contracts
with, or new agreements for Federal assistance to, the Russian
Federation.
(b) <<NOTE: Waiver authority. Determination.>> The Secretary of
Energy may waive the prohibition in subsection (a) if the Secretary
determines that such activity is in the national security interests of
the United States. This waiver authority may not be delegated.
(c) <<NOTE: Reports. Effective date.>> A waiver under subsection
(b) shall not be effective until 15 days after the date on which the
Secretary submits to the Committees on Appropriations of both Houses of
Congress, in classified form if necessary, a report on the justification
for the waiver.
Sec. 306. (a) <<NOTE: Budget.>> New Regional Reserves.--The
Secretary of Energy may not establish any new regional petroleum product
reserve unless funding for the proposed regional petroleum product
reserve is explicitly requested in advance in an annual budget
submission and approved by the Congress in an appropriations Act.
(b) The budget request or notification shall include--
(1) the justification for the new reserve;
(2) <<NOTE: Cost estimate.>> a cost estimate for the
establishment, operation, and maintenance of the reserve,
including funding sources;
(3) <<NOTE: Plan.>> a detailed plan for operation of the
reserve, including the conditions upon which the products may be
released;
(4) the location of the reserve; and
[[Page 131 STAT. 322]]
(5) <<NOTE: Estimate.>> the estimate of the total inventory
of the reserve.
Sec. 307. (a) Of the unobligated balances available from amounts
appropriated in the accounts and from the fiscal years specified in the
``Final Bill'' column in the ``Department of Energy--Sec. 307.'' table
included under the heading ``Title III--Department of Energy'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act), $94,803,000 is hereby rescinded.
(b) No amounts may be rescinded under subsection (a) from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985.
Sec. 308. (a) From unobligated balances available from amounts
appropriated in prior fiscal years for ``Department of Energy--Energy
Programs--Fossil Energy Research and Development'', $240,000,000 is
hereby rescinded.
(b) No amounts may be rescinded by this section from amounts that
were designated by the Congress as an emergency requirement pursuant to
a concurrent resolution on the budget or the Balanced Budget and
Emergency Deficit Control Act of 1985.
Sec. 309. Not to exceed $2,000,000, in aggregate, of the amounts
made available by this title may be made available for project
engineering and design of the Consolidated Emergency Operations Center.
TITLE IV
INDEPENDENT AGENCIES
Appalachian Regional Commission
For expenses necessary to carry out the programs authorized by the
Appalachian Regional Development Act of 1965, and for expenses necessary
for the Federal Co-Chairman and the Alternate on the Appalachian
Regional Commission, for payment of the Federal share of the
administrative expenses of the Commission, including services as
authorized by 5 U.S.C. 3109, and hire of passenger motor vehicles,
$152,000,000, to remain available until expended.
Defense Nuclear Facilities Safety Board
salaries and expenses
For expenses necessary for the Defense Nuclear Facilities Safety
Board in carrying out activities authorized by the Atomic Energy Act of
1954, as amended by Public Law 100-456, section 1441, $30,872,000, to
remain available until September 30, 2018.
Delta Regional Authority
salaries and expenses
For expenses necessary for the Delta Regional Authority and to carry
out its activities, as authorized by the Delta Regional Authority Act of
2000, notwithstanding sections 382C(b)(2), 382F(d),
[[Page 131 STAT. 323]]
382M, and 382N of said Act, $25,000,000, to remain available until
expended.
Denali Commission
For expenses necessary for the Denali Commission including the
purchase, construction, and acquisition of plant and capital equipment
as necessary and other expenses, $15,000,000, to remain available until
expended, notwithstanding the limitations contained in section 306(g) of
the Denali Commission Act of 1998: Provided, That funds shall be
available for construction projects in an amount not to exceed 80
percent of total project cost for distressed communities, as defined by
section 307 of the Denali Commission Act of 1998 (division C, title III,
Public Law 105-277), as amended by section 701 of appendix D, title VII,
Public Law 106-113 (113 Stat. 1501A-280), and an amount not to exceed 50
percent for non-distressed communities: Provided further, That,
notwithstanding any other provision of law regarding payment of a non-
Federal share in connection with a grant-in-aid program, amounts under
this heading shall be available for the payment of such a non-Federal
share for programs undertaken to carry out the purposes of the
Commission.
Northern Border Regional Commission
For expenses necessary for the Northern Border Regional Commission
in carrying out activities authorized by subtitle V of title 40, United
States Code, $10,000,000, to remain available until expended: Provided,
That such amounts shall be available for administrative expenses,
notwithstanding section 15751(b) of title 40, United States Code.
Southeast Crescent Regional Commission
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V of title
40, United States Code, $250,000, to remain available until expended.
Nuclear Regulatory Commission
salaries and expenses
For expenses necessary for the Commission in carrying out the
purposes of the Energy Reorganization Act of 1974 and the Atomic Energy
Act of 1954, $905,000,000, including official representation expenses
not to exceed $25,000, to remain available until expended: Provided,
That of the amount appropriated herein, not more than $7,500,000 may be
made available for salaries, travel, and other support costs for the
Office of the Commission, to remain available until September 30, 2018,
of which, notwithstanding section 201(a)(2)(c) of the Energy
Reorganization Act of 1974 (42 U.S.C. 5841(a)(2)(c)), the use and
expenditure shall only be approved by a majority vote of the Commission:
Provided further, That revenues from licensing fees, inspection
services, and other services and collections estimated at $794,580,000
in fiscal year 2017 shall be retained and used for necessary salaries
and expenses in this account, notwithstanding 31 U.S.C. 3302, and shall
remain
[[Page 131 STAT. 324]]
available until expended: Provided further, That of the amounts
appropriated under this heading, not less than $5,000,000 shall be for
activities related to the development of regulatory infrastructure for
advanced nuclear reactor technologies, and $5,000,000 of that amount
shall not be available from fee revenues, notwithstanding 42 U.S.C.
2214: Provided further, That the sum herein appropriated shall be
reduced by the amount of revenues received during fiscal year 2017 so as
to result in a final fiscal year 2017 appropriation estimated at not
more than $110,420,000: Provided further, That of the amounts
appropriated under this heading, $10,000,000 shall be for university
research and development in areas relevant to the Commission's mission,
and $5,000,000 shall be for a Nuclear Science and Engineering Grant
Program that will support multiyear projects that do not align with
programmatic missions but are critical to maintaining the discipline of
nuclear science and engineering.
office of inspector general
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$12,129,000, to remain available until September 30, 2018: Provided,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $10,044,000 in fiscal year 2017
shall be retained and be available until September 30, 2018, for
necessary salaries and expenses in this account, notwithstanding section
3302 of title 31, United States Code: Provided further, That the sum
herein appropriated shall be reduced by the amount of revenues received
during fiscal year 2017 so as to result in a final fiscal year 2017
appropriation estimated at not more than $2,085,000: Provided further,
That of the amounts appropriated under this heading, $969,000 shall be
for Inspector General services for the Defense Nuclear Facilities Safety
Board, which shall not be available from fee revenues.
Nuclear Waste Technical Review Board
salaries and expenses
For expenses necessary for the Nuclear Waste Technical Review Board,
as authorized by Public Law 100-203, section 5051, $3,600,000, to be
derived from the Nuclear Waste Fund, to remain available until September
30, 2018.
GENERAL PROVISIONS--INDEPENDENT AGENCIES
Sec. 401. The <<NOTE: Compliance.>> Nuclear Regulatory Commission
shall comply with the July 5, 2011, version of Chapter VI of its
Internal Commission Procedures when responding to Congressional requests
for information.
Sec. 402. (a) <<NOTE: Notifications. Time periods. Reports.>> The
amounts made available by this title for the Nuclear Regulatory
Commission may be reprogrammed for any program, project, or activity,
and the Commission shall notify the Committees on Appropriations of both
Houses of Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program funding level to increase or
decrease by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
[[Page 131 STAT. 325]]
(b)(1) <<NOTE: Waiver authority.>> The Nuclear Regulatory
Commission may waive the notification requirement in subsection (a) if
compliance with such requirement would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under paragraph
(1) as soon as practicable, but not later than 3 days after the date of
the activity to which a requirement or restriction would otherwise have
applied. Such notice shall include an explanation of the substantial
risk under paragraph (1) that permitted such waiver and shall provide a
detailed report to the Committees of such waiver and changes to funding
levels to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the amounts
made available by this title for ``Nuclear Regulatory Commission--
Salaries and Expenses'' shall be expended as directed in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory Commission
shall be available for obligation or expenditure through a reprogramming
of funds that increases funds or personnel for any program, project, or
activity for which funds are denied or restricted by this Act.
(e) The Commission shall provide a monthly report to the Committees
on Appropriations of both Houses of Congress, which includes the
following for each program, project, or activity, including any prior
year appropriations--
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
TITLE V
GENERAL PROVISIONS
Sec. 501. None <<NOTE: Lobbying.>> of the funds appropriated by
this Act may be used in any way, directly or indirectly, to influence
congressional action on any legislation or appropriation matters pending
before Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
Sec. 502. (a) None of the funds made available in title III of this
Act may be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made by or
transfer authority provided in this Act or any other appropriations Act
for any fiscal year, transfer authority referenced in the explanatory
statement described in section 4 (in the matter preceding division A of
this consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(b) None of the funds made available for any department, agency, or
instrumentality of the United States Government may be transferred to
accounts funded in title III of this Act, except pursuant to a transfer
made by or transfer authority provided in this Act or any other
appropriations Act for any fiscal year, transfer authority referenced in
the explanatory statement described in section 4 (in the matter
preceding division A of this
[[Page 131 STAT. 326]]
consolidated Act), or any authority whereby a department, agency, or
instrumentality of the United States Government may provide goods or
services to another department, agency, or instrumentality.
(c) <<NOTE: Reports. Deadlines.>> The head of any relevant
department or agency funded in this Act utilizing any transfer authority
shall submit to the Committees on Appropriations of both Houses of
Congress a semiannual report detailing the transfer authorities, except
for any authority whereby a department, agency, or instrumentality of
the United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6 months
and in the year-to-date. This report shall include the amounts
transferred and the purposes for which they were transferred, and shall
not replace or modify existing notification requirements for each
authority.
Sec. 503. None of the funds made available by this Act may be used
in contravention of Executive Order No. 12898 of February 11, 1994
(Federal Actions to Address Environmental Justice in Minority
Populations and Low-Income Populations).
Sec. 504. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
This division may be cited as the ``Energy and Water Development and
Related Agencies Appropriations Act, 2017''.
DIVISION E--FINANCIAL <<NOTE: Financial Services and General Government
Appropriations Act, 2017. Department of the Treasury Appropriations Act,
2017.>> SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF THE TREASURY
Departmental Offices
salaries and expenses
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman's Bank
Building; hire of passenger motor vehicles; maintenance, repairs, and
improvements of, and purchase of commercial insurance policies for, real
properties leased or owned overseas, when necessary for the performance
of official business; executive direction program activities;
international affairs and economic policy activities; domestic finance
and tax policy activities, including technical assistance to Puerto
Rico; and Treasury-wide management policies and programs activities,
$224,376,000: Provided, That of the amount appropriated under this
heading--
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies of
a confidential nature to be allocated and expended under the
direction of the Secretary of the Treasury and to be accounted
for solely on the Secretary's certificate; and
[[Page 131 STAT. 327]]
(3) not to exceed $24,000,000 shall remain available until
September 30, 2018, for--
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization
requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection
and Compliance Policy, including entering into
cooperative agreements; and
(E) international operations.
office of terrorism and financial intelligence
salaries and expenses
For the necessary expenses of the Office of Terrorism and Financial
Intelligence to safeguard the financial system against illicit use and
to combat rogue nations, terrorist facilitators, weapons of mass
destruction proliferators, money launderers, drug kingpins, and other
national security threats, $123,000,000: Provided, That of the amount
appropriated under this heading: (1) up to $28,000,000 may be
transferred to the Departmental Offices Salaries and Expenses
appropriation and shall be available for administrative support to the
Office of Terrorism and Financial Intelligence; and (2) $5,000,000, to
remain available until September 30, 2018.
cybersecurity enhancment account
For salaries and expenses for enhanced cybersecurity for systems
operated by the Department of the Treasury, $47,743,000, to remain
available until September 30, 2019: Provided, That such funds shall
supplement and not supplant any other amounts made available to the
Treasury offices and bureaus for cybersecurity: Provided further,
That <<NOTE: Spending plan.>> the Chief Information Officer of the
individual offices and bureaus shall submit a spend plan for each
investment to the Treasury Chief Information Officer for approval:
Provided further, That <<NOTE: Review.>> the submitted spend plan shall
be reviewed and approved by the Treasury Chief Information Officer prior
to the obligation of funds under this heading: Provided further, That
of the total amount made available under this heading $1,000,000 shall
be available for administrative expenses for the Treasury Chief
Information Officer to provide oversight of the investments made under
this heading: Provided further, That such funds shall supplement and
not supplant any other amounts made available to the Treasury Chief
Information Officer.
department-wide systems and capital investments programs
(including transfer of funds)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations to
buildings owned by the Department of the Treasury, $3,000,000, to remain
available until September 30, 2019: Provided, That these
[[Page 131 STAT. 328]]
funds shall be transferred to accounts and in amounts as necessary to
satisfy the requirements of the Department's offices, bureaus, and other
organizations: Provided further, That this transfer authority shall be
in addition to any other transfer authority provided in this Act:
Provided further, That none of the funds appropriated under this heading
shall be used to support or supplement ``Internal Revenue Service,
Operations Support'' or ``Internal Revenue Service, Business Systems
Modernization''.
office of inspector general
salaries and expenses
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,044,000, including hire of passenger motor vehicles; of which not to
exceed $100,000 shall be available for unforeseen emergencies of a
confidential nature, to be allocated and expended under the direction of
the Inspector General of the Treasury; of which up to $2,800,000 to
remain available until September 30, 2018, shall be for audits and
investigations conducted pursuant to section 1608 of the Resources and
Ecosystems Sustainability, Tourist Opportunities, and Revived Economies
of the Gulf Coast States Act of 2012 (33 U.S.C. 1321 note); and of which
not to exceed $1,000 shall be available for official reception and
representation expenses.
treasury inspector general for tax administration
salaries and expenses
For necessary expenses of the Treasury Inspector General for Tax
Administration in carrying out the Inspector General Act of 1978, as
amended, including purchase and hire of passenger motor vehicles (31
U.S.C. 1343(b)); and services authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Inspector General for Tax Administration;
$169,634,000, of which $5,000,000 shall remain available until September
30, 2018; of which not to exceed $6,000,000 shall be available for
official travel expenses; of which not to exceed $500,000 shall be
available for unforeseen emergencies of a confidential nature, to be
allocated and expended under the direction of the Inspector General for
Tax Administration; and of which not to exceed $1,500 shall be available
for official reception and representation expenses.
special inspector general for the troubled asset relief program
salaries and expenses
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110-343), $41,160,000.
[[Page 131 STAT. 329]]
Financial Crimes Enforcement Network
salaries and expenses
For necessary expenses of the Financial Crimes Enforcement Network,
including hire of passenger motor vehicles; travel and training expenses
of non-Federal and foreign government personnel to attend meetings and
training concerned with domestic and foreign financial intelligence
activities, law enforcement, and financial regulation; services
authorized by 5 U.S.C. 3109; not to exceed $10,000 for official
reception and representation expenses; and for assistance to Federal law
enforcement agencies, with or without reimbursement, $115,003,000, of
which not to exceed $34,335,000 shall remain available until September
30, 2019.
Treasury Forfeiture Fund
(rescission)
Of the unobligated balances available under this heading,
$1,115,000,000 are hereby rescinded not later than September 30, 2017,
of which $314,000,000 are permanently rescinded.
Bureau of the Fiscal Service
salaries and expenses
For necessary expenses of operations of the Bureau of the Fiscal
Service, $353,057,000; of which not to exceed $4,210,000, to remain
available until September 30, 2019, is for information systems
modernization initiatives; and of which $5,000 shall be available for
official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses for
financial management of the Fund, as authorized by section 1012 of
Public Law 101-380.
Alcohol and Tobacco Tax and Trade Bureau
salaries and expenses
For necessary expenses of carrying out section 1111 of the Homeland
Security Act of 2002, including hire of passenger motor vehicles,
$111,439,000; of which not to exceed $6,000 for official reception and
representation expenses; not to exceed $50,000 for cooperative research
and development programs for laboratory services; and provision of
laboratory assistance to State and local agencies with or without
reimbursement: Provided, That of the amount appropriated under this
heading, $5,000,000 shall be for the costs of accelerating the
processing of formula and label applications: Provided further, That of
the amount appropriated under this heading, $5,000,000, to remain
available until September 30, 2018, shall be for the costs associated
with enforcement of the trade practice provisions of the Federal Alcohol
Administration Act (27 U.S.C. 201 et seq.).
[[Page 131 STAT. 330]]
United States Mint
united states mint public enterprise fund
Pursuant to section 5136 of title 31, United States Code, the United
States Mint is provided funding through the United States Mint Public
Enterprise Fund for costs associated with the production of circulating
coins, numismatic coins, and protective services, including both
operating expenses and capital investments: Provided, That the
aggregate amount of new liabilities and obligations incurred during
fiscal year 2017 under such section 5136 for circulating coinage and
protective service capital investments of the United States Mint shall
not exceed $30,000,000.
Community Development Financial Institutions Fund Program Account
To carry out the Riegle Community Development and Regulatory
Improvement Act of 1994 (subtitle A of title I of Public Law 103-325),
including services authorized by section 3109 of title 5, United States
Code, but at rates for individuals not to exceed the per diem rate
equivalent to the rate for EX-3, $248,000,000. Of the amount
appropriated under this heading--
(1) not less than $161,500,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)) with regard to
Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September 30,
2018, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively, of
Public Law 103-325 (12 U.S.C. 4707(a)(1)(A) and (B)), of which
up to $2,882,500 may be used for the cost of direct loans, and
of which up to $3,000,000, notwithstanding subsection (d) of
section 108 of Public Law 103-325 (12 U.S.C. 4707(d)), may be
available to provide financial assistance, technical assistance,
training, and outreach to community development financial
institutions to expand investments that benefit individuals with
disabilities: Provided, That the cost of direct and guaranteed
loans, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize
gross obligations for the principal amount of direct loans not
to exceed $25,000,000;
(2) not less than $15,500,000, notwithstanding section
108(e) of Public Law 103-325 (12 U.S.C. 4707(e)), is available
until September 30, 2018, for financial assistance, technical
assistance, training and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities
and provided primarily through qualified community development
lender organizations with experience and expertise in community
development banking and lending in Indian country, Native
American organizations, tribes and tribal organizations, and
other suitable providers;
(3) not less than $23,000,000 is available until September
30, 2018, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103-325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2018, for
[[Page 131 STAT. 331]]
a Healthy Food Financing Initiative to provide financial
assistance, technical assistance, training, and outreach to
community development financial institutions for the purpose of
offering affordable financing and technical assistance to expand
the availability of healthy food options in distressed
communities;
(5) up to $26,000,000 is available until September 30, 2017,
for administrative expenses, including administration of CDFI
fund programs and the New Markets Tax Credit Program, of which
not less than $1,000,000 is for development of tools to better
assess and inform CDFI investment performance, and up to
$300,000 is for administrative expenses to carry out the direct
loan program; and
(6) during fiscal year 2017, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act
of 1994 (12 U.S.C. 4713a): Provided, That commitments to
guarantee bonds and notes under such section 114A shall not
exceed $500,000,000: Provided further, That such section 114A
shall remain in effect until September 30, 2017: Provided
further, That <<NOTE: Poverty.>> of the funds awarded under
this heading, not less than 10 percent shall be used for awards
that support investments that serve populations living in
persistent poverty counties: Provided further,
That <<NOTE: Definition.>> for purposes of this section, the
term ``persistent poverty counties'' means any county that has
had 20 percent or more of its population living in poverty over
the past 30 years, as measured by the 1990 and 2000 decennial
censuses and the most recent series of 5-year data available
from the American Community Survey from the Census Bureau.
Internal Revenue Service
taxpayer services
For necessary expenses of the Internal Revenue Service to provide
taxpayer services, including pre-filing assistance and education, filing
and account services, taxpayer advocacy services, and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $2,156,554,000, of which not less than $8,890,000 shall be
for the Tax Counseling for the Elderly Program, of which not less than
$12,000,000 shall be available for low-income taxpayer clinic grants,
and of which not less than $15,000,000, to remain available until
September 30, 2018, shall be available for a Community Volunteer Income
Tax Assistance matching grants program for tax return preparation
assistance, of which not less than $206,000,000 shall be available for
operating expenses of the Taxpayer Advocate Service: Provided, That of
the amounts made available for the Taxpayer Advocate Service, not less
than $5,000,000 shall be for identity theft casework.
enforcement
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to provide
legal and litigation support, to conduct criminal investigations, to
enforce criminal statutes related to violations of internal
[[Page 131 STAT. 332]]
revenue laws and other financial crimes, to purchase and hire passenger
motor vehicles (31 U.S.C. 1343(b)), and to provide other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner, $4,860,000,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2018, and of which not less than
$60,257,000 shall be for the Interagency Crime and Drug Enforcement
program.
operations support
For necessary expenses of the Internal Revenue Service to support
taxpayer services and enforcement programs, including rent payments;
facilities services; printing; postage; physical security; headquarters
and other IRS-wide administration activities; research and statistics of
income; telecommunications; information technology development,
enhancement, operations, maintenance, and security; the hire of
passenger motor vehicles (31 U.S.C. 1343(b)); the operations of the
Internal Revenue Service Oversight Board; and other services as
authorized by 5 U.S.C. 3109, at such rates as may be determined by the
Commissioner; $3,638,446,000, of which not to exceed $50,000,000 shall
remain available until September 30, 2018; of which not to exceed
$10,000,000 shall remain available until expended for acquisition of
equipment and construction, repair and renovation of facilities; of
which not to exceed $1,000,000 shall remain available until September
30, 2019, for research; of which not to exceed $20,000 shall be for
official reception and representation expenses: Provided,
That <<NOTE: Deadlines. Reports.>> not later than 30 days after the end
of each quarter, the Internal Revenue Service shall submit a report to
the Committees on Appropriations of the House of Representatives and the
Senate and the Comptroller General of the United States detailing the
cost and schedule performance for its major information technology
investments, including the purpose and life-cycle stages of the
investments; the reasons for any cost and schedule variances; the risks
of such investments and strategies the Internal Revenue Service is using
to mitigate such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter: Provided
further, That the Internal Revenue Service shall include, in its budget
justification for fiscal year 2018, a summary of cost and schedule
performance information for its major information technology systems.
business systems modernization
For necessary expenses of the Internal Revenue Service's business
systems modernization program, $290,000,000, to remain available until
September 30, 2019, for the capital asset acquisition of information
technology systems, including management and related contractual costs
of said acquisitions, including related Internal Revenue Service labor
costs, and contractual costs associated with operations authorized by 5
U.S.C. 3109: <<NOTE: Deadline. Reports.>> Provided, That not later
than 30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the Committees on Appropriations of the House
of Representatives and the Senate and the Comptroller General of the
United States detailing the cost and schedule performance for CADE 2 and
Modernized e-File information technology investments, including the
purposes and life-cycle stages of the investments; the reasons for any
cost and
[[Page 131 STAT. 333]]
schedule variances; the risks of such investments and the strategies the
Internal Revenue Service is using to mitigate such risks; and the
expected developmental milestones to be achieved and costs to be
incurred in the next quarter.
administrative provisions--internal revenue service
(including transfers of funds)
Sec. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to any other Internal Revenue Service appropriation upon the advance
approval of the Committees on Appropriations.
Sec. 102. The Internal Revenue Service shall maintain an employee
training program, which shall include the following topics: taxpayers'
rights, dealing courteously with taxpayers, cross-cultural relations,
ethics, and the impartial application of tax law.
Sec. 103. The <<NOTE: Procedures. Identity theft.>> Internal
Revenue Service shall institute and enforce policies and procedures that
will safeguard the confidentiality of taxpayer information and protect
taxpayers against identity theft.
Sec. 104. Funds made available by this or any other Act to the
Internal Revenue Service shall be available for improved facilities and
increased staffing to provide sufficient and effective 1-800 help line
service for taxpayers. The Commissioner shall continue to make
improvements to the Internal Revenue Service 1-800 help line service a
priority and allocate resources necessary to enhance the response time
to taxpayer communications, particularly with regard to victims of tax-
related crimes.
Sec. 105. None <<NOTE: Video. Determination.>> of the funds made
available to the Internal Revenue Service by this Act may be used to
make a video unless the Service-Wide Video Editorial Board determines in
advance that making the video is appropriate, taking into account the
cost, topic, tone, and purpose of the video.
Sec. 106. The <<NOTE: Notice.>> Internal Revenue Service shall
issue a notice of confirmation of any address change relating to an
employer making employment tax payments, and such notice shall be sent
to both the employer's former and new address and an officer or employee
of the Internal Revenue Service shall give special consideration to an
offer-in-compromise from a taxpayer who has been the victim of fraud by
a third party payroll tax preparer.
Sec. 107. None of the funds made available under this Act may be
used by the Internal Revenue Service to target citizens of the United
States for exercising any right guaranteed under the First Amendment to
the Constitution of the United States.
Sec. 108. None <<NOTE: Ideological beliefs.>> of the funds made
available in this Act may be used by the Internal Revenue Service to
target groups for regulatory scrutiny based on their ideological
beliefs.
Sec. 109. None of funds made available by this Act to the Internal
Revenue Service shall be obligated or expended on conferences that do
not adhere to the procedures, verification processes, documentation
requirements, and policies issued by the Chief Financial Officer, Human
Capital Office, and Agency-Wide Shared Services as a result of the
recommendations in the report published on May 31, 2013, by the Treasury
Inspector General for Tax Administration entitled ``Review of the August
2010 Small Business/
[[Page 131 STAT. 334]]
Self-Employed Division's Conference in Anaheim, California'' (Reference
Number 2013-10-037).
Sec. 110. None of the funds made available in this Act to the
Internal Revenue Service may be obligated or expended--
(1) to make a payment to any employee under a bonus, award,
or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program or
process takes into account the conduct and Federal tax
compliance of such employee or former employee.
Sec. 111. None of the funds made available by this Act may be used
in contravention of section 6103 of the Internal Revenue Code of 1986
(relating to confidentiality and disclosure of returns and return
information).
Sec. 112. Except to the extent provided in section 6014, 6020, or
6201(d) of the Internal Revenue Code of 1986, no funds in this or any
other Act shall be available to the Secretary of the Treasury to provide
to any person a proposed final return or statement for use by such
person to satisfy a filing or reporting requirement under such Code.
Sec. 113. In addition to the amounts otherwise made available in
this Act for the Internal Revenue Service, $290,000,000, to be available
until September 30, 2018, shall be transferred by the Commissioner to
the ``Taxpayer Services'', ``Enforcement'', or ``Operations Support''
accounts of the Internal Revenue Service for an additional amount to be
used solely for measurable improvements in the customer service
representative level of service rate, to improve the identification and
prevention of refund fraud and identity theft, and to enhance
cybersecurity to safeguard taxpayer data: Provided, That such funds
shall supplement, not supplant any other amounts made available by the
Internal Revenue Service for such purpose: <<NOTE: Spending plan.>>
Provided further, That such funds shall not be available until the
Commissioner submits to the Committees on Appropriations of the House of
Representatives and the Senate a spending plan for such funds: Provided
further, That such funds shall not be used to support any provision of
Public Law 111-148, Public Law 111-152, or any amendment made by either
such Public Law.
Administrative Provisions--Department of the Treasury
(including transfers of funds)
Sec. 114. Appropriations to the Department of the Treasury in this
Act shall be available for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning; purchase of insurance for official motor vehicles operated in
foreign countries; purchase of motor vehicles without regard to the
general purchase price limitations for vehicles purchased and used
overseas for the current fiscal year; entering into contracts with the
Department of State for the furnishing of health and medical services to
employees and their dependents serving in foreign countries; and
services authorized by 5 U.S.C. 3109.
Sec. 115. Not to exceed 2 percent of any appropriations in this
title made available under the headings ``Departmental
[[Page 131 STAT. 335]]
Offices--Salaries and Expenses'', ``Office of Inspector General'',
``Special Inspector General for the Troubled Asset Relief Program'',
``Financial Crimes Enforcement Network'', ``Bureau of the Fiscal
Service'', and ``Alcohol and Tobacco Tax and Trade Bureau'' may be
transferred between such appropriations upon the advance approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided, That no transfer under this section may increase or
decrease any such appropriation by more than 2 percent.
Sec. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred
to the Treasury Inspector General for Tax Administration's appropriation
upon the advance approval of the Committees on Appropriations of the
House of Representatives and the Senate: Provided, That no transfer may
increase or decrease any such appropriation by more than 2 percent.
Sec. 117. None of the funds appropriated in this Act or otherwise
available to the Department of the Treasury or the Bureau of Engraving
and Printing may be used to redesign the $1 Federal Reserve note.
Sec. 118. The Secretary of the Treasury may transfer funds from the
``Bureau of the Fiscal Service-Salaries and Expenses'' to the Debt
Collection Fund as necessary to cover the costs of debt
collection: <<NOTE: Reimbursement.>> Provided, That such amounts shall
be reimbursed to such salaries and expenses account from debt
collections received in the Debt Collection Fund.
Sec. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United States Mint
to construct or operate any museum without the explicit approval of the
Committees on Appropriations of the House of Representatives and the
Senate, the House Committee on Financial Services, and the Senate
Committee on Banking, Housing, and Urban Affairs.
Sec. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department of the
Treasury, the Bureau of Engraving and Printing, and the United States
Mint, individually or collectively, may be used to consolidate any or
all functions of the Bureau of Engraving and Printing and the United
States Mint without the explicit approval of the House Committee on
Financial Services; the Senate Committee on Banking, Housing, and Urban
Affairs; and the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 121. Funds appropriated by this Act, or made available by the
transfer of funds in this Act, for the Department of the Treasury's
intelligence or intelligence related activities are deemed to be
specifically authorized by the Congress for purposes of section 504 of
the National Security Act of 1947 (50 U.S.C. 414) during fiscal year
2017 until the enactment of the Intelligence Authorization Act for
Fiscal Year 2017.
Sec. 122. Not to exceed $5,000 shall be made available from the
Bureau of Engraving and Printing's Industrial Revolving Fund for
necessary official reception and representation expenses.
Sec. 123. The <<NOTE: Investment plan. Deadline.>> Secretary of
the Treasury shall submit a Capital Investment Plan to the Committees on
Appropriations of the Senate and the House of Representatives not later
than 30 days following the submission of the annual budget submitted by
the President:
[[Page 131 STAT. 336]]
Provided, That such Capital Investment Plan shall include capital
investment spending from all accounts within the Department of the
Treasury, including but not limited to the Department-wide Systems and
Capital Investment Programs account, Treasury Franchise Fund account,
and the Treasury Forfeiture Fund account: Provided further, That such
Capital Investment Plan shall include expenditures occurring in previous
fiscal years for each capital investment project that has not been fully
completed.
Sec. 124. Within <<NOTE: Deadline. Reports.>> 45 days after the
date of enactment of this Act, the Secretary of the Treasury shall
submit an itemized report to the Committees on Appropriations of the
House of Representatives and the Senate on the amount of total funds
charged to each office by the Franchise Fund including the amount
charged for each service provided by the Franchise Fund to each office,
a detailed description of the services, a detailed explanation of how
each charge for each service is calculated, and a description of the
role customers have in governing in the Franchise Fund.
Sec. 125. The <<NOTE: Consultation. Reports. Deadline.>> Secretary
of the Treasury, in consultation with the appropriate agencies,
departments, bureaus, and commissions that have expertise in terrorism
and complex financial instruments, shall provide a report to the
Committees on Appropriations of the House of Representatives and Senate,
the Committee on Financial Services of the House of Representatives, and
the Committee on Banking, Housing, and Urban Affairs of the Senate not
later than 90 days after the date of enactment of this Act on economic
warfare and financial terrorism.
Sec. 126. During <<NOTE: Time period.>> fiscal year 2017--
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including the
Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to a
particular taxpayer relating to the standard which is used to
determine whether an organization is operated exclusively for
the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535 (November
29, 2013)); and
(2) <<NOTE: Applicability.>> the standard and definitions
as in effect on January 1, 2010, which are used to make such
determinations shall apply after the date of the enactment of
this Act for purposes of determining status under section
501(c)(4) of such Code of organizations created on, before, or
after such date.
Sec. 127. (a) <<NOTE: Deadline. Time period. Reports.>> Not later
than 60 days after the end of each quarter, the Office of Financial
Stability and the Office of Financial Research shall submit reports on
their activities to the Committees on Appropriations of the House of
Representatives and the Senate, the Committee on Financial Services of
the House of Representatives and the Senate Committee on Banking,
Housing, and Urban Affairs.
(b) The reports required under subsection (a) shall include--
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) <<NOTE: Estimate.>> the estimated obligations for the
remainder of the fiscal year by object class, office, and
activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
[[Page 131 STAT. 337]]
(4) <<NOTE: Estimate.>> the estimated number of full-time
equivalents within each office for the remainder of the fiscal
year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) <<NOTE: Testimony.>> At the request of any such Committees
specified in subsection (a), the Office of Financial Stability and the
Office of Financial Research shall make officials available to testify
on the contents of the reports required under subsection (a).
This title may be cited as the ``Department of the Treasury
Appropriations Act, 2017''.
TITLE II <<NOTE: Executive Office of the President Appropriations Act,
2017.>>
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE
PRESIDENT
The White House
salaries and expenses
For necessary expenses for the White House as authorized by law,
including not to exceed $3,850,000 for services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3
U.S.C. 105, which shall be expended and accounted for as provided in
that section; hire of passenger motor vehicles, and travel (not to
exceed $100,000 to be expended and accounted for as provided by 3 U.S.C.
103); and not to exceed $19,000 for official reception and
representation expenses, to be available for allocation within the
Executive Office of the President; and for necessary expenses of the
Office of Policy Development, including services as authorized by 5
U.S.C. 3109 and 3 U.S.C. 107, $55,214,000.
Executive Residence at the White House
operating expenses
For necessary expenses of the Executive Residence at the White
House, $12,723,000, to be expended and accounted for as provided by 3
U.S.C. 105, 109, 110, and 112-114.
reimbursable expenses
For the reimbursable expenses of the Executive Residence at the
White House, such sums as may be necessary: Provided, That all
reimbursable operating expenses of the Executive Residence shall be made
in accordance with the provisions of this paragraph: Provided further,
That, notwithstanding any other provision of law, such amount for
reimbursable operating expenses shall be the exclusive authority of the
Executive Residence to incur obligations and to receive offsetting
collections, for such expenses: Provided further, That the Executive
Residence shall require each person sponsoring a reimbursable political
event to pay in advance an amount equal to the estimated cost of the
event, and all such advance payments shall be credited to this account
and remain available until expended: Provided further, That the
Executive Residence shall require the national committee of the
political party of the President to maintain on deposit $25,000, to be
separately accounted for
[[Page 131 STAT. 338]]
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal
year: <<NOTE: Notification. Deadlines.>> Provided further, That the
Executive Residence shall ensure that a written notice of any amount
owed for a reimbursable operating expense under this paragraph is
submitted to the person owing such amount within 60 days after such
expense is incurred, and that such amount is collected within 30 days
after the submission of such notice: Provided further, That the
Executive Residence shall charge interest and assess penalties and other
charges on any such amount that is not reimbursed within such 30 days,
in accordance with the interest and penalty provisions applicable to an
outstanding debt on a United States Government claim under 31 U.S.C.
3717: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: <<NOTE: Reports. Deadline.>>
Provided further, That the Executive Residence shall prepare and submit
to the Committees on Appropriations, by not later than 90 days after the
end of the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during the
preceding fiscal year, including the total amount of such expenses, the
amount of such total that consists of reimbursable official and
ceremonial events, the amount of such total that consists of
reimbursable political events, and the portion of each such amount that
has been reimbursed as of the date of the report: Provided further,
That <<NOTE: Records.>> the Executive Residence shall maintain a system
for the tracking of expenses related to reimbursable events within the
Executive Residence that includes a standard for the classification of
any such expense as political or nonpolitical: Provided further, That
no provision of this paragraph may be construed to exempt the Executive
Residence from any other applicable requirement of subchapter I or II of
chapter 37 of title 31, United States Code.
White House Repair and Restoration
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d), $750,000, to
remain available until expended, for required maintenance, resolution of
safety and health issues, and continued preventative maintenance.
Council of Economic Advisers
salaries and expenses
For necessary expenses of the Council of Economic Advisers in
carrying out its functions under the Employment Act of 1946 (15 U.S.C.
1021 et seq.), $4,201,000.
National Security Council and Homeland Security Council
salaries and expenses
For necessary expenses of the National Security Council and the
Homeland Security Council, including services as authorized by 5 U.S.C.
3109, $12,000,000.
[[Page 131 STAT. 339]]
Office of Administration
salaries and expenses
For necessary expenses of the Office of Administration, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107, and hire of
passenger motor vehicles, $96,116,000, of which not to exceed
$12,760,000 shall remain available until expended for continued
modernization of information resources within the Executive Office of
the President: Provided, That in addition, $4,925,000, shall remain
available until September 30, 2018, for additional security
improvements.
Presidential Transition Administrative Support
(including transfer of funds)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963, as amended, and similar expenses,
in addition to amounts otherwise appropriated by law, $7,582,000:
Provided, That such funds may be transferred to other accounts that
provide funding for offices within the Executive Office of the President
and the Office of the Vice President in this Act or any other Act, to
carry out such purposes.
Office of Management and Budget
salaries and expenses
For necessary expenses of the Office of Management and Budget,
including hire of passenger motor vehicles and services as authorized by
5 U.S.C. 3109, to carry out the provisions of chapter 35 of title 44,
United States Code, and to prepare and submit the budget of the United
States Government, in accordance with section 1105(a) of title 31,
United States Code, $95,000,000, of which not to exceed $3,000 shall be
available for official representation expenses: Provided, That none of
the funds appropriated in this Act for the Office of Management and
Budget may be used for the purpose of reviewing any agricultural
marketing orders or any activities or regulations under the provisions
of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et
seq.): Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended for the
altering of the transcript of actual testimony of witnesses, except for
testimony of officials of the Office of Management and Budget, before
the Committees on Appropriations or their subcommittees: Provided
further, That of the funds made available for the Office of Management
and Budget by this Act, no less than three full-time equivalent senior
staff position shall be dedicated solely to the Office of the
Intellectual Property Enforcement Coordinator: Provided further, That
none of the funds provided in this or prior Acts shall be used, directly
or indirectly, by the Office of Management and Budget, for evaluating or
determining if water resource project or study reports submitted by the
Chief of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process: Provided
further, That <<NOTE: Time period. Reviews.>> the Office of Management
and Budget shall
[[Page 131 STAT. 340]]
have not more than 60 days in which to perform budgetary policy reviews
of water resource matters on which the Chief of Engineers has reported:
Provided further, That <<NOTE: Notification.>> the Director of the
Office of Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is initiated:
Provided further, That <<NOTE: Reports. Deadline.>> if water resource
reports have not been transmitted to the appropriate authorizing and
appropriating committees within 15 days after the end of the Office of
Management and Budget review period based on the notification from the
Director, Congress shall assume Office of Management and Budget
concurrence with the report and act accordingly.
Office of National Drug Control Policy
salaries and expenses
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National Drug
Control Policy Reauthorization Act of 2006 (Public Law 109-469); not to
exceed $10,000 for official reception and representation expenses; and
for participation in joint projects or in the provision of services on
matters of mutual interest with nonprofit, research, or public
organizations or agencies, with or without reimbursement, $19,274,000:
Provided, That <<NOTE: 21 USC 1702 note.>> the Office is authorized to
accept, hold, administer, and utilize gifts, both real and personal,
public and private, without fiscal year limitation, for the purpose of
aiding or facilitating the work of the Office.
federal drug control programs
high intensity drug trafficking areas program
(including transfers of funds)
For <<NOTE: Deadline.>> necessary expenses of the Office of
National Drug Control Policy's High Intensity Drug Trafficking Areas
Program, $254,000,000, to remain available until September 30, 2018, for
drug control activities consistent with the approved strategy for each
of the designated High Intensity Drug Trafficking Areas (``HIDTAs''), of
which not less than 51 percent shall be transferred to State and local
entities for drug control activities and shall be obligated not later
than 120 days after enactment of this Act: Provided, That up to 49
percent may be transferred to Federal agencies and departments in
amounts determined by the Director of the Office of National Drug
Control Policy, of which up to $2,700,000 may be used for auditing
services and associated activities: Provided further, That,
notwithstanding the requirements of Public Law 106-58, any unexpended
funds obligated prior to fiscal year 2015 may be used for any other
approved activities of that HIDTA, subject to reprogramming
requirements: Provided further, That <<NOTE: Submission.>> each HIDTA
designated as of September 30, 2016, shall be funded at not less than
the fiscal year 2016 base level, unless the Director submits to the
Committees on Appropriations of the House of Representatives and the
Senate justification for changes to those levels based on clearly
articulated priorities and published Office of National Drug Control
Policy performance measures of effectiveness: Provided further,
That <<NOTE: Notification. Deadlines. Determination. Consultation.>>
the Director shall notify the Committees on Appropriations of the
initial allocation of fiscal
[[Page 131 STAT. 341]]
year 2017 funding among HIDTAs not later than 45 days after enactment of
this Act, and shall notify the Committees of planned uses of
discretionary HIDTA funding, as determined in consultation with the
HIDTA Directors, not later than 90 days after enactment of this
Act: <<NOTE: Determination. Notification.>> Provided further, That
upon a determination that all or part of the funds so transferred from
this appropriation are not necessary for the purposes provided herein
and upon notification to the Committees on Appropriations of the House
of Representatives and the Senate, such amounts may be transferred back
to this appropriation.
other federal drug control programs
(including transfers of funds)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public Law
109-469), $111,871,000, to remain available until expended, which shall
be available as follows: $97,000,000 for the Drug-Free Communities
Program, of which $2,000,000 shall be made available as directed by
section 4 of Public Law 107-82, as amended by Public Law 109-469 (21
U.S.C. 1521 note); $2,000,000 for drug court training and technical
assistance; $9,500,000 for anti-doping activities; $2,121,000 for the
United States membership dues to the World Anti-Doping Agency; and
$1,250,000 shall be made available as directed by section 1105 of Public
Law 109-469; and an additional $3,000,000, to remain available until
expended, shall be for activities authorized by section 103 of Public
Law 114-198: Provided, That amounts made available under this heading
may be transferred to other Federal departments and agencies to carry
out such activities.
Unanticipated Needs
For expenses necessary to enable the President to meet unanticipated
needs, in furtherance of the national interest, security, or defense
which may arise at home or abroad during the current fiscal year, as
authorized by 3 U.S.C. 108, $800,000, to remain available until
September 30, 2018.
Information Technology Oversight and Reform
(including transfer of funds)
For necessary expenses for the furtherance of integrated, efficient,
secure, and effective uses of information technology in the Federal
Government, $27,000,000, to remain available until expended: Provided,
That the Director of the Office of Management and Budget may transfer
these funds to one or more other agencies to carry out projects to meet
these purposes.
Special Assistance to the President
salaries and expenses
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
[[Page 131 STAT. 342]]
106, including subsistence expenses as authorized by 3 U.S.C. 106, which
shall be expended and accounted for as provided in that section; and
hire of passenger motor vehicles, $4,228,000.
Official Residence of the Vice President
operating expenses
(including transfer of funds)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That
advances, repayments, or transfers from this appropriation may be made
to any department or agency for expenses of carrying out such
activities.
Administrative Provisions--Executive Office of the President and Funds
Appropriated to the President
(including transfer of funds)
Sec. 201. From funds made available in this Act under the headings
``The White House'', ``Executive Residence at the White House'', ``White
House Repair and Restoration'', ``Council of Economic Advisers'',
``National Security Council and Homeland Security Council'', ``Office of
Administration'', ``Special Assistance to the President'', and
``Official Residence of the Vice President'', the Director of the Office
of Management and Budget (or such other officer as the President may
designate in writing), may, with advance approval of the Committees on
Appropriations of the House of Representatives and the Senate, transfer
not to exceed 10 percent of any such appropriation to any other such
appropriation, to be merged with and available for the same time and for
the same purposes as the appropriation to which transferred: Provided,
That the amount of an appropriation shall not be increased by more than
50 percent by such transfers: Provided further, That no amount shall be
transferred from ``Special Assistance to the President'' or ``Official
Residence of the Vice President'' without the approval of the Vice
President.
Sec. 202. Within <<NOTE: Deadline. Reports.>> 90 days after the
date of enactment of this section, the Director of the Office of
Management and Budget shall submit a report to the Committees on
Appropriations of the House of Representatives and the Senate on the
costs of implementing the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111-203). Such report shall include--
(1) <<NOTE: Estimates.>> the estimated mandatory and
discretionary obligations of funds through fiscal year 2019, by
Federal agency and by fiscal year, including--
(A) the estimated obligations by cost inputs such as
rent, information technology, contracts, and personnel;
(B) the methodology and data sources used to
calculate such estimated obligations; and
(C) the specific section of such Act that requires
the obligation of funds; and
[[Page 131 STAT. 343]]
(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including--
(A) the methodology and data sources used to
calculate such estimated collections; and
(B) the specific section of such Act that authorizes
the collection of funds.
Sec. 203. (a) <<NOTE: Time periods. Budget impact statement.>>
During fiscal year 2017, any Executive order or Presidential memorandum
issued or revoked by the President shall be accompanied by a written
statement from the Director of the Office of Management and Budget on
the budgetary impact, including costs, benefits, and revenues, of such
order or memorandum.
(b) Any such statement shall include--
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed by
Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2017; and
(3) the impact on revenues of the Federal Government as the
result of such order or memorandum over the 5-fiscal-year period
beginning in fiscal year 2017.
(c) <<NOTE: Deadline.>> If an Executive order or Presidential
memorandum is issued during fiscal year 2017 due to a national
emergency, the Director of the Office of Management and Budget may issue
the statement required by subsection (a) not later than 15 days after
the date that such order or memorandum is issued.
(d) <<NOTE: Applicability.>> The requirement for cost estimates for
Presidential memoranda shall only apply for Presidential memoranda
estimated to have a regulatory cost in excess of $100,000,000.
This title may be cited as the ``Executive Office of the President
Appropriations Act, 2017''.
TITLE III <<NOTE: Judiciary Appropriations Act, 2017.>>
THE JUDICIARY
Supreme Court of the United States
salaries and expenses
For expenses necessary for the operation of the Supreme Court, as
required by law, excluding care of the building and grounds, including
hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and
1344; not to exceed $10,000 for official reception and representation
expenses; and for miscellaneous expenses, to be expended as the Chief
Justice may approve, $76,668,000, of which $1,500,000 shall remain
available until expended.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief justice and associate
justices of the court.
care of the building and grounds
For such expenditures as may be necessary to enable the Architect of
the Capitol to carry out the duties imposed upon
[[Page 131 STAT. 344]]
the Architect by 40 U.S.C. 6111 and 6112, $14,868,000, to remain
available until expended.
United States Court of Appeals for the Federal Circuit
salaries and expenses
For salaries of officers and employees, and for necessary expenses
of the court, as authorized by law, $30,108,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
United States Court of International Trade
salaries and expenses
For salaries of officers and employees of the court, services, and
necessary expenses of the court, as authorized by law, $18,462,000.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of the chief judge and judges of the
court.
Courts of Appeals, District Courts, and Other Judicial Services
salaries and expenses
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees of the
Federal Judiciary not otherwise specifically provided for, necessary
expenses of the courts, and the purchase, rental, repair, and cleaning
of uniforms for Probation and Pretrial Services Office staff, as
authorized by law, $4,996,445,000 (including the purchase of firearms
and ammunition); of which not to exceed $27,817,000 shall remain
available until expended for space alteration projects and for furniture
and furnishings related to new space alteration and construction
projects.
In addition, there are appropriated such sums as may be necessary
under current law for the salaries of circuit and district judges
(including judges of the territorial courts of the United States),
bankruptcy judges, and justices and judges retired from office or from
regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood
Vaccine Injury Act of 1986 (Public Law 99-660), not to exceed
$6,510,000, to be appropriated from the Vaccine Injury Compensation
Trust Fund.
defender services
For the operation of Federal Defender organizations; the
compensation and reimbursement of expenses of attorneys appointed to
represent persons under 18 U.S.C. 3006A and 3599, and for the
compensation and reimbursement of expenses of persons furnishing
investigative, expert, and other services for such representations as
authorized by law; the compensation (in accordance with
[[Page 131 STAT. 345]]
the maximums under 18 U.S.C. 3006A) and reimbursement of expenses of
attorneys appointed to assist the court in criminal cases where the
defendant has waived representation by counsel; the compensation and
reimbursement of expenses of attorneys appointed to represent jurors in
civil actions for the protection of their employment, as authorized by
28 U.S.C. 1875(d)(1); the compensation and reimbursement of expenses of
attorneys appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; the compensation and
reimbursement of travel expenses of guardians ad litem appointed under
18 U.S.C. 4100(b); and for necessary training and general administrative
expenses, $1,044,647,000 to remain available until expended.
fees of jurors and commissioners
For fees and expenses of jurors as authorized by 28 U.S.C. 1871 and
1876; compensation of jury commissioners as authorized by 28 U.S.C.
1863; and compensation of commissioners appointed in condemnation cases
pursuant to rule 71.1(h) of the Federal Rules of Civil Procedure (28
U.S.C. Appendix Rule 71.1(h)), $39,929,000, to remain available until
expended: Provided, That the compensation of land commissioners shall
not exceed the daily equivalent of the highest rate payable under 5
U.S.C. 5332.
court security
(including transfers of funds)
For necessary expenses, not otherwise provided for, incident to the
provision of protective guard services for United States courthouses and
other facilities housing Federal court operations, and the procurement,
installation, and maintenance of security systems and equipment for
United States courthouses and other facilities housing Federal court
operations, including building ingress-egress control, inspection of
mail and packages, directed security patrols, perimeter security, basic
security services provided by the Federal Protective Service, and other
similar activities as authorized by section 1010 of the Judicial
Improvement and Access to Justice Act (Public Law 100-702),
$565,388,000, of which not to exceed $20,000,000 shall remain available
until expended, to be expended directly or transferred to the United
States Marshals Service, which shall be responsible for administering
the Judicial Facility Security Program consistent with standards or
guidelines agreed to by the Director of the Administrative Office of the
United States Courts and the Attorney General.
Administrative Office of the United States Courts
salaries and expenses
For necessary expenses of the Administrative Office of the United
States Courts as authorized by law, including travel as authorized by 31
U.S.C. 1345, hire of a passenger motor vehicle as authorized by 31
U.S.C. 1343(b), advertising and rent in the District of Columbia and
elsewhere, $87,500,000, of which not to exceed $8,500 is authorized for
official reception and representation expenses.
[[Page 131 STAT. 346]]
Federal Judicial Center
salaries and expenses
For necessary expenses of the Federal Judicial Center, as authorized
by Public Law 90-219, $28,335,000; of which $1,800,000 shall remain
available through September 30, 2018, to provide education and training
to Federal court personnel; and of which not to exceed $1,500 is
authorized for official reception and representation expenses.
United States Sentencing Commission
salaries and expenses
For the salaries and expenses necessary to carry out the provisions
of chapter 58 of title 28, United States Code, $18,100,000, of which not
to exceed $1,000 is authorized for official reception and representation
expenses.
Administrative Provisions--The Judiciary
(including transfer of funds)
Sec. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available for
services as authorized by 5 U.S.C. 3109.
Sec. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act may
be transferred between such appropriations, but no such appropriation,
except ``Courts of Appeals, District Courts, and Other Judicial
Services, Defender Services'' and ``Courts of Appeals, District Courts,
and Other Judicial Services, Fees of Jurors and Commissioners'', shall
be increased by more than 10 percent by any such transfers: Provided,
That any transfer pursuant to this section shall be treated as a
reprogramming of funds under sections 604 and 608 of this Act and shall
not be available for obligation or expenditure except in compliance with
the procedures set forth in section 608.
Sec. 303. Notwithstanding any other provision of law, the salaries
and expenses appropriation for ``Courts of Appeals, District Courts, and
Other Judicial Services'' shall be available for official reception and
representation expenses of the Judicial Conference of the United States:
Provided, That such available funds shall not exceed $11,000 and shall
be administered by the Director of the Administrative Office of the
United States Courts in the capacity as Secretary of the Judicial
Conference.
Sec. 304. Section <<NOTE: Applicability.>> 3314(a) of title 40,
United States Code, shall be applied by substituting ``Federal'' for
``executive'' each place it appears.
Sec. 305. In accordance with 28 U.S.C. 561-569, and notwithstanding
any other provision of law, the United States Marshals Service shall
provide, for such courthouses as its Director may designate in
consultation with the Director of the Administrative Office of the
United States Courts, for purposes of a pilot program, the security
services that 40 U.S.C. 1315 authorizes the Department of Homeland
Security to provide, except for the services specified in 40 U.S.C.
1315(b)(2)(E). <<NOTE: Reimbursement.>> For building-specific security
services
[[Page 131 STAT. 347]]
at these courthouses, the Director of the Administrative Office of the
United States Courts shall reimburse the United States Marshals Service
rather than the Department of Homeland Security.
Sec. 306. (a) Section 203(c) of the Judicial Improvements Act of
1990 (Public Law 101-650; 28 U.S.C. 133 note), is amended in the second
sentence (relating to the District of Kansas) following paragraph (12),
by striking ``25 years and 6 months'' and inserting ``26 years and 6
months''.
(b) Section 406 of the Transportation, Treasury, Housing and Urban
Development, the Judiciary, the District of Columbia, and Independent
Agencies Appropriations Act, 2006 (Public Law 109-115; 119 Stat. 2470;
28 U.S.C. 133 note) is amended in the second sentence (relating to the
eastern District of Missouri) by striking ``23 years and 6 months'' and
inserting ``24 years and 6 months''.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107-273; 28 U.S.C. 133
note), is amended--
(1) in the first sentence by striking ``14 years'' and
inserting ``15 years'';
(2) in the second sentence (relating to the central District
of California), by striking ``13 years and 6 months'' and
inserting ``14 years and 6 months''; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ``12 years'' and inserting ``13
years''.
Sec. 307. (a) <<NOTE: Time periods.>> Section 2(a)(2)(A) of the
Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152
note; Public Law 112-121) is amended by striking ``subparagraphs (B),
(C), (D), and (E)'' and inserting ``subparagraphs (B), (C), (D), (E),
(F), (G), and (H)''.
(b) Section 2(a)(2) of the Temporary Bankruptcy Judgeships Extension
Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is amended by
adding at the end the following:
``(F) Eastern district of michigan.--The 1st vacancy
in the office of a bankruptcy judge for the eastern
district of Michigan--
``(i) occurring 6 years or more after the date
of the enactment of this Act, and
``(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
``(G) District of puerto rico.--The 1st vacancy in
the office of a bankruptcy judge for the district of
Puerto Rico--
``(i) occurring 6 years or more after the date
of the enactment of this Act, and
``(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.
``(H) Eastern district of virginia.--The 1st vacancy
in the office of a bankruptcy judge for the eastern
district of Virginia--
``(i) occurring 6 years or more after the date
of the enactment of this Act, and
[[Page 131 STAT. 348]]
``(ii) resulting from the death, retirement,
resignation, or removal of a bankruptcy judge,
shall not be filled.''.
(c) Section 2(a)(2)(C) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is
amended--
(1) by redesignating clauses (i) and (ii) as clauses (ii)
and (iii), respectively;
(2) by inserting before clause (ii), as so redesignated, the
following:
``(i) in the case of the 1st and 2d vacancies,
occurring more than 6 years after the date of the
enactment of this Act,''; and
(3) in clause (ii), as so redesignated, by inserting ``in
the case of the 3d and 4th vacancies,'' before ``occurring more
than 5 years''.
(d) Section 2(a)(2)(D)(i) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112-121) is
amended (with regard to the 1st and 2d vacancies in the southern
district of Florida) by striking ``5 years'' and inserting ``6 years''.
This title may be cited as the ``Judiciary Appropriations Act,
2017''.
TITLE IV <<NOTE: District of Columbia Appropriations Act, 2017.>>
DISTRICT OF COLUMBIA
Federal Funds
federal payment for resident tuition support
For a Federal payment to the District of Columbia, to be deposited
into a dedicated account, for a nationwide program to be administered by
the Mayor, for District of Columbia resident tuition support,
$40,000,000, to remain available until expended: Provided, That such
funds, including any interest accrued thereon, may be used on behalf of
eligible District of Columbia residents to pay an amount based upon the
difference between in-State and out-of-State tuition at public
institutions of higher education, or to pay up to $2,500 each year at
eligible private institutions of higher education: Provided further,
That the awarding of such funds may be prioritized on the basis of a
resident's academic merit, the income and need of eligible students and
such other factors as may be authorized: Provided further, That the
District of Columbia government shall maintain a dedicated account for
the Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years, and
any interest earned in this or any fiscal year: Provided further, That
the account shall be under the control of the District of Columbia Chief
Financial Officer, who shall use those funds solely for the purposes of
carrying out the Resident Tuition Support Program: Provided further,
That <<NOTE: Reports.>> the Office of the Chief Financial Officer shall
provide a quarterly financial report to the Committees on Appropriations
of the House of Representatives and the Senate for these funds showing,
by object class, the expenditures made and the purpose therefor.
[[Page 131 STAT. 349]]
federal payment for emergency planning and security costs in the
district of columbia
For <<NOTE: Determination. Consultation.>> a Federal payment of
necessary expenses, as determined by the Mayor of the District of
Columbia in written consultation with the elected county or city
officials of surrounding jurisdictions, $34,895,000, to remain available
until expended, for the costs of providing public safety at events
related to the presence of the National Capital in the District of
Columbia, including support requested by the Director of the United
States Secret Service in carrying out protective duties under the
direction of the Secretary of Homeland Security, and for the costs of
providing support to respond to immediate and specific terrorist threats
or attacks in the District of Columbia or surrounding jurisdictions:
Provided, That, of the amount provided under this heading, $19,995,000
shall be used for costs associated with the Presidential Inauguration.
federal payment to the district of columbia courts
For salaries and expenses for the District of Columbia Courts,
$274,611,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,359,000, of which not to exceed $2,500 is for
official reception and representation expenses; for the Superior Court
of the District of Columbia, $125,380,000, of which not to exceed $2,500
is for official reception and representation expenses; for the District
of Columbia Court System, $75,184,000, of which not to exceed $2,500 is
for official reception and representation expenses; and $59,688,000, to
remain available until September 30, 2018, for capital improvements for
District of Columbia courthouse facilities: Provided, That funds made
available for capital improvements shall be expended consistent with the
District of Columbia Courts master plan study and facilities condition
assessment: Provided further, That <<NOTE: Time period.>>
notwithstanding any other provision of law, all amounts under this
heading shall be apportioned quarterly by the Office of Management and
Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of other Federal agencies:
Provided further, <<NOTE: Deadline. Notification.>> That 30 days after
providing written notice to the Committees on Appropriations of the
House of Representatives and the Senate, the District of Columbia Courts
may reallocate not more than $6,000,000 of the funds provided under this
heading among the items and entities funded under this heading:
Provided further, That <<NOTE: Regulations.>> the Joint Committee on
Judicial Administration in the District of Columbia may, by regulation,
establish a program substantially similar to the program set forth in
subchapter II of chapter 35 of title 5, United States Code, for
employees of the District of Columbia Courts.
federal payment for defender services in district of columbia courts
For payments authorized under section 11-2604 and section 11-2605,
D.C. Official Code (relating to representation provided under the
District of Columbia Criminal Justice Act), payments for counsel
appointed in proceedings in the Family Court of the Superior Court of
the District of Columbia under chapter 23 of title 16, D.C. Official
Code, or pursuant to contractual agreements to provide guardian ad litem
representation, training, technical
[[Page 131 STAT. 350]]
assistance, and such other services as are necessary to improve the
quality of guardian ad litem representation, payments for counsel
appointed in adoption proceedings under chapter 3 of title 16, D.C.
Official Code, and payments authorized under section 21-2060, D.C.
Official Code (relating to services provided under the District of
Columbia Guardianship, Protective Proceedings, and Durable Power of
Attorney Act of 1986), $49,890,000, to remain available until expended:
Provided, That funds provided under this heading shall be administered
by the Joint Committee on Judicial Administration in the District of
Columbia: Provided further, <<NOTE: Time period.>> That,
notwithstanding any other provision of law, this appropriation shall be
apportioned quarterly by the Office of Management and Budget and
obligated and expended in the same manner as funds appropriated for
expenses of other Federal agencies.
federal payment to the court services and offender supervision agency
for the district of columbia
For salaries and expenses, including the transfer and hire of motor
vehicles, of the Court Services and Offender Supervision Agency for the
District of Columbia, as authorized by the National Capital
Revitalization and Self-Government Improvement Act of 1997,
$248,008,000, of which not to exceed $2,000 is for official reception
and representation expenses related to Community Supervision and
Pretrial Services Agency programs, of which not to exceed $25,000 is for
dues and assessments relating to the implementation of the Court
Services and Offender Supervision Agency Interstate Supervision Act of
2002; of which $182,721,000 shall be for necessary expenses of Community
Supervision and Sex Offender Registration, to include expenses relating
to the supervision of adults subject to protection orders or the
provision of services for or related to such persons; and of which
$65,287,000 shall be available to the Pretrial Services Agency, of which
up to $1,800,000 shall remain available until September 30, 2018, for
information technology requirements associated with the establishment of
a comprehensive in-house synthetics testing program:
Provided, <<NOTE: Time period.>> That notwithstanding any other
provision of law, all amounts under this heading shall be apportioned
quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries and
expenses of other Federal agencies: Provided further, That amounts
under this heading may be used for programmatic incentives for
defendants to successfully complete their terms of supervision.
federal payment to the district of columbia public defender service
For salaries and expenses, including the transfer and hire of motor
vehicles, of the District of Columbia Public Defender Service, as
authorized by the National Capital Revitalization and Self-Government
Improvement Act of 1997, $41,829,000: Provided, That <<NOTE: Time
period.>> notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of Management
and Budget and obligated and expended in the same manner as funds
appropriated for salaries and expenses of Federal agencies.
[[Page 131 STAT. 351]]
federal payment to the district of columbia water and sewer authority
For a Federal payment to the District of Columbia Water and Sewer
Authority, $14,000,000, to remain available until expended, to continue
implementation of the Combined Sewer Overflow Long-Term Plan: Provided,
That the District of Columbia Water and Sewer Authority provides a 100
percent match for this payment.
federal payment to the criminal justice coordinating council
For a Federal payment to the Criminal Justice Coordinating Council,
$2,000,000, to remain available until expended, to support initiatives
related to the coordination of Federal and local criminal justice
resources in the District of Columbia.
federal payment for judicial commissions
For a Federal payment, to remain available until September 30, 2018,
to the Commission on Judicial Disabilities and Tenure, $310,000, and for
the Judicial Nomination Commission, $275,000.
federal payment for school improvement
For a Federal payment for a school improvement program in the
District of Columbia, $45,000,000, to remain available until expended,
for payments authorized under the Scholarship for Opportunity and
Results Act (division C of Public Law 112-10): Provided, That, to the
extent that funds are available for opportunity scholarships and
following the priorities included in section 3006 of such Act, the
Secretary of Education shall make scholarships available to students
eligible under section 3013(3) of such Act (Public Law 112-10; 125 Stat.
211) including students who were not offered a scholarship during any
previous school year: Provided further, That within funds provided for
opportunity scholarships $3,200,000 shall be for the activities
specified in sections 3007(b) through 3007(d) and 3009 of the Act.
federal payment for the district of columbia national guard
For a Federal payment to the District of Columbia National Guard,
$450,000, to remain available until expended for the Major General David
F. Wherley, Jr. District of Columbia National Guard Retention and
College Access Program.
federal payment for testing and treatment of hiv/aids
For a Federal payment to the District of Columbia for the testing of
individuals for, and the treatment of individuals with, human
immunodeficiency virus and acquired immunodeficiency syndrome in the
District of Columbia, $5,000,000.
District of Columbia Funds
Local funds are appropriated for the District of Columbia for the
current fiscal year out of the General Fund of the District of Columbia
(``General Fund'') for programs and activities set forth under the
heading ``Part A--Summary of Expenses'' and at the
[[Page 131 STAT. 352]]
rate set forth under such heading, as included in D.C. Bill 21-668, as
amended as of the date of the enactment of this Act: Provided, That
notwithstanding any other provision of law, except as provided in
section 450A of the District of Columbia Home Rule Act (section 1-
204.50a, D.C. Official Code), sections 816 and 817 of the Financial
Services and General Government Appropriations Act, 2009 (secs. 47-
369.01 and 47-369.02, D.C. Official Code), and provisions of this Act,
the total amount appropriated in this Act for operating expenses for the
District of Columbia for fiscal year 2017 under this heading shall not
exceed the estimates included in D.C. Bill 21-668, as amended as of the
date of the enactment of this Act, or the sum of the total revenues of
the District of Columbia for such fiscal year: Provided further, That
the amount appropriated may be increased by proceeds of one-time
transactions, which are expended for emergency or unanticipated
operating or capital needs: Provided further, <<NOTE: Compliance.>>
That such increases shall be approved by enactment of local District law
and shall comply with all reserve requirements contained in the District
of Columbia Home Rule Act: Provided further, That the Chief Financial
Officer of the District of Columbia shall take such steps as are
necessary to assure that the District of Columbia meets these
requirements, including the apportioning by the Chief Financial Officer
of the appropriations and funds made available to the District during
fiscal year 2017, except that the Chief Financial Officer may not
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
This title may be cited as the ``District of Columbia Appropriations
Act, 2017''.
TITLE V
INDEPENDENT AGENCIES
Administrative Conference of the United States
salaries and expenses
For necessary expenses of the Administrative Conference of the
United States, authorized by 5 U.S.C. 591 et seq., $3,100,000, to remain
available until September 30, 2018, of which not to exceed $1,000 is for
official reception and representation expenses.
Commodity Futures Trading Commission
For necessary expenses to carry out the provisions of the Commodity
Exchange Act (7 U.S.C. 1 et seq.), including the purchase and hire of
passenger motor vehicles, and the rental of space (to include multiple
year leases), in the District of Columbia and elsewhere, $250,000,000,
including not to exceed $3,000 for official reception and representation
expenses, and not to exceed $25,000 for the expenses for consultations
and meetings hosted by the Commission with foreign governmental and
other regulatory officials, of which not less than $50,000,000, to
remain available until September 30, 2018, shall be for the purchase of
information technology and of which not less than $2,700,000 shall be
for expenses of the Office of the Inspector General: Provided, That
notwithstanding the limitations in 31 U.S.C. 1553, amounts provided
under
[[Page 131 STAT. 353]]
this heading are available for the liquidation of obligations equal to
current year payments on leases entered into prior to the date of
enactment of this Act: Provided further, That for the purpose of
recording and liquidating any lease obligations that should have been
recorded and liquidated against accounts closed pursuant to 31 U.S.C.
1552, and consistent with the preceding proviso, such amounts shall be
transferred to and recorded in a new no-year account in the Treasury,
which may be established for the sole purpose of recording adjustments
for and liquidating such unpaid obligations.
Consumer Product Safety Commission
salaries and expenses
For necessary expenses of the Consumer Product Safety Commission,
including hire of passenger motor vehicles, services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the maximum rate payable under 5 U.S.C. 5376,
purchase of nominal awards to recognize non-Federal officials'
contributions to Commission activities, and not to exceed $4,000 for
official reception and representation expenses, $126,000,000, of which
$1,300,000 shall remain available until expended to carry out the
program, including administrative costs, required by section 1405 of the
Virginia Graeme Baker Pool and Spa Safety Act (Public Law 110-140; 15
U.S.C. 8004).
administrative provision--consumer product safety commission
Sec. 501. During <<NOTE: Time period.>> fiscal year 2017, none of
the amounts made available by this Act may be used to finalize or
implement the Safety Standard for Recreational Off-Highway Vehicles
published by the Consumer Product Safety Commission in the Federal
Register on November 19, 2014 (79 Fed. Reg. 68964) until after--
(1) <<NOTE: Consultation. Study. Determination.>> the
National Academy of Sciences, in consultation with the National
Highway Traffic Safety Administration and the Department of
Defense, completes a study to determine--
(A) the technical validity of the lateral stability
and vehicle handling requirements proposed by such
standard for purposes of reducing the risk of
Recreational Off-Highway Vehicle (referred to in this
section as ``ROV'') rollovers in the off-road
environment, including the repeatability and
reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be
prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the
proposal to provide information on a point-of-sale
hangtag about a ROV's rollover resistance on a
progressive scale; and
(D) the effect on the utility of ROVs used by the
United States military if the proposed requirements were
adopted; and
(2) <<NOTE: Reports.>> a report containing the results of
the study completed under paragraph (1) is delivered to--
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
[[Page 131 STAT. 354]]
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House of
Representatives.
Election Assistance Commission
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out the Help America Vote Act of
2002 (Public Law 107-252), $9,600,000, of which $1,400,000 shall be
transferred to the National Institute of Standards and Technology for
election reform activities authorized under the Help America Vote Act of
2002.
Federal Communications Commission
salaries and expenses
For necessary expenses of the Federal Communications Commission, as
authorized by law, including uniforms and allowances therefor, as
authorized by 5 U.S.C. 5901-5902; not to exceed $4,000 for official
reception and representation expenses; purchase and hire of motor
vehicles; special counsel fees; and services as authorized by 5 U.S.C.
3109, $339,844,000, to remain available until expended: Provided, That
in addition, $16,866,992 shall be made available until expended for
necessary expenses associated with moving to a new facility or
reconfiguring the existing space to significantly reduce space
consumption: Provided further, That $356,710,992 of offsetting
collections shall be assessed and collected pursuant to section 9 of
title I of the Communications Act of 1934, shall be retained and used
for necessary expenses and shall remain available until expended:
Provided further, That the sum herein appropriated shall be reduced as
such offsetting collections are received during fiscal year 2017 so as
to result in a final fiscal year 2017 appropriation estimated at $0:
Provided further, That any offsetting collections received in excess of
$356,710,992 in fiscal year 2017 shall not be available for obligation:
Provided further, That remaining offsetting collections from prior years
collected in excess of the amount specified for collection in each such
year and otherwise becoming available on October 1, 2016, shall not be
available for obligation: Provided further, That, notwithstanding 47
U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding
system that may be retained and made available for obligation shall not
exceed $117,000,000 for fiscal year 2017: Provided further, That, of
the amount appropriated under this heading, not less than $11,751,000
shall be for the salaries and expenses of the Office of Inspector
General.
[[Page 131 STAT. 355]]
administrative provisions--federal communications commission
Sec. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act <<NOTE: 118 Stat. 3998.>> is amended by
striking ``December 31, 2017'', each place it appears and inserting
``December 31, 2018''.
Sec. 511. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change its
rules or regulations for universal service support payments to implement
the February 27, 2004 recommendations of the Federal-State Joint Board
on Universal Service regarding single connection or primary line
restrictions on universal service support payments.
Federal Deposit Insurance Corporation
office of the inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$35,958,000, to be derived from the Deposit Insurance Fund or, only when
appropriate, the FSLIC Resolution Fund.
Federal Election Commission
salaries and expenses
For necessary expenses to carry out the provisions of the Federal
Election Campaign Act of 1971, $79,119,000, of which $8,000,000 shall
remain available until September 30, 2018, for lease expiration and
replacement lease expenses; and of which not to exceed $5,000 shall be
available for reception and representation expenses.
Federal Labor Relations Authority
salaries and expenses
For necessary expenses to carry out functions of the Federal Labor
Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978,
and the Civil Service Reform Act of 1978, including services authorized
by 5 U.S.C. 3109, and including hire of experts and consultants, hire of
passenger motor vehicles, and including official reception and
representation expenses (not to exceed $1,500) and rental of conference
rooms in the District of Columbia and elsewhere, $26,200,000: Provided,
That public members of the Federal Service Impasses Panel may be paid
travel expenses and per diem in lieu of subsistence as authorized by law
(5 U.S.C. 5703) for persons employed intermittently in the Government
service, and compensation as authorized by 5 U.S.C. 3109: Provided
further, That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account, to be
available without further appropriation for the costs of carrying out
these conferences.
[[Page 131 STAT. 356]]
Federal Trade Commission
salaries and expenses
For necessary expenses of the Federal Trade Commission, including
uniforms or allowances therefor, as authorized by 5 U.S.C. 5901-5902;
services as authorized by 5 U.S.C. 3109; hire of passenger motor
vehicles; and not to exceed $2,000 for official reception and
representation expenses, $313,000,000, to remain available until
expended: Provided, That not to exceed $300,000 shall be available for
use to contract with a person or persons for collection services in
accordance with the terms of 31 U.S.C. 3718: Provided further, That,
notwithstanding any other provision of law, not to exceed $125,000,000
of offsetting collections derived from fees collected for premerger
notification filings under the Hart-Scott-Rodino Antitrust Improvements
Act of 1976 (15 U.S.C. 18a), regardless of the year of collection, shall
be retained and used for necessary expenses in this appropriation:
Provided further, That, notwithstanding any other provision of law, not
to exceed $15,000,000 in offsetting collections derived from fees
sufficient to implement and enforce the Telemarketing Sales Rule,
promulgated under the Telemarketing and Consumer Fraud and Abuse
Prevention Act (15 U.S.C. 6101 et seq.), shall be credited to this
account, and be retained and used for necessary expenses in this
appropriation: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections are
received during fiscal year 2017, so as to result in a final fiscal year
2017 appropriation from the general fund estimated at not more than
$173,000,000: Provided further, That none of the funds made available
to the Federal Trade Commission may be used to implement subsection
(e)(2)(B) of section 43 of the Federal Deposit Insurance Act (12 U.S.C.
1831t).
General Services Administration
real property activities
federal buildings fund
limitations on availability of revenue
(including transfers of funds)
Amounts in the Fund, including revenues and collections deposited
into the Fund, shall be available for necessary expenses of real
property management and related activities not otherwise provided for,
including operation, maintenance, and protection of federally owned and
leased buildings; rental of buildings in the District of Columbia;
restoration of leased premises; moving governmental agencies (including
space adjustments and telecommunications relocation expenses) in
connection with the assignment, allocation, and transfer of space;
contractual services incident to cleaning or servicing buildings, and
moving; repair and alteration of federally owned buildings, including
grounds, approaches, and appurtenances; care and safeguarding of sites;
maintenance, preservation, demolition, and equipment; acquisition of
buildings and sites by purchase, condemnation, or as otherwise
authorized by law; acquisition of options to purchase buildings and
sites; conversion and
[[Page 131 STAT. 357]]
extension of federally owned buildings; preliminary planning and design
of projects by contract or otherwise; construction of new buildings
(including equipment for such buildings); and payment of principal,
interest, and any other obligations for public buildings acquired by
installment purchase and purchase contract; in the aggregate amount of
$8,845,147,000, of which--
(1) $205,749,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) National Capital Region, FBI Headquarters
Consolidation, $200,000,000;
(B) Pembina, North Dakota, United States Department
of Agriculture (USDA) Animal and Plant Health Inspection
Service (APHIS), $5,749,000:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but not
to exceed 10 percent of the amounts included in a transmitted
prospectus, if required, unless advance approval is obtained
from the Committees on Appropriations of a greater amount;
(2) $676,035,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which--
(A) $289,245,000 is for Major Repairs and
Alterations;
(B) $312,090,000 is for Basic Repairs and
Alterations; and
(C) $74,700,000 is for Special Emphasis Programs, of
which--
(i) $26,700,000 is for Judiciary Capital
Security; and
(ii) $48,000,000 is for Consolidation
Activities: Provided, That consolidation projects
result in reduced annual rent paid by the tenant
agency: Provided further, That no consolidation
project exceed $10,000,000 in costs: Provided
further, That consolidation projects are approved
by each of the committees specified in section
3307(a) of title 40, United States Code: Provided
further, That preference is given to consolidation
projects that achieve a utilization rate of 130
usable square feet or less per person for office
space: Provided
further, <<NOTE: Deadline. Spending
plan. Estimate.>> That the obligation of funds
under this paragraph for consolidation activities
may not be made until 10 days after a proposed
spending plan and explanation for each project to
be undertaken, including estimated savings, has
been submitted to the Committees on Appropriations
of the House of Representatives and the Senate:
Provided, <<NOTE: Advance approval.>> That funds made
available in this or any previous Act in the Federal Buildings
Fund for Repairs and Alterations shall, for prospectus projects,
be limited to the amount identified for each project, except
each project in this or any previous Act may be increased by an
amount not to exceed 10 percent unless advance approval is
obtained from the Committees on Appropriations of a greater
amount: Provided further, <<NOTE: Advanced approval.>> That
additional projects for which prospectuses have been fully
[[Page 131 STAT. 358]]
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any prior
Act for ``Repairs and Alterations'' may be used to fund costs
associated with implementing security improvements to buildings
necessary to meet the minimum standards for security in
accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of the
House and Senate: Provided further, That the difference between
the funds appropriated and expended on any projects in this or
any prior Act, under the heading ``Repairs and Alterations'',
may be transferred to Basic Repairs and Alterations or used to
fund authorized increases in prospectus projects: Provided
further, That the amount provided in this or any prior Act for
Basic Repairs and Alterations may be used to pay claims against
the Government arising from any projects under the heading
``Repairs and Alterations'' or used to fund authorized increases
in prospectus projects;
(3) $5,628,363,000 for rental of space to remain available
until expended; and
(4) $2,335,000,000 for building operations to remain
available until expended, of which $1,184,240,000 is for
building services, and $1,150,760,000 is for salaries and
expenses: Provided, That <<NOTE: Notification.>> not to exceed
5 percent of any appropriation made available under this
paragraph for building operations may be transferred between and
merged with such appropriations upon notification to the
Committees on Appropriations of the House of Representatives and
the Senate, but no such appropriation shall be increased by more
than 5 percent by any such transfers: Provided further, That
section 521 of this title shall not apply with respect to funds
made available under this heading for building operations:
Provided further, That the total amount of funds made available
from this Fund to the General Services Administration shall not
be available for expenses of any construction, repair,
alteration and acquisition project for which a prospectus, if
required by 40 U.S.C. 3307(a), has not been approved, except
that necessary funds may be expended for each project for
required expenses for the development of a proposed prospectus:
Provided further, <<NOTE: Advance approval.>> That funds
available in the Federal Buildings Fund may be expended for
emergency repairs when advance approval is obtained from the
Committees on Appropriations: Provided further, That amounts
necessary to provide reimbursable special services to other
agencies under 40 U.S.C. 592(b)(2) and amounts to provide such
reimbursable fencing, lighting, guard booths, and other
facilities on private or other property not in Government
ownership or control as may be appropriate to enable the United
States Secret Service to perform its protective functions
pursuant to 18 U.S.C. 3056, shall be available from such
revenues and collections: Provided further, That revenues and
collections and any other sums accruing to this Fund during
fiscal year 2017, excluding reimbursements under 40 U.S.C.
592(b)(2), in excess of the aggregate new obligational authority
authorized for Real Property Activities of the Federal Buildings
Fund in this Act shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations
Acts.
[[Page 131 STAT. 359]]
general activities
government-wide policy
For expenses authorized by law, not otherwise provided for, for
Government-wide policy and evaluation activities associated with the
management of real and personal property assets and certain
administrative services; Government-wide policy support responsibilities
relating to acquisition, travel, motor vehicles, information technology
management, and related technology activities; and services as
authorized by 5 U.S.C. 3109; $60,000,000, of which $1,000,000 shall
remain available until September 30, 2018.
operating expenses
(including transfer of funds)
For expenses authorized by law, not otherwise provided for, for
Government-wide activities associated with utilization and donation of
surplus personal property; disposal of real property; agency-wide policy
direction, management, and communications; the Civilian Board of
Contract Appeals; and services as authorized by 5 U.S.C. 3109;
$58,541,000, of which $25,869,000 is for Real and Personal Property
Management and Disposal; $23,397,000 is for the Office of the
Administrator, of which not to exceed $7,500 is for official reception
and representation expenses; and $9,275,000 is for the Civilian Board of
Contract Appeals: Provided, <<NOTE: Notification.>> That not to exceed
5 percent of the appropriation made available under this heading for
Office of the Administrator may be transferred to the appropriation for
the Real and Personal Property Management and Disposal upon notification
to the Committees on Appropriations of the House of Representatives and
the Senate, but the appropriation for the Real and Personal Property
Management and Disposal may not be increased by more than 5 percent by
any such transfer.
office of inspector general
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000: Provided, That not to
exceed $50,000 shall be available for payment for information and
detection of fraud against the Government, including payment for
recovery of stolen Government property: Provided further, That not to
exceed $2,500 shall be available for awards to employees of other
Federal agencies and private citizens in recognition of efforts and
initiatives resulting in enhanced Office of Inspector General
effectiveness.
allowances and office staff for former presidents
For carrying out the provisions of the Act of August 25, 1958 (3
U.S.C. 102 note), and Public Law 95-138, $3,865,000.
[[Page 131 STAT. 360]]
expenses, presidential transition
(including transfer of funds)
For necessary expenses to carry out the Presidential Transition Act
of 1963, as amended, $9,500,000, of which not to exceed $1,000,000 is
for activities authorized by subsections 3(a)(8) and 3(a)(9) of the Act:
Provided, That such amounts may be transferred and credited to the
``Acquisition Services Fund'' or ``Federal Buildings Fund'' to reimburse
obligations incurred prior to enactment of this Act for the purposes
provided herein related to the Presidential election in 2016: Provided
further, That amounts available under this heading shall be in addition
to any other amounts available for such purposes.
federal citizen services fund
(including transfers of funds)
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C. 323
and 44 U.S.C. 3604; and for necessary expenses in support of interagency
projects that enable the Federal Government to enhance its ability to
conduct activities electronically, through the development and
implementation of innovative uses of information technology;
$55,894,000, to be deposited into the Federal Citizen Services Fund:
Provided, That the previous amount may be transferred to Federal
agencies to carry out the purpose of the Federal Citizen Services Fund:
Provided further, That the appropriations, revenues, reimbursements, and
collections deposited into the Fund shall be available until expended
for necessary expenses of Federal Citizen Services and other activities
that enable the Federal Government to enhance its ability to conduct
activities electronically in the aggregate amount not to exceed
$100,000,000: Provided further, That appropriations, revenues,
reimbursements, and collections accruing to this Fund during fiscal year
2017 in excess of such amount shall remain in the Fund and shall not be
available for expenditure except as authorized in appropriations Acts:
Provided further, That any appropriations provided to the Electronic
Government Fund that remain unobligated may be transferred to the
Federal Citizen Services Fund: Provided further, That the transfer
authorities provided herein shall be in addition to any other transfer
authority provided in this Act.
administrative provisions--general services administration
(including rescission and transfer of funds)
Sec. 520. Funds available to the General Services Administration
shall be available for the hire of passenger motor vehicles.
Sec. 521. Funds in the Federal Buildings Fund made available for
fiscal year 2017 for Federal Buildings Fund activities may be
transferred between such activities only to the extent necessary to meet
program requirements: Provided, That any proposed transfers shall be
approved in advance by the Committees on Appropriations of the House of
Representatives and the Senate.
Sec. 522. Except as otherwise provided in this title, funds made
available by this Act shall be used to transmit a fiscal year
[[Page 131 STAT. 361]]
2018 request for United States Courthouse construction only if the
request: (1) meets the design guide standards for construction as
established and approved by the General Services Administration, the
Judicial Conference of the United States, and the Office of Management
and Budget; (2) reflects the priorities of the Judicial Conference of
the United States as set out in its approved Courthouse Project
Priorities plan; and (3) includes a standardized courtroom utilization
study of each facility to be constructed, replaced, or expanded.
Sec. 523. None of the funds provided in this Act may be used to
increase the amount of occupiable square feet, provide cleaning
services, security enhancements, or any other service usually provided
through the Federal Buildings Fund, to any agency that does not pay the
rate per square foot assessment for space and services as determined by
the General Services Administration in consideration of the Public
Buildings Amendments Act of 1972 (Public Law 92-313).
Sec. 524. From funds made available under the heading Federal
Buildings Fund, Limitations on Availability of Revenue, claims against
the Government of less than $250,000 arising from direct construction
projects and acquisition of buildings may be liquidated from savings
effected in other construction projects with prior notification to the
Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 525. In <<NOTE: Determination.>> any case in which the
Committee on Transportation and Infrastructure of the House of
Representatives and the Committee on Environment and Public Works of the
Senate adopt a resolution granting lease authority pursuant to a
prospectus transmitted to Congress by the Administrator of the General
Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to the
delineated area included in the prospectus for all lease agreements,
except that, if the Administrator determines that the delineated area of
the procurement should not be identical to the delineated area included
in the prospectus, the Administrator shall provide an explanatory
statement to each of such committees and the Committees on
Appropriations of the House of Representatives and the Senate prior to
exercising any lease authority provided in the resolution.
Sec. 526. With <<NOTE: Deadline.>> respect to each project funded
under the heading ``Major Repairs and Alterations'' or ``Judiciary
Capital Security Program'', and with respect to E-Government projects
funded under the heading ``Federal Citizen Services Fund'', the
Administrator of General Services shall submit a spending plan and
explanation for each project to be undertaken to the Committees on
Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act.
Sec. 527. The unobligated balance of the amount provided for the
National Capital Region, Civilian Cyber Campus in subparagraph (D) of
paragraph (1) under the heading ``General Services Administration--
Federal Buildings Fund'' in Public Law 113-235 is hereby rescinded, and
the unobligated balance of the aggregate amounts provided in such
paragraph and in the matter preceding such paragraph are reduced
accordingly.
[[Page 131 STAT. 362]]
Harry S Truman Scholarship Foundation
salaries and expenses
For payment to the Harry S Truman Scholarship Foundation Trust Fund,
established by section 10 of Public Law 93-642, $1,000,000, to remain
available until expended.
Merit Systems Protection Board
salaries and expenses
(including transfer of funds)
For necessary expenses to carry out functions of the Merit Systems
Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978, and the Whistleblower Protection Act
of 1989 (5 U.S.C. 5509 note), including services as authorized by 5
U.S.C. 3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, direct procurement of
survey printing, and not to exceed $2,000 for official reception and
representation expenses, $44,786,000, to remain available until
September 30, 2018, and in addition not to exceed $2,345,000, to remain
available until September 30, 2018, for administrative expenses to
adjudicate retirement appeals to be transferred from the Civil Service
Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
Morris K. Udall and Stewart L. Udall Foundation
morris k. udall and stewart l. udall trust fund
(including transfer of funds)
For payment to the Morris K. Udall and Stewart L. Udall Trust Fund,
pursuant to the Morris K. Udall and Stewart L. Udall Foundation Act (20
U.S.C. 5601 et seq.), $1,895,000, to remain available until expended, of
which, notwithstanding sections 8 and 9 of such Act: (1) up to $50,000
shall be used to conduct financial audits pursuant to the Accountability
of Tax Dollars Act of 2002 (Public Law 107-289); and (2) up to
$1,000,000 shall be available to carry out the activities authorized by
section 6(7) of Public Law 102-259 and section 817(a) of Public Law 106-
568 (20 U.S.C. 5604(7)): Provided, That of the total amount made
available under this heading $200,000 shall be transferred to the Office
of Inspector General of the Department of the Interior, to remain
available until expended, for audits and investigations of the Morris K.
Udall and Stewart L. Udall Foundation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
environmental dispute resolution fund
For payment to the Environmental Dispute Resolution Fund to carry
out activities authorized in the Environmental Policy and Conflict
Resolution Act of 1998, $3,249,000, to remain available until expended.
[[Page 131 STAT. 363]]
National Archives and Records Administration
operating expenses
For necessary expenses in connection with the administration of the
National Archives and Records Administration and archived Federal
records and related activities, as provided by law, and for expenses
necessary for the review and declassification of documents, the
activities of the Public Interest Declassification Board, the operations
and maintenance of the electronic records archives, the hire of
passenger motor vehicles, and for uniforms or allowances therefor, as
authorized by law (5 U.S.C. 5901), including maintenance, repairs, and
cleaning, $380,634,000.
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act of 2008,
Public Law 110-409, 122 Stat. 4302-16 (2008), and the Inspector General
Act of 1978 (5 U.S.C. App.), and for the hire of passenger motor
vehicles, $4,801,000.
repairs and restoration
For the repair, alteration, and improvement of archives facilities,
and to provide adequate storage for holdings, $7,500,000, to remain
available until expended.
national historical publications and records commission
grants program
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504, $6,000,000, to
remain available until expended.
National Credit Union Administration
community development revolving loan fund
For the Community Development Revolving Loan Fund program as
authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000 shall be
available until September 30, 2018, for technical assistance to low-
income designated credit unions.
Office of Government Ethics
salaries and expenses
For necessary expenses to carry out functions of the Office of
Government Ethics pursuant to the Ethics in Government Act of 1978, the
Ethics Reform Act of 1989, and the Stop Trading on Congressional
Knowledge Act of 2012, including services as authorized by 5 U.S.C.
3109, rental of conference rooms in the District of Columbia and
elsewhere, hire of passenger motor vehicles, and not to exceed $1,500
for official reception and representation expenses, $16,090,000.
[[Page 131 STAT. 364]]
Office of Personnel Management
salaries and expenses
(including transfer of trust funds)
For necessary expenses to carry out functions of the Office of
Personnel Management (OPM) pursuant to Reorganization Plan Numbered 2 of
1978 and the Civil Service Reform Act of 1978, including services as
authorized by 5 U.S.C. 3109; medical examinations performed for veterans
by private physicians on a fee basis; rental of conference rooms in the
District of Columbia and elsewhere; hire of passenger motor vehicles;
not to exceed $2,500 for official reception and representation expenses;
advances for reimbursements to applicable funds of OPM and the Federal
Bureau of Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem or
subsistence allowances to employees where Voting Rights Act activities
require an employee to remain overnight at his or her post of duty,
$119,000,000: Provided, That of the total amount made available under
this heading, not to exceed $11,000,000 shall remain available until
September 30, 2018, for the operation and strengthening of the security
of OPM legacy and Shell environment IT systems and the modernization,
migration, and testing of such systems: Provided
further, <<NOTE: Expenditure plan. Consultation.>> That the amount made
available by the previous proviso may not be obligated until the
Director of the Office of Personnel Management submits to the Committees
on Appropriations of the Senate and the House of Representatives a plan
for expenditure of such amount, prepared in consultation with the
Director of the Office of Management and Budget, the Administrator of
the United States Digital Service, and the Secretary of Homeland
Security, that--
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control review
requirements established by the Office of Management and Budget,
including Circular A-11, part 7;
(3) includes a Major IT Business Case under the requirements
established by the Office of Management and Budget Exhibit 300;
(4) <<NOTE: Compliance.>> complies with the acquisition
rules, requirements, guidelines, and systems acquisition
management practices of the Government;
(5) <<NOTE: Compliance.>> complies with all Office of
Management and Budget, Department of Homeland Security and
National Institute of Standards and Technology requirements
related to securing the agency's information system as described
in 44 U.S.C. 3554; and
(6) <<NOTE: Review. Deadline.>> is reviewed and commented
upon within 90 days of plan development by the Inspector General
of the Office of Personnel Management, and such comments are
submitted to the Director of the Office of Personnel Management
before the date of such submission:
Provided further, That, <<NOTE: Deadline. Reports.>> not later than 6
months after the date of enactment of this Act, the Comptroller General
shall submit to the Committees on Appropriations of the Senate and the
House of Representatives a report that--
[[Page 131 STAT. 365]]
(A) evaluates--
(i) the steps taken by the Office of Personnel
Management to prevent, mitigate, and respond to data
breaches involving sensitive personnel records and
information;
(ii) the Office's cybersecurity policies and
procedures in place on the date of enactment of this
Act, including policies and procedures relating to IT
best practices such as data encryption, multifactor
authentication, and continuous monitoring;
(iii) the Office's oversight of contractors
providing IT services; and
(iv) the Office's compliance with government-wide
initiatives to improve cybersecurity; and
(B) sets forth improvements that could be made to assist the
Office of Personnel Management in addressing cybersecurity
challenges:
Provided further, That of the total amount made available under this
heading, $391,000 may be made available for strengthening the capacity
and capabilities of the acquisition workforce (as defined by the Office
of Federal Procurement Policy Act, as amended (41 U.S.C. 4001 et seq.)),
including the recruitment, hiring, training, and retention of such
workforce and information technology in support of acquisition workforce
effectiveness or for management solutions to improve acquisition
management; and in addition $140,000,000 for administrative expenses, to
be transferred from the appropriate trust funds of OPM without regard to
other statutes, including direct procurement of printed materials, for
the retirement and insurance programs: Provided further, That the
provisions of this appropriation shall not affect the authority to use
applicable trust funds as provided by sections 8348(a)(1)(B),
8958(f)(2)(A), 8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United
States Code: Provided further, That no part of this appropriation shall
be available for salaries and expenses of the Legal Examining Unit of
OPM established pursuant to Executive Order No. 9358 of July 1, 1943, or
any successor unit of like purpose: Provided further, That the
President's Commission on White House Fellows, established by Executive
Order No. 11183 of October 3, 1964, may, during fiscal year 2017, accept
donations of money, property, and personal services: Provided further,
That such donations, including those from prior years, may be used for
the development of publicity materials to provide information about the
White House Fellows, except that no such donations shall be accepted for
travel or reimbursement of travel expenses, or for the salaries of
employees of such Commission.
office of inspector general
salaries and expenses
(including transfer of trust funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,072,000, and in addition, not to exceed $25,112,000
for administrative expenses to audit, investigate, and provide other
oversight of the Office of Personnel Management's
[[Page 131 STAT. 366]]
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management, as
determined by the Inspector General: Provided, That the Inspector
General is authorized to rent conference rooms in the District of
Columbia and elsewhere.
Office of Special Counsel
salaries and expenses
For necessary expenses to carry out functions of the Office of
Special Counsel pursuant to Reorganization Plan Numbered 2 of 1978, the
Civil Service Reform Act of 1978 (Public Law 95-454), the Whistleblower
Protection Act of 1989 (Public Law 101-12) as amended by Public Law 107-
304, the Whistleblower Protection Enhancement Act of 2012 (Public Law
112-199), and the Uniformed Services Employment and Reemployment Rights
Act of 1994 (Public Law 103-353), including services as authorized by 5
U.S.C. 3109, payment of fees and expenses for witnesses, rental of
conference rooms in the District of Columbia and elsewhere, and hire of
passenger motor vehicles; $24,750,000.
Postal Regulatory Commission
salaries and expenses
(including transfer of funds)
For necessary expenses of the Postal Regulatory Commission in
carrying out the provisions of the Postal Accountability and Enhancement
Act (Public Law 109-435), $16,200,000, to be derived by transfer from
the Postal Service Fund and expended as authorized by section 603(a) of
such Act.
Privacy and Civil Liberties Oversight Board
salaries and expenses
For necessary expenses of the Privacy and Civil Liberties Oversight
Board, as authorized by section 1061 of the Intelligence Reform and
Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee), $10,100,000, to
remain available until September 30, 2018.
Securities and Exchange Commission
salaries and expenses
For necessary expenses for the Securities and Exchange Commission,
including services as authorized by 5 U.S.C. 3109, the rental of space
(to include multiple year leases) in the District of Columbia and
elsewhere, and not to exceed $3,500 for official reception and
representation expenses, $1,605,000,000, to remain available until
expended; of which not less than $14,700,000 shall be for the Office of
Inspector General; of which not to exceed $75,000 shall be available for
a permanent secretariat for the International Organization of Securities
Commissions; of which not to exceed $100,000 shall be available for
expenses for consultations and meetings hosted by the Commission with
foreign governmental
[[Page 131 STAT. 367]]
and other regulatory officials, members of their delegations and staffs
to exchange views concerning securities matters, such expenses to
include necessary logistic and administrative expenses and the expenses
of Commission staff and foreign invitees in attendance including: (1)
incidental expenses such as meals; (2) travel and transportation; and
(3) related lodging or subsistence; and of which not less than
$72,049,000 shall be for the Division of Economic and Risk Analysis:
Provided, That fees and charges authorized by section 31 of the
Securities Exchange Act of 1934 (15 U.S.C. 78ee) shall be credited to
this account as offsetting collections: Provided further, That not to
exceed $1,605,000,000 of such offsetting collections shall be available
until expended for necessary expenses of this account: Provided
further, That the total amount appropriated under this heading from the
general fund for fiscal year 2017 shall be reduced as such offsetting
fees are received so as to result in a final total fiscal year 2017
appropriation from the general fund estimated at not more than $0.
Selective Service System
salaries and expenses
For necessary expenses of the Selective Service System, including
expenses of attendance at meetings and of training for uniformed
personnel assigned to the Selective Service System, as authorized by 5
U.S.C. 4101-4118 for civilian employees; hire of passenger motor
vehicles; services as authorized by 5 U.S.C. 3109; and not to exceed
$750 for official reception and representation expenses; $22,900,000:
Provided, That during the current fiscal year, the President may exempt
this appropriation from the provisions of 31 U.S.C. 1341, whenever the
President deems such action to be necessary in the interest of national
defense: Provided further, That none of the funds appropriated by this
Act may be expended for or in connection with the induction of any
person into the Armed Forces of the United States.
Small Business Administration
salaries and expenses
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles as
authorized by sections 1343 and 1344 of title 31, United States Code,
and not to exceed $3,500 for official reception and representation
expenses, $269,500,000, of which not less than $12,000,000 shall be
available for examinations, reviews, and other lender oversight
activities: Provided, <<NOTE: Fees.>> That the Administrator is
authorized to charge fees to cover the cost of publications developed by
the Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business Act:
Provided further, That, notwithstanding 31 U.S.C. 3302, revenues
received from all such activities shall be credited to this account, to
remain available until expended, for carrying out these purposes without
further appropriations: Provided further, That the Small Business
Administration may accept gifts in an amount not to exceed $4,000,000
and may co-sponsor activities, each in accordance with section 132(a) of
division K of Public Law 108-447, during fiscal year 2017: Provided
further, That $6,100,000
[[Page 131 STAT. 368]]
shall be available for the Loan Modernization and Accounting System, to
be available until September 30, 2018: Provided further, That
$3,000,000 shall be for the Federal and State Technology Partnership
Program under section 34 of the Small Business Act (15 U.S.C. 657d).
entrepreneurial development programs
For necessary expenses of programs supporting entrepreneurial and
small business development, $245,100,000, to remain available until
September 30, 2018: Provided, That $125,000,000 shall be available to
fund grants for performance in fiscal year 2017 or fiscal year 2018 as
authorized by section 21 of the Small Business Act: Provided further,
That $31,000,000 shall be for marketing, management, and technical
assistance under section 7(m) of the Small Business Act (15 U.S.C.
636(m)(4)) by intermediaries that make microloans under the microloan
program: Provided further, That $18,000,000 shall be available for
grants to States to carry out export programs that assist small business
concerns authorized under section 22(l) of the Small Business Act (15
U.S.C. 649(l)).
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
office of advocacy
For necessary expenses of the Office of Advocacy in carrying out the
provisions of title II of Public Law 94-305 (15 U.S.C. 634a et seq.) and
the Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.),
$9,220,000, to remain available until expended.
business loans program account
(including transfer of funds)
For the cost of direct loans, $4,338,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That subject to section 502 of
the Congressional Budget Act of 1974, during fiscal year 2017
commitments to guarantee loans under section 503 of the Small Business
Investment Act of 1958 shall not exceed $7,500,000,000: Provided
further, That during fiscal year 2017 commitments for general business
loans authorized under section 7(a) of the Small Business Act shall not
exceed $27,500,000,000 for a combination of amortizing term loans and
the aggregated maximum line of credit provided by revolving loans:
Provided further, That during fiscal year 2017 commitments for loans
authorized under subparagraph (C) of section 502(7) of The Small
Business Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2017
commitments to guarantee loans for debentures under section 303(b) of
the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2017,
guarantees of trust certificates authorized by section 5(g) of the
[[Page 131 STAT. 369]]
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry out
the direct and guaranteed loan programs, $152,726,000, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
disaster loans program account
(including transfers of funds)
For administrative expenses to carry out the direct loan program
authorized by section 7(b) of the Small Business Act, $185,977,000, to
be available until expended, of which $1,000,000 is for the Office of
Inspector General of the Small Business Administration for audits and
reviews of disaster loans and the disaster loan programs and shall be
transferred to and merged with the appropriations for the Office of
Inspector General; of which $175,977,000 is for direct administrative
expenses of loan making and servicing to carry out the direct loan
program, which may be transferred to and merged with the appropriations
for Salaries and Expenses; and of which $9,000,000 is for indirect
administrative expenses for the direct loan program, which may be
transferred to and merged with the appropriations for Salaries and
Expenses.
administrative provisions--small business administration
(including rescission and transfer of funds)
Sec. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business
Administration in this Act may be transferred between such
appropriations, but no such appropriation shall be increased by more
than 10 percent by any such transfers: Provided, That any transfer
pursuant to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth in
that section.
Sec. 531. Of the unobligated balances available for the Certified
Development Company Program under section 503 of the Small Business
Investment Act of 1958, as amended, $55,000,000 are hereby permanently
rescinded: Provided, That no amounts may be so rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
United States Postal Service
payment to the postal service fund
For <<NOTE: Continuances.>> payment to the Postal Service Fund for
revenue forgone on free and reduced rate mail, pursuant to subsections
(c) and (d) of section 2401 of title 39, United States Code,
$34,658,000: Provided, That mail for overseas voting and mail for the
blind shall continue to be free: Provided further, That 6-day delivery
and rural delivery of mail shall continue at not less than the 1983
level: Provided further, That none of the funds made available to the
Postal Service by this Act shall be used to implement any
[[Page 131 STAT. 370]]
rule, regulation, or policy of charging any officer or employee of any
State or local child support enforcement agency, or any individual
participating in a State or local program of child support enforcement,
a fee for information requested or provided concerning an address of a
postal customer: Provided further, That none of the funds provided in
this Act shall be used to consolidate or close small rural and other
small post offices.
office of inspector general
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$253,600,000, to be derived by transfer from the Postal Service Fund and
expended as authorized by section 603(b)(3) of the Postal Accountability
and Enhancement Act (Public Law 109-435).
United States Tax Court
salaries and expenses
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,226,000: Provided, That
travel expenses of the judges shall be paid upon the written certificate
of the judge.
TITLE VI
GENERAL PROVISIONS--THIS ACT
(including rescission)
Sec. 601. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 602. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 603. The <<NOTE: Contracts.>> expenditure of any
appropriation under this Act for any consulting service through
procurement contract pursuant to 5 U.S.C. 3109, shall be limited to
those contracts where such expenditures are a matter of public record
and available for public inspection, except where otherwise provided
under existing law, or under existing Executive order issued pursuant to
existing law.
Sec. 604. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 605. None of the funds made available by this Act shall be
available for any activity or for paying the salary of any Government
employee where funding an activity or paying a salary to
[[Page 131 STAT. 371]]
a Government employee would result in a decision, determination, rule,
regulation, or policy that would prohibit the enforcement of section 307
of the Tariff Act of 1930 (19 U.S.C. 1307).
Sec. 606. No <<NOTE: Compliance.>> funds appropriated pursuant to
this Act may be expended by an entity unless the entity agrees that in
expending the assistance the entity will comply with chapter 83 of title
41, United States Code.
Sec. 607. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating chapter 83 of title 41, United States Code.
Sec. 608. Except <<NOTE: Advance approval.>> as otherwise provided
in this Act, none of the funds provided in this Act, provided by
previous appropriations Acts to the agencies or entities funded in this
Act that remain available for obligation or expenditure in fiscal year
2017, or provided from any accounts in the Treasury derived by the
collection of fees and available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted by
the Congress; (4) proposes to use funds directed for a specific activity
by the Committee on Appropriations of either the House of
Representatives or the Senate for a different purpose; (5) augments
existing programs, projects, or activities in excess of $5,000,000 or 10
percent, whichever is less; (6) reduces existing programs, projects, or
activities by $5,000,000 or 10 percent, whichever is less; or (7)
creates or reorganizes offices, programs, or activities unless prior
approval is received from the Committees on Appropriations of the House
of Representatives and the Senate: Provided, <<NOTE: Consultation.>>
That prior to any significant reorganization or restructuring of
offices, programs, or activities, each agency or entity funded in this
Act shall consult with the Committees on Appropriations of the House of
Representatives and the Senate: Provided
further, <<NOTE: Deadline. Reports.>> That not later than 60 days after
the date of enactment of this Act, each agency funded by this Act shall
submit a report to the Committees on Appropriations of the House of
Representatives and the Senate to establish the baseline for application
of reprogramming and transfer authorities for the current fiscal year:
Provided further, That at a minimum the report shall include: (1) a
table for each appropriation with a separate column to display the
President's budget request, adjustments made by Congress, adjustments
due to enacted rescissions, if appropriate, and the fiscal year enacted
level; (2) a delineation in the table for each appropriation both by
object class and program, project, and activity as detailed in the
budget appendix for the respective appropriation; and (3) an
identification of items of special congressional interest: Provided
further, That the amount appropriated or limited for salaries and
expenses for an agency shall be reduced by $100,000 per day for each day
after the required date that the report has not been submitted to the
Congress.
Sec. 609. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2017 from appropriations made available for salaries and
expenses for fiscal year 2017 in this Act, shall remain available
through September 30, 2018, for each such account for the purposes
authorized: Provided, <<NOTE: Approval requests.>> That a request
shall be
[[Page 131 STAT. 372]]
submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of
such funds: Provided further, That these requests shall be made in
compliance with reprogramming guidelines.
Sec. 610. (a) None of the funds made available in this Act may be
used by the Executive Office of the President to request--
(1) any official background investigation report on any
individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal
Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury or the
Internal Revenue Service.
(b) Subsection (a) shall not apply--
(1) <<NOTE: Time period.>> in the case of an official
background investigation report, if such individual has given
express written consent for such request not more than 6 months
prior to the date of such request and during the same
presidential administration; or
(2) if such request is required due to extraordinary
circumstances involving national security.
Sec. 611. The cost accounting standards promulgated under chapter
15 of title 41, United States Code shall not apply with respect to a
contract under the Federal Employees Health Benefits Program established
under chapter 89 of title 5, United States Code.
Sec. 612. For the purpose of resolving litigation and implementing
any settlement agreements regarding the nonforeign area cost-of-living
allowance program, the Office of Personnel Management may accept and
utilize (without regard to any restriction on unanticipated travel
expenses imposed in an Appropriations Act) funds made available to the
Office of Personnel Management pursuant to court approval.
Sec. 613. No <<NOTE: Abortion.>> funds appropriated by this Act
shall be available to pay for an abortion, or the administrative
expenses in connection with any health plan under the Federal employees
health benefits program which provides any benefits or coverage for
abortions.
Sec. 614. The provision of section 613 shall not apply where the
life of the mother would be endangered if the fetus were carried to
term, or the pregnancy is the result of an act of rape or incest.
Sec. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title 41,
United States Code (popularly known as the Buy American Act), shall not
apply to the acquisition by the Federal Government of information
technology (as defined in section 11101 of title 40, United States
Code), that is a commercial item (as defined in section 103 of title 41,
United States Code).
Sec. 616. Notwithstanding section 1353 of title 31, United States
Code, no officer or employee of any regulatory agency or commission
funded by this Act may accept on behalf of that agency, nor may such
agency or commission accept, payment or reimbursement from a non-Federal
entity for travel, subsistence, or related expenses for the purpose of
enabling an officer or employee to attend and participate in any meeting
or similar function relating to the official duties of the officer or
employee when the entity offering payment or reimbursement is a person
or entity subject to regulation by such agency or commission, or
represents a person
[[Page 131 STAT. 373]]
or entity subject to regulation by such agency or commission, unless the
person or entity is an organization described in section 501(c)(3) of
the Internal Revenue Code of 1986 and exempt from tax under section
501(a) of such Code.
Sec. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the Securities
and Exchange Commission by this or any other Act may be used for the
interagency funding and sponsorship of a joint advisory committee to
advise on emerging regulatory issues.
Sec. 618. (a)(1) <<NOTE: Consultation. Contracts.>> Notwithstanding
any other provision of law, an Executive agency covered by this Act
otherwise authorized to enter into contracts for either leases or the
construction or alteration of real property for office, meeting,
storage, or other space must consult with the General Services
Administration before issuing a solicitation for offers of new leases or
construction contracts, and in the case of succeeding leases, before
entering into negotiations with the current lessor.
(2) Any such agency with authority to enter into an emergency lease
may do so during any period declared by the President to require
emergency leasing authority with respect to such agency.
(b) <<NOTE: Definition.>> For purposes of this section, the term
``Executive agency covered by this Act'' means any Executive agency
provided funds by this Act, but does not include the General Services
Administration or the United States Postal Service.
Sec. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to--
(A) the Judicial Officers' Retirement Fund (28
U.S.C. 377(o));
(B) the Judicial Survivors' Annuities Fund (28
U.S.C. 376(c)); and
(C) the United States Court of Federal Claims
Judges' Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions--
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5,
United States Code, and the Retired Federal Employees
Health Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter 84
of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any amount
appropriated by this section from any otherwise applicable limitation on
the use of funds contained in this Act.
Sec. 620. The Public Company Accounting Oversight Board (Board)
shall have authority to obligate funds for the scholarship program
established by section 109(c)(2) of the Sarbanes-Oxley Act of 2002
(Public Law 107-204) in an aggregate amount not exceeding the amount of
funds collected by the Board as of December 31,
[[Page 131 STAT. 374]]
2016, including accrued interest, as a result of the assessment of
monetary penalties. Funds available for obligation in fiscal year 2017
shall remain available until expended.
Sec. 621. None <<NOTE: Reports. Compliance.>> of the funds made
available in this Act may be used by the Federal Trade Commission to
complete the draft report entitled ``Interagency Working Group on Food
Marketed to Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts'' unless the Interagency Working Group
on Food Marketed to Children complies with Executive Order No. 13563.
Sec. 622. None of the funds made available by this Act may be used
to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury assigned
to the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
Sec. 623. None <<NOTE: Contracts.>> of the funds in this Act may
be used for the Director of the Office of Personnel Management to award
a contract, enter an extension of, or exercise an option on a contract
to a contractor conducting the final quality review processes for
background investigation fieldwork services or background investigation
support services that, as of the date of the award of the contract, are
being conducted by that contractor.
Sec. 624. (a) The head of each executive branch agency funded by
this Act shall ensure that the Chief Information Officer of the agency
has the authority to participate in decisions regarding the budget
planning process related to information technology.
(b) <<NOTE: Consultation.>> Amounts appropriated for any executive
branch agency funded by this Act that are available for information
technology shall be allocated within the agency, consistent with the
provisions of appropriations Acts and budget guidelines and
recommendations from the Director of the Office of Management and
Budget, in such manner as specified by, or approved by, the Chief
Information Officer of the agency in consultation with the Chief
Financial Officer of the agency and budget officials.
Sec. 625. None of the funds made available in this Act may be used
in contravention of chapter 29, 31, or 33 of title 44, United States
Code.
Sec. 626. None <<NOTE: Privacy.>> of the funds made available in
this Act may be used by a governmental entity to require the disclosure
by a provider of electronic communication service to the public or
remote computing service of the contents of a wire or electronic
communication that is in electronic storage with the provider (as such
terms are defined in sections 2510 and 2711 of title 18, United States
Code) in a manner that violates the Fourth Amendment to the Constitution
of the United States.
Sec. 627. None of the funds appropriated by this Act may be used by
the Federal Communications Commission to modify, amend, or change the
rules or regulations of the Commission for universal service high-cost
support for competitive eligible telecommunications carriers in a way
that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307
of title 47, Code of Federal Regulations, as in effect on July 15, 2015:
Provided, That this
[[Page 131 STAT. 375]]
section shall not prohibit the Commission from considering, developing,
or adopting other support mechanisms as an alternative to Mobility Fund
Phase II.
Sec. 628. No <<NOTE: Records.>> funds provided in this Act shall
be used to deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has
responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General's access to such records, documents, or
other materials, under any provision of law, except a provision of law
that expressly refers to the Inspector General and expressly limits the
Inspector General's right of access. A department or agency covered by
this section shall provide its Inspector General with access to all such
records, documents, and other materials in a timely
manner. <<NOTE: Compliance.>> Each Inspector General shall ensure
compliance with statutory limitations on disclosure relevant to the
information provided by the establishment over which that Inspector
General has responsibilities under the Inspector General Act of
1978. <<NOTE: Reports. Deadline.>> Each Inspector General covered by
this section shall report to the Committees on Appropriations of the
House of Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 629. (a) <<NOTE: Contracts. Communication and tele-
communications.>> In the case of a television joint sales agreement,
the Federal Communications Commission--
(1) may not require the termination or modification of such
agreement as a condition of the transfer or assignment of a
station license or the transfer of station ownership or control;
and
(2) upon request of the transferee or assignee of the
station license, shall eliminate any such condition that was
imposed after March 31, 2014, and permit the licensees of the
stations whose advertising was jointly sold pursuant to such
agreement to enter into a new joint sales agreement on
substantially similar terms and conditions as the prior
agreement.
(b) In <<NOTE: Definition.>> this section, the term ``joint sales
agreement'' has the meaning given such term in Note 2(k) to section
73.3555 of title 47, Code of Federal Regulations, and where a joint
sales agreement is part of a broader contract, this section shall be
limited to the joint sales agreement portion of such contract.
Sec. 630. (a) Section 1105(a)(35) of title 31, United States Code,
is amended--
(1) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B);
(2) by striking ``homeland security'' in each instance it
appears and inserting ``cybersecurity''; and
(3) by amending subparagraph (B) (as redesignated by
paragraph (1)) to read as follows:
``(B) <<NOTE: Determination. Consultation.>> Prior to
implementing this paragraph, including determining what Federal
activities or accounts constitute cybersecurity for purposes of
budgetary classification, the Office of Management and Budget
shall consult with the Committees on Appropriations and the
Committees on the Budget of the House of Representatives and the
Senate, the Committee on Homeland Security of the House of
Representatives, and the Committee on Homeland Security and
Government Affairs of the Senate.''.
[[Page 131 STAT. 376]]
(b) <<NOTE: Applicability.>> The amendments made by subsection (a)
shall apply to budget submissions under section 1105(a) of title 31,
United States Code, for fiscal year 2018 and each subsequent fiscal
year.
Sec. 631. (a) <<NOTE: Effective date. Repeal. 20 USC 5701 note. 20
USC 5701 and note, 5702-5709.>> Effective one year after the date of
the enactment of this Act, subtitle B of title IV of Public Law 102-281
is repealed.
(b) On the day before the date of the repeal under subsection (a),
the Secretary of the Treasury shall transfer the amounts in the fund
described in section 408(a) of subtitle A of title IV of such Public Law
into the general fund of the Treasury.
Sec. 632. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution,
adjudication activities, or other law enforcement- or victim assistance-
related activity.
Sec. 633. (a) <<NOTE: Time periods. Identity theft.>> For fiscal
years 2016 through 2026, the Office of Personnel Management shall
provide to each affected individual as defined in subsection (b)
complimentary identity protection coverage that--
(1) is not less comprehensive than the complimentary
identity protection coverage that the Office provided to
affected individuals before the date of enactment of this Act;
(2) is effective for a period of not less than 10 years; and
(3) includes not less than $5,000,000 in identity theft
insurance.
(b) Definition.--In this section, the term ``affected individual''
means any individual whose Social Security Number was compromised
during--
(1) the data breach of personnel records of current and
former Federal employees, at a network maintained by the
Department of the Interior, that was announced by the Office of
Personnel Management on June 4, 2015; or
(2) the data breach of systems of the Office of Personnel
Management containing information related to the background
investigations of current, former, and prospective Federal
employees, and of other individuals.
Sec. 634. From the unobligated balances available in the Securities
and Exchange Commission Reserve Fund established by section 991 of the
Dodd-Frank Wall Street Reform and Consumer Protection Act (Public Law
111-203), $25,000,000 are rescinded.
Sec. 635. None of the funds made available by this Act shall be
used by the Securities and Exchange Commission to finalize, issue, or
implement any rule, regulation, or order regarding the disclosure of
political contributions, contributions to tax exempt organizations, or
dues paid to trade associations.
[[Page 131 STAT. 377]]
TITLE VII
GENERAL PROVISIONS--GOVERNMENT-WIDE
Departments, Agencies, and Corporations
(including transfer of funds)
Sec. 701. No <<NOTE: Drug free workplaces.>> department, agency,
or instrumentality of the United States receiving appropriated funds
under this or any other Act for fiscal year 2017 shall obligate or
expend any such funds, unless such department, agency, or
instrumentality has in place, and will continue to administer in good
faith, a written policy designed to ensure that all of its workplaces
are free from the illegal use, possession, or distribution of controlled
substances (as defined in the Controlled Substances Act (21 U.S.C. 802))
by the officers and employees of such department, agency, or
instrumentality.
Sec. 702. Unless <<NOTE: 31 USC 343 note.>> otherwise specifically
provided, the maximum amount allowable during the current fiscal year in
accordance with subsection 1343(c) of title 31, United States Code, for
the purchase of any passenger motor vehicle (exclusive of buses,
ambulances, law enforcement vehicles, protective vehicles, and
undercover surveillance vehicles), is hereby fixed at $19,947 except
station wagons for which the maximum shall be $19,997: Provided, That
these limits may be exceeded by not to exceed $7,250 for police-type
vehicles: Provided further, That the limits set forth in this section
may not be exceeded by more than 5 percent for electric or hybrid
vehicles purchased for demonstration under the provisions of the
Electric and Hybrid Vehicle Research, Development, and Demonstration Act
of 1976: Provided further, That the limits set forth in this section
may be exceeded by the incremental cost of clean alternative fuels
vehicles acquired pursuant to Public Law 101-549 over the cost of
comparable conventionally fueled vehicles: Provided further, That the
limits set forth in this section shall not apply to any vehicle that is
a commercial item and which operates on alternative fuel, including but
not limited to electric, plug-in hybrid electric, and hydrogen fuel cell
vehicles.
Sec. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available for
expenses of travel, or for the expenses of the activity concerned, are
hereby made available for quarters allowances and cost-of-living
allowances, in accordance with 5 U.S.C. 5922-5924.
Sec. 704. Unless <<NOTE: 5 USC 3101 note.>> otherwise specified in
law during the current fiscal year, no part of any appropriation
contained in this or any other Act shall be used to pay the compensation
of any officer or employee of the Government of the United States
(including any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of the
United States; (2) is a person who is lawfully admitted for permanent
residence and is seeking citizenship as outlined in 8 U.S.C.
1324b(a)(3)(B); (3) is a person who is admitted as a refugee under 8
U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158 and has filed a
declaration of intention to become a lawful permanent resident and then
a citizen when eligible; or (4) is a person
[[Page 131 STAT. 378]]
who owes allegiance to the United States:
Provided, <<NOTE: Affidavits.>> That for purposes of this section,
affidavits signed by any such person shall be considered prima facie
evidence that the requirements of this section with respect to his or
her status are being complied with: Provided
further, <<NOTE: Affidavits.>> That for purposes of subsections (2) and
(3) such affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, <<NOTE: Fines. Penalty. Time
period.>> That any person making a false affidavit shall be guilty of a
felony, and upon conviction, shall be fined no more than $4,000 or
imprisoned for not more than 1 year, or both: Provided further, That
the above penal clause shall be in addition to, and not in substitution
for, any other provisions of existing law: Provided further, That any
payment made to any officer or employee contrary to the provisions of
this section shall be recoverable in action by the Federal Government:
Provided further, <<NOTE: Time period.>> That this section shall not
apply to any person who is an officer or employee of the Government of
the United States on the date of enactment of this Act, or to
international broadcasters employed by the Broadcasting Board of
Governors, or to temporary employment of translators, or to temporary
employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, <<NOTE: Time period.>> That this
section does not apply to the employment as Wildland firefighters for
not more than 120 days of nonresident aliens employed by the Department
of the Interior or the USDA Forest Service pursuant to an agreement with
another country.
Sec. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment
to the General Services Administration for charges for space and
services and those expenses of renovation and alteration of buildings
and facilities which constitute public improvements performed in
accordance with the Public Buildings Act of 1959 (73 Stat. 479), the
Public Buildings Amendments of 1972 (86 Stat. 216), or other applicable
law.
Sec. 706. In addition to funds provided in this or any other Act,
all Federal agencies are authorized to receive and use funds resulting
from the sale of materials, including Federal records disposed of
pursuant to a records schedule recovered through recycling or waste
prevention programs. Such funds shall be available until expended for
the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior to
the effective date of the Executive order.
(2) Other Federal agency environmental management programs,
including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
Sec. 707. Funds <<NOTE: Applicability.>> made available by this or
any other Act for administrative expenses in the current fiscal year of
the corporations and agencies subject to chapter 91 of title 31, United
States Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
[[Page 131 STAT. 379]]
to the expenditure of such funds unless otherwise specified in the Act
by which they are made available: Provided, That in the event any
functions budgeted as administrative expenses are subsequently
transferred to or paid from other funds, the limitations on
administrative expenses shall be correspondingly reduced.
Sec. 708. No part of any appropriation contained in this or any
other Act shall be available for interagency financing of boards (except
Federal Executive Boards), commissions, councils, committees, or similar
groups (whether or not they are interagency entities) which do not have
a prior and specific statutory approval to receive financial support
from more than one agency or instrumentality.
Sec. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with the
applicable law of the United States.
Sec. 710. During <<NOTE: Notification.>> the period in which the
head of any department or agency, or any other officer or civilian
employee of the Federal Government appointed by the President of the
United States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department
head, agency head, officer, or employee, or to purchase furniture or
make improvements for any such office, unless advance notice of such
furnishing or redecoration is transmitted to the Committees on
Appropriations of the House of Representatives and the
Senate. <<NOTE: Definition.>> For the purposes of this section, the
term ``office'' shall include the entire suite of offices assigned to
the individual, as well as any other space used primarily by the
individual or the use of which is directly controlled by the individual.
Sec. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of national
security and emergency preparedness telecommunications initiatives which
benefit multiple Federal departments, agencies, or entities, as provided
by Executive Order No. 13618 (July 6, 2012).
Sec. 712. (a) None of the funds made available by this or any other
Act may be obligated or expended by any department, agency, or other
instrumentality of the Federal Government to pay the salaries or
expenses of any individual appointed to a position of a confidential or
policy-determining character that is excepted from the competitive
service under section 3302 of title 5, United States Code, (pursuant to
schedule C of subpart C of part 213 of title 5 of the Code of Federal
Regulations) unless the head of the applicable department, agency, or
other instrumentality employing such schedule C individual certifies to
the Director of the Office of Personnel Management that the schedule C
position occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the Armed Forces detailed to or from an element
of the intelligence community (as that term is defined under section
3(4) of the National Security Act of 1947 (50 U.S.C. 3003(4))).
Sec. 713. No part of any appropriation contained in this or any
other Act shall be available for the payment of the salary of any
officer or employee of the Federal Government, who--
[[Page 131 STAT. 380]]
(1) prohibits or prevents, or attempts or threatens to
prohibit or prevent, any other officer or employee of the
Federal Government from having any direct oral or written
communication or contact with any Member, committee, or
subcommittee of the Congress in connection with any matter
pertaining to the employment of such other officer or employee
or pertaining to the department or agency of such other officer
or employee in any way, irrespective of whether such
communication or contact is at the initiative of such other
officer or employee or in response to the request or inquiry of
such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or
efficiency rating, denies promotion to, relocates, reassigns,
transfers, disciplines, or discriminates in regard to any
employment right, entitlement, or benefit, or any term or
condition of employment of, any other officer or employee of the
Federal Government, or attempts or threatens to commit any of
the foregoing actions with respect to such other officer or
employee, by reason of any communication or contact of such
other officer or employee with any Member, committee, or
subcommittee of the Congress as described in paragraph (1).
Sec. 714. (a) None of the funds made available in this or any other
Act may be obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 715. No part of any funds appropriated in this or any other
Act shall be used by an agency of the executive branch, other than for
normal and recognized executive-legislative relationships, for publicity
or propaganda purposes, and for the preparation, distribution or use of
any kit, pamphlet, booklet, publication, radio, television, or film
presentation designed to support or defeat legislation pending before
the Congress, except in presentation to the Congress itself.
Sec. 716. None of the funds appropriated by this or any other Act
may be used by an agency to provide a Federal employee's home address to
any labor organization except when the employee has authorized such
disclosure or when such disclosure has been ordered by a court of
competent jurisdiction.
Sec. 717. None of the funds made available in this or any other Act
may be used to provide any non-public information such
[[Page 131 STAT. 381]]
as mailing, telephone or electronic mailing lists to any person or any
organization outside of the Federal Government without the approval of
the Committees on Appropriations of the House of Representatives and the
Senate.
Sec. 718. No part of any appropriation contained in this or any
other Act shall be used directly or indirectly, including by private
contractor, for publicity or propaganda purposes within the United
States not heretofore authorized by Congress.
Sec. 719. (a) <<NOTE: Definition.>> In this section, the term
``agency''--
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations to use
such time for other purposes, an employee of an agency shall use
official time in an honest effort to perform official duties. An
employee not under a leave system, including a Presidential appointee
exempted under 5 U.S.C. 6301(2), has an obligation to expend an honest
effort and a reasonable proportion of such employee's time in the
performance of official duties.
Sec. 720. Notwithstanding 31 U.S.C. 1346 and section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act to any department or agency, which is a member of the Federal
Accounting Standards Advisory Board (FASAB), shall be available to
finance an appropriate share of FASAB administrative costs.
Sec. 721. Notwithstanding <<NOTE: Reimbursement.>> 31 U.S.C. 1346
and section 708 of this Act, the head of each Executive department and
agency is hereby authorized to transfer to or reimburse ``General
Services Administration, Government-wide Policy'' with the approval of
the Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That <<NOTE: Consultation.>> these funds shall be administered by the
Administrator of General Services to support Government-wide and other
multi-agency financial, information technology, procurement, and other
management innovations, initiatives, and activities, including improving
coordination and reducing duplication, as approved by the Director of
the Office of Management and Budget, in consultation with the
appropriate interagency and multi-agency groups designated by the
Director (including the President's Management Council for overall
management improvement initiatives, the Chief Financial Officers Council
for financial management initiatives, the Chief Information Officers
Council for information technology initiatives, the Chief Human Capital
Officers Council for human capital initiatives, the Chief Acquisition
Officers Council for procurement initiatives, and the Performance
Improvement Council for performance improvement initiatives): Provided
further, That the total funds transferred or reimbursed shall not exceed
$15,000,000 to improve coordination, reduce duplication, and for other
activities related to Federal Government Priority Goals established by
31 U.S.C. 1120, and not to exceed $17,000,000 for Government-Wide
innovations, initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ``General Services
Administration, Government-wide Policy'' during fiscal year 2017 shall
remain available for obligation through September 30, 2018:
[[Page 131 STAT. 382]]
Provided further, <<NOTE: Time period. Notification.>> That such
transfers or reimbursements may only be made after 15 days following
notification of the Committees on Appropriations of the House of
Representatives and the Senate by the Director of the Office of
Management and Budget.
Sec. 722. Notwithstanding <<NOTE: Breastfeeding.>> any other
provision of law, a woman may breastfeed her child at any location in a
Federal building or on Federal property, if the woman and her child are
otherwise authorized to be present at the location.
Sec. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of this
Act, funds made available for the current fiscal year by this or any
other Act shall be available for the interagency funding of specific
projects, workshops, studies, and similar efforts to carry out the
purposes of the National Science and Technology Council (authorized by
Executive Order No. 12881), which benefit multiple Federal departments,
agencies, or entities: Provided, <<NOTE: Reports. Deadline.>> That the
Office of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science and Technology, and the Senate Committee on
Commerce, Science, and Transportation 90 days after enactment of this
Act.
Sec. 724. Any <<NOTE: Compliance.>> request for proposals,
solicitation, grant application, form, notification, press release, or
other publications involving the distribution of Federal funds shall
comply with any relevant requirements in part 200 of title 2, Code of
Federal Regulations: Provided, <<NOTE: Applicability.>> That this
section shall apply to direct payments, formula funds, and grants
received by a State receiving Federal funds.
Sec. 725. (a) Prohibition of Federal Agency Monitoring of
Individuals' Internet Use.--None of the funds made available in this or
any other Act may be used by any Federal agency--
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally
identifiable information relating to an individual's access to
or use of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual's access to or use of any nongovernmental Internet
site.
(b) Exceptions.--The limitations established in subsection (a) shall
not apply to--
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a
system security action taken by the operator of an Internet site
and is necessarily incident to providing the Internet site
services or to protecting the rights or property of the provider
of the Internet site.
(c) Definitions.--For the purposes of this section:
(1) The term ``regulatory'' means agency actions to
implement, interpret or enforce authorities provided in law.
[[Page 131 STAT. 383]]
(2) The term ``supervisory'' means examinations of the
agency's supervised institutions, including assessing safety and
soundness, overall financial condition, management practices and
policies and compliance with applicable standards as provided in
law.
Sec. 726. (a) <<NOTE: Contracts. Drugs and drug
abuse. Contraceptives.>> None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract also
includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with--
(1) any of the following religious plans:
(A) Personal Care's HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into or
renews a contract under this section may not subject any individual to
discrimination on the basis that the individual refuses to prescribe or
otherwise provide for contraceptives because such activities would be
contrary to the individual's religious beliefs or moral convictions.
(d) <<NOTE: Abortion.>> Nothing in this section shall be construed
to require coverage of abortion or abortion-related services.
Sec. 727. The United States is committed to ensuring the health of
its Olympic, Pan American, and Paralympic athletes, and supports the
strict adherence to anti-doping in sport through testing, adjudication,
education, and research as performed by nationally recognized oversight
authorities.
Sec. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies may
be used by such departments and agencies, if consistent with Office of
Management and Budget Circular A-126 regarding official travel for
Government personnel, to participate in the fractional aircraft
ownership pilot program.
Sec. 729. Notwithstanding any other provision of law, none of the
funds appropriated or made available under this or any other
appropriations Act may be used to implement or enforce restrictions or
limitations on the Coast Guard Congressional Fellowship Program, or to
implement the proposed regulations of the Office of Personnel Management
to add sections 300.311 through 300.316 to part 300 of title 5 of the
Code of Federal Regulations, published in the Federal Register, volume
68, number 174, on September 9, 2003 (relating to the detail of
executive branch employees to the legislative branch).
Sec. 730. Notwithstanding <<NOTE: Advance approval. Contracts.>>
any other provision of law, no executive branch agency shall purchase,
construct, or lease any additional facilities, except within or
contiguous to existing locations, to be used for the purpose of
conducting Federal law enforcement training without the advance approval
of the Committees on Appropriations of the House of Representatives and
the Senate, except that the Federal Law Enforcement Training Center is
authorized to obtain the temporary use of additional facilities by
lease, contract, or other agreement for training which cannot be
accommodated in existing Center facilities.
Sec. 731. Unless <<NOTE: News story. Notification.>> otherwise
authorized by existing law, none of the funds provided in this or any
other Act may be used by an executive branch agency to produce any
prepackaged news story
[[Page 131 STAT. 384]]
intended for broadcast or distribution in the United States, unless the
story includes a clear notification within the text or audio of the
prepackaged news story that the prepackaged news story was prepared or
funded by that executive branch agency.
Sec. 732. None of the funds made available in this Act may be used
in contravention of section 552a of title 5, United States Code
(popularly known as the Privacy Act), and regulations implementing that
section.
Sec. 733. (a) <<NOTE: Contracts.>> In General.--None of the funds
appropriated or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated
entity which is treated as an inverted domestic corporation under
section 835(b) of the Homeland Security Act of 2002 (6 U.S.C. 395(b)) or
any subsidiary of such an entity.
(b) Waivers.--
(1) <<NOTE: Determination.>> In general.--Any Secretary
shall waive subsection (a) with respect to any Federal
Government contract under the authority of such Secretary if the
Secretary determines that the waiver is required in the interest
of national security.
(2) Report to congress.--Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) Exception.--This section shall not apply to any Federal
Government contract entered into before the date of the enactment of
this Act, or to any task order issued pursuant to such contract.
Sec. 734. During <<NOTE: Time period.>> fiscal year 2017, for each
employee who--
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of
title 5, United States Code; or
(2) retires under any other provision of subchapter III of
chapter 83 or chapter 84 of such title 5 and receives a payment
as an incentive to separate, the separating agency shall remit
to the Civil Service Retirement and Disability Fund an amount
equal to the Office of Personnel Management's average unit cost
of processing a retirement claim for the preceding fiscal year.
Such amounts shall be available until expended to the Office of
Personnel Management and shall be deemed to be an administrative
expense under section 8348(a)(1)(B) of title 5, United States
Code.
Sec. 735. (a) <<NOTE: Contracts.>> None of the funds made available
in this or any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to a
candidate for election for Federal office or to a political
committee, or that is otherwise made with respect to any
election for Federal office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers or
directors, or any of its affiliates or subsidiaries to any
person with the intent or the reasonable expectation that the
person will use the funds to make a payment described in
paragraph (1).
(b) <<NOTE: Definitions.>> In this section, each of the terms
``contribution'', ``expenditure'', ``independent expenditure'',
``electioneering communication'', ``candidate'', ``election'', and
``Federal office'' has the meaning given
[[Page 131 STAT. 385]]
such term in the Federal Election Campaign Act of 1971 (2 U.S.C. 431 et
seq.).
Sec. 736. None of the funds made available in this or any other Act
may be used to pay for the painting of a portrait of an officer or
employee of the Federal government, including the President, the Vice
President, a member of Congress (including a Delegate or a Resident
Commissioner to Congress), the head of an executive branch agency (as
defined in section 133 of title 41, United States Code), or the head of
an office of the legislative branch.
Sec. 737. (a)(1) <<NOTE: Time period. Pay rates.>> Notwithstanding
any other provision of law, and except as otherwise provided in this
section, no part of any of the funds appropriated for fiscal year 2017,
by this or any other Act, may be used to pay any prevailing rate
employee described in section 5342(a)(2)(A) of title 5, United States
Code--
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2017, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2017, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A) by
more than the sum of--
(i) the percentage adjustment taking effect in
fiscal year 2017 under section 5303 of title 5, United
States Code, in the rates of pay under the General
Schedule; and
(ii) the difference between the overall average
percentage of the locality-based comparability payments
taking effect in fiscal year 2017 under section 5304 of
such title (whether by adjustment or otherwise), and the
overall average percentage of such payments which was
effective in the previous fiscal year under such
section.
(2) Notwithstanding any other provision of law, no prevailing rate
employee described in subparagraph (B) or (C) of section 5342(a)(2) of
title 5, United States Code, and no employee covered by section 5348 of
such title, may be paid during the periods for which paragraph (1) is in
effect at a rate that exceeds the rates that would be payable under
paragraph (1) were paragraph (1) applicable to such employee.
(3) <<NOTE: Determination. Regulations.>> For the purposes of this
subsection, the rates payable to an employee who is covered by this
subsection and who is paid from a schedule not in existence on September
30, 2016, shall be determined under regulations prescribed by the Office
of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay
for employees subject to this subsection may not be changed from the
rates in effect on September 30, 2016, except to the extent determined
by the Office of Personnel Management to be consistent with the purpose
of this subsection.
(5) <<NOTE: Application.>> This subsection shall apply with respect
to pay for service performed after September 30, 2016.
[[Page 131 STAT. 386]]
(6) For the purpose of administering any provision of law (including
any rule or regulation that provides premium pay, retirement, life
insurance, or any other employee benefit) that requires any deduction or
contribution, or that imposes any requirement or limitation on the basis
of a rate of salary or basic pay, the rate of salary or basic pay
payable after the application of this subsection shall be treated as the
rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit or
require the payment to any employee covered by this subsection at a rate
in excess of the rate that would be payable were this subsection not in
effect.
(8) <<NOTE: Determination.>> The Office of Personnel Management may
provide for exceptions to the limitations imposed by this subsection if
the Office determines that such exceptions are necessary to ensure the
recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates of basic
pay for the statutory pay systems that take place in fiscal year 2017
under sections 5344 and 5348 of title 5, United States Code, shall be--
(1) not less than the percentage received by employees in
the same location whose rates of basic pay are adjusted pursuant
to the statutory pay systems under sections 5303 and 5304 of
title 5, United States Code: Provided, That prevailing rate
employees at locations where there are no employees whose pay is
increased pursuant to sections 5303 and 5304 of title 5, United
States Code, and prevailing rate employees described in section
5343(a)(5) of title 5, United States Code, shall be considered
to be located in the pay locality designated as ``Rest of United
States'' pursuant to section 5304 of title 5, United States
Code, for purposes of this subsection; and
(2) <<NOTE: Effective date.>> effective as of the first day
of the first applicable pay period beginning after September 30,
2016.
Sec. 738. (a) The Vice President may not receive a pay raise in
calendar year 2017, notwithstanding the rate adjustment made under
section 104 of title 3, United States Code, or any other provision of
law.
(b) An employee serving in an Executive Schedule position, or in a
position for which the rate of pay is fixed by statute at an Executive
Schedule rate, may not receive a pay rate increase in calendar year
2017, notwithstanding schedule adjustments made under section 5318 of
title 5, United States Code, or any other provision of law, except as
provided in subsection (g), (h), or (i). This <<NOTE: Applicability.>>
subsection applies only to employees who are holding a position under a
political appointment.
(c) A chief of mission or ambassador at large may not receive a pay
rate increase in calendar year 2017, notwithstanding section 401 of the
Foreign Service Act of 1980 (Public Law 96-465) or any other provision
of law, except as provided in subsection (g), (h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United States
Code, a pay rate increase may not be received in calendar year 2017
(except as provided in subsection (g), (h), or (i)) by--
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or
[[Page 131 STAT. 387]]
(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level IV of
the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any locality-
based payments under section 5304 of title 5, United States Code, or
similar authority) at or above level IV of the Executive Schedule who
serves under a political appointment may not receive a pay rate increase
in calendar year 2017, notwithstanding any other provision of law,
except as provided in subsection (g), (h), or (i). This subsection does
not apply to employees in the General Schedule pay system or the Foreign
Service pay system, or to employees appointed under section 3161 of
title 5, United States Code, or to employees in another pay system whose
position would be classified at GS-15 or below if chapter 51 of title 5,
United States Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent employees
who do not serve under a political appointment from receiving pay
increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who receives
a Presidential appointment and who makes an election to retain Senior
Executive Service basic pay entitlements under section 3392 of title 5,
United States Code, is not subject to this section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch and who
makes an election to retain Senior Foreign Service pay entitlements
under section 302(b) of the Foreign Service Act of 1980 (Public Law 96-
465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee in a
covered position may receive a pay rate increase upon an authorized
movement to a different covered position with higher-level duties and a
pre-established higher level or range of pay, except that any such
increase must be based on the rates of pay and applicable pay
limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period of time
subject to this section, the initial pay rate shall be based on the
rates of pay and applicable pay limitations in effect on December 31,
2013.
(k) <<NOTE: Time period.>> If an employee affected by subsections
(b) through (e) is subject to a biweekly pay period that begins in
calendar year 2017 but ends in calendar year 2018, the bar on the
employee's receipt of pay rate increases shall apply through the end of
that pay period.
Sec. 739. (a) <<NOTE: Reports. Deadline. Contracts.>> The head of
any Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act shall submit annual
reports to the Inspector General or senior ethics official for any
entity without an Inspector General, regarding the costs and contracting
procedures related to each conference held by any such department,
agency, board, commission, or office during fiscal year 2017 for which
the cost to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period--
(1) a description of its purpose;
(2) the number of participants attending;
[[Page 131 STAT. 388]]
(3) a detailed statement of the costs to the United States
Government, including--
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to
determine which costs relate to the conference; and
(4) a description of the contracting procedures used
including--
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating
potential contractors for the conference.
(c) <<NOTE: Deadline. Notification.>> Within 15 days after the end
of a quarter, the head of any such department, agency, board,
commission, or office shall notify the Inspector General or senior
ethics official for any entity without an Inspector General, of the
date, location, and number of employees attending a conference held by
any Executive branch department, agency, board, commission, or office
funded by this or any other appropriations Act during fiscal year 2017
for which the cost to the United States Government was more than
$20,000.
(d) <<NOTE: Grants. Contracts.>> A grant or contract funded by
amounts appropriated by this or any other appropriations Act may not be
used for the purpose of defraying the costs of a conference described in
subsection (c) that is not directly and programmatically related to the
purpose for which the grant or contract was awarded, such as a
conference held in connection with planning, training, assessment,
review, or other routine purposes related to a project funded by the
grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities that
are not in compliance with Office of Management and Budget Memorandum M-
12-12 dated May 11, 2012 or any subsequent revisions to that memorandum.
Sec. 740. None of the funds made available in this or any other
appropriations Act may be used to increase, eliminate, or reduce funding
for a program, project, or activity as proposed in the President's
budget request for a fiscal year until such proposed change is
subsequently enacted in an appropriation Act, or unless such change is
made pursuant to the reprogramming or transfer provisions of this or any
other appropriations Act.
Sec. 741. None of the funds made available by this or any other Act
may be used to implement, administer, enforce, or apply the rule
entitled ``Competitive Area'' published by the Office of Personnel
Management in the Federal Register on April 15, 2008 (73 Fed. Reg. 20180
et seq.).
Sec. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce a
study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal employees
pursuant to Office of Management and Budget Circular A-76 or any other
administrative regulation, directive, or policy.
Sec. 743. (a) <<NOTE: Contracts. Grants. Confidentiality
agreements.>> None of the funds appropriated or otherwise made
available by this or any other Act may be available for a contract,
grant, or cooperative agreement with an entity that
[[Page 131 STAT. 389]]
requires employees or contractors of such entity seeking to report
fraud, waste, or abuse to sign internal confidentiality agreements or
statements prohibiting or otherwise restricting such employees or
contractors from lawfully reporting such waste, fraud, or abuse to a
designated investigative or law enforcement representative of a Federal
department or agency authorized to receive such information.
(b) The limitation in subsection (a) shall not contravene
requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
Sec. 744. (a) <<NOTE: Nondisclosure agreements.>> No funds
appropriated in this or any other Act may be used to implement or
enforce the agreements in Standard Forms 312 and 4414 of the Government
or any other nondisclosure policy, form, or agreement if such policy,
form, or agreement does not contain the following provisions: ``These
provisions are consistent with and do not supersede, conflict with, or
otherwise alter the employee obligations, rights, or liabilities created
by existing statute or Executive order relating to: (1) classified
information; (2) communications to Congress; (3) the reporting to an
Inspector General of a violation of any law, rule, or regulation, or
mismanagement, a gross waste of funds, an abuse of authority, or a
substantial and specific danger to public health or safety; or (4) any
other whistleblower protection. The definitions, requirements,
obligations, rights, sanctions, and liabilities created by controlling
Executive orders and statutory provisions are incorporated into this
agreement and are controlling.'': Provided, That notwithstanding the
preceding provision of this section, a nondisclosure policy form or
agreement that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum,
require that the person will not disclose any classified information
received in the course of such activity unless specifically authorized
to do so by the United States Government. Such nondisclosure forms shall
also make it clear that they do not bar disclosures to Congress, or to
an authorized official of an executive agency or the Department of
Justice, that are essential to reporting a substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented and
enforced notwithstanding subsection (a) if it complies with the
requirements for such agreement that were in effect when the agreement
was entered into.
(c) No funds appropriated in this or any other Act may be used to
implement or enforce any agreement entered into during fiscal year 2014
which does not contain substantially similar language to that required
in subsection (a).
Sec. 745. None <<NOTE: Corporations. Taxes.>> of the funds made
available by this or any other Act may be used to enter into a contract,
memorandum of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that has any
unpaid Federal tax liability that has been assessed, for which all
judicial and administrative remedies have been exhausted or have lapsed,
and that is not being paid in a timely manner pursuant to an agreement
with the authority responsible for collecting the tax liability, where
the awarding agency is aware of
[[Page 131 STAT. 390]]
the unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination
that this further action is not necessary to protect the interests of
the Government.
Sec. 746. None <<NOTE: Corporations. Law enforcement and
crime. Time period.>> of the funds made available by this or any other
Act may be used to enter into a contract, memorandum of understanding,
or cooperative agreement with, make a grant to, or provide a loan or
loan guarantee to, any corporation that was convicted of a felony
criminal violation under any Federal law within the preceding 24 months,
where the awarding agency is aware of the conviction, unless a Federal
agency has considered suspension or debarment of the corporation and has
made a determination that this further action is not necessary to
protect the interests of the Government.
Sec. 747. (a) <<NOTE: Notification.>> During fiscal year 2017, on
the date on which a request is made for a transfer of funds in
accordance with section 1017 of Public Law 111-203, the Bureau of
Consumer Financial Protection shall notify the Committees on
Appropriations of the House of Representatives and the Senate, the
Committee on Financial Services of the House of Representatives, and the
Committee on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) <<NOTE: Public information. Web posting.>> Any notification
required by this section shall be made available on the Bureau's public
Web site.
Sec. 748. (a) None of the funds made available under this or any
other Act may be used to--
(1) implement, administer, carry out, modify, revise, or
enforce Executive Order 13690, entitled ``Establishing a Federal
Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input'' (issued January
30, 2015), other than for--
(A) acquiring, managing, or disposing of Federal
lands and facilities;
(B) providing Federally undertaken, financed, or
assisted construction or improvements; or
(C) conducting Federal activities or programs
affecting land use, including water and related land
resources planning, regulating, and licensing
activities;
(2) implement Executive Order 13690 in a manner that
modifies the non-grant components of the National Flood
Insurance Program; or
(3) apply Executive Order 13690 or the Federal Flood Risk
Management Standard by any component of the Department of
Defense, including the Army Corps of Engineers in a way that
changes the ``floodplain'' considered when determining whether
or not to issue a Department of the Army permit under section
404 of the Clean Water Act or section 10 of the Rivers and
Harbors Act.
(b) <<NOTE: Time period.>> Subsection (a) of this section shall not
be in effect during the period beginning on October 1, 2017 and ending
on September 30, 2018.
Sec. 749. Except as expressly provided otherwise, any reference to
``this Act'' contained in any title other than title IV or VIII shall
not apply to such title IV or VIII.
[[Page 131 STAT. 391]]
TITLE VIII
GENERAL PROVISIONS--DISTRICT OF COLUMBIA
(including transfers of funds)
Sec. 801. There are appropriated from the applicable funds of the
District of Columbia such sums as may be necessary for making refunds
and for the payment of legal settlements or judgments that have been
entered against the District of Columbia government.
Sec. 802. None <<NOTE: Lobbying.>> of the Federal funds provided
in this Act shall be used for publicity or propaganda purposes or
implementation of any policy including boycott designed to support or
defeat legislation pending before Congress or any State legislature.
Sec. 803. (a) None of the Federal funds provided under this Act to
the agencies funded by this Act, both Federal and District government
agencies, that remain available for obligation or expenditure in fiscal
year 2017, or provided from any accounts in the Treasury of the United
States derived by the collection of fees available to the agencies
funded by this Act, shall be available for obligation or expenditures
for an agency through a reprogramming of funds which--
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or
responsibility center through a reprogramming of funds in excess
of $3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned to a
specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations
of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to approve and
execute reprogramming and transfer requests of local funds under this
title through November 7, 2017.
Sec. 804. None of the Federal funds provided in this Act may be
used by the District of Columbia to provide for salaries, expenses, or
other costs associated with the offices of United States Senator or
United States Representative under section 4(d) of the District of
Columbia Statehood Constitutional Convention Initiatives of 1979 (D.C.
Law 3-171; D.C. Official Code, sec. 1-123).
Sec. 805. Except as otherwise provided in this section, none of the
funds made available by this Act or by any other Act may be used to
provide any officer or employee of the District of Columbia with an
official vehicle unless the officer or employee uses the vehicle only in
the performance of the officer's or employee's official
duties. <<NOTE: Definition.>> For purposes of this section, the term
``official duties'' does not include travel between the officer's or
employee's residence and workplace, except in the case of--
[[Page 131 STAT. 392]]
(1) an officer or employee of the Metropolitan Police
Department who resides in the District of Columbia or is
otherwise designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or
employee of the District of Columbia Fire and Emergency Medical
Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department of
Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24 hours
a day;
(5) at the discretion of the Director of the Homeland
Security and Emergency Management Agency, an officer or employee
of the Homeland Security and Emergency Management Agency who
resides in the District of Columbia and is on call 24 hours a
day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
Sec. 806. (a) <<NOTE: Voting representation.>> None of the Federal
funds contained in this Act may be used by the District of Columbia
Attorney General or any other officer or entity of the District
government to provide assistance for any petition drive or civil action
which seeks to require Congress to provide for voting representation in
Congress for the District of Columbia.
(b) Nothing in this section bars the District of Columbia Attorney
General from reviewing or commenting on briefs in private lawsuits, or
from consulting with officials of the District government regarding such
lawsuits.
Sec. 807. None <<NOTE: Needle distribution.>> of the Federal funds
contained in this Act may be used to distribute any needle or syringe
for the purpose of preventing the spread of blood borne pathogens in any
location that has been determined by the local public health or local
law enforcement authorities to be inappropriate for such distribution.
Sec. 808. Nothing <<NOTE: Contraception. Conscience clause.>> in
this Act may be construed to prevent the Council or Mayor of the
District of Columbia from addressing the issue of the provision of
contraceptive coverage by health insurance plans, but it is the intent
of Congress that any legislation enacted on such issue should include a
``conscience clause'' which provides exceptions for religious beliefs
and moral convictions.
Sec. 809. (a) <<NOTE: Drugs and drug abuse.>> None of the Federal
funds contained in this Act may be used to enact or carry out any law,
rule, or regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the District
of Columbia government under any authority may be used to enact any law,
rule, or regulation to legalize or otherwise reduce penalties associated
with the possession, use, or distribution of any schedule I substance
under the Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative for recreational purposes.
[[Page 131 STAT. 393]]
Sec. 810. No <<NOTE: Abortion.>> funds available for obligation or
expenditure by the District of Columbia government under any authority
shall be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where the
pregnancy is the result of an act of rape or incest.
Sec. 811. (a) <<NOTE: Deadline.>> No later than 30 calendar days
after the date of the enactment of this Act, the Chief Financial Officer
for the District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia, a
revised appropriated funds operating budget in the format of the budget
that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42), for all agencies of the District of Columbia government for
fiscal year 2017 that is in the total amount of the approved
appropriation and that realigns all budgeted data for personal services
and other-than-personal services, respectively, with anticipated actual
expenditures.
(b) <<NOTE: Application. Certification.>> This section shall apply
only to an agency for which the Chief Financial Officer for the District
of Columbia certifies that a reallocation is required to address
unanticipated changes in program requirements.
Sec. 812. No <<NOTE: Deadline.>> later than 30 calendar days after
the date of the enactment of this Act, the Chief Financial Officer for
the District of Columbia shall submit to the appropriate committees of
Congress, the Mayor, and the Council for the District of Columbia, a
revised appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment. The
revised appropriated funds budget shall be in the format of the budget
that the District of Columbia government submitted pursuant to section
442 of the District of Columbia Home Rule Act (D.C. Official Code, sec.
1-204.42).
Sec. 813. (a) Amounts appropriated in this Act as operating funds
may be transferred to the District of Columbia's enterprise and capital
funds and such amounts, once transferred, shall retain appropriation
authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to reprogram
or transfer for operating expenses any local funds transferred or
reprogrammed in this or the four prior fiscal years from operating funds
to capital funds, and such amounts, once transferred or reprogrammed,
shall retain appropriation authority consistent with the provisions of
this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds, notes, or
other obligations issued for capital projects.
Sec. 814. None of the Federal funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor may
any be transferred to other appropriations, unless expressly so provided
herein.
Sec. 815. Except as otherwise specifically provided by law or under
this Act, not to exceed 50 percent of unobligated balances remaining
available at the end of fiscal year 2017 from appropriations of Federal
funds made available for salaries and expenses for fiscal year 2017 in
this Act, shall remain available through September 30, 2018, for each
such account for the purposes authorized: Provided,
That <<NOTE: Approval request.>> a request shall be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate for approval prior to the expenditure of such funds: Provided
further,
[[Page 131 STAT. 394]]
That these requests shall be made in compliance with reprogramming
guidelines outlined in section 803 of this Act.
Sec. 816. (a)(1) During fiscal year 2018, during a period in which
neither a District of Columbia continuing resolution or a regular
District of Columbia appropriation bill is in effect, local funds are
appropriated in the amount provided for any project or activity for
which local funds are provided in the Act referred to in paragraph (2)
(subject to any modifications enacted by the District of Columbia as of
the beginning of the period during which this subsection is in effect)
at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the Council
of the District of Columbia pursuant to which a proposed budget is
approved for fiscal year 2018 which (subject to the requirements of the
District of Columbia Home Rule Act) will constitute the local portion of
the annual budget for the District of Columbia government for fiscal
year 2018 for purposes of section 446 of the District of Columbia Home
Rule Act (sec. 1-204.46, D.C. Official Code).
(b) Appropriations made by subsection (a) shall cease to be
available--
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2018 is in effect; or
(2) upon the enactment into law of the regular District of
Columbia appropriation bill for fiscal year 2018.
(c) An appropriation made by subsection (a) is provided under the
authority and conditions as provided under this Act and shall be
available to the extent and in the manner that would be provided by this
Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity during
the portion of fiscal year 2018 for which this section applies to such
project or activity.
(e) This section shall not apply to a project or activity during any
period of fiscal year 2018 if any other provision of law (other than an
authorization of appropriations)--
(1) makes an appropriation, makes funds available, or grants
authority for such project or activity to continue for such
period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall be
granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other law.
Sec. 817. Except as expressly provided otherwise, any reference to
``this Act'' contained in this title or in title IV shall be treated as
referring only to the provisions of this title or of title IV.
TITLE <<NOTE: Scholarships for Opportunity and Results Reauthorization
Act.>> IX--SOAR REAUTHORIZATION
short title; references in title
Sec. 901. (a) Short Title.--This title may be cited as the
``Scholarships for Opportunity and Results Reauthorization Act'' or the
``SOAR Reauthorization Act''.
(b) References in Act.--Except as otherwise expressly provided,
whenever in this title an amendment is expressed in terms
[[Page 131 STAT. 395]]
of an amendment to or repeal of a section or other provision, the
reference shall be considered to be made to that section or other
provision of the Scholarships for Opportunity and Results Act (division
C of Public Law 112-10; sec. 38-1853.01 et seq., D.C. Official Code).
repeal
Sec. 902. Section 817 of the Consolidated Appropriations Act, 2016
(Public Law 114-113) <<NOTE: 129 Stat. 2491.>> is repealed, and any
provision of law amended or repealed by such section is restored or
revived as if such section had not been enacted into law.
purposes
Sec. 903. Section 3003 (sec. 38-1853.03, D.C. Official Code) is
amended by striking ``particularly parents'' and all that follows
through ``, with'' and inserting ``particularly parents of students who
attend an elementary school or secondary school identified as one of the
lowest-performing schools under the District of Columbia's
accountability system, with''.
prohibiting imposition of limits on types of eligible students
participating in the program
Sec. 904. Section 3004(a) (sec. 38-1853.04(a), D.C. Official Code)
is amended by adding at the end the following:
``(3) Prohibiting imposition of limits on eligible students
participating in the program.--
``(A) In general.--In carrying out the program under
this division, the Secretary may not limit the number of
eligible students receiving scholarships under section
3007(a), and may not prevent otherwise eligible students
from participating in the program under this division,
based on any of the following:
``(i) The type of school the student
previously attended.
``(ii) Whether or not the student previously
received a scholarship or participated in the
program, including whether an eligible student was
awarded a scholarship in any previous year but has
not used the scholarship, regardless of the number
of years of nonuse.
``(iii) Whether or not the student was a
member of the control group used by the Institute
of Education Sciences to carry out previous
evaluations of the program under section 3009.
``(B) Rule of construction.--Nothing in subparagraph
(A) may be construed to waive the requirement under
section 3005(b)(1)(B) that the eligible entity carrying
out the program under this Act must carry out a random
selection process, which gives weight to the priorities
described in section 3006, if more eligible students
seek admission in the program than the program can
accommodate.''.
[[Page 131 STAT. 396]]
requiring eligible entities to utilize internal fiscal and quality
controls
Sec. 905. Section 3005(b)(1) (sec. 38-1853.05(b)(1), D.C. Official
Code) is amended--
(1) in subparagraph (I), by striking ``, except that a
participating school may not be required to submit to more than
1 site visit per school year'';
(2) by redesignating subparagraphs (K) and (L) as
subparagraphs (L) and (M), respectively;
(3) by inserting after subparagraph (J) the following:
``(K) how the entity will ensure the financial
viability of participating schools in which 85 percent
or more of the total number of students enrolled at the
school are participating eligible students that receive
and use an opportunity scholarship;'';
(4) in subparagraph (L), as redesignated by paragraph (2),
by striking ``and'' at the end; and
(5) by adding at the end the following:
``(N) how the eligible entity will ensure that it--
``(i) utilizes internal fiscal and quality
controls; and
``(ii) complies with applicable financial
reporting requirements and the requirements of
this division; and''.
clarification of priorities for awarding scholarships to eligible
students
Sec. 906. Section 3006(1) (sec. 38-1853.06(1), D.C. Official Code)
is amended--
(1) in subparagraph (A), by striking ``attended'' and all
that follows through the semicolon and inserting ``attended an
elementary school or secondary school identified as one of the
lowest-performing schools under the District of Columbia's
accountability system; and'';
(2) by striking subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph (B);
and
(4) in subparagraph (B), as redesignated by paragraph (3),
by striking the semicolon at the end and inserting ``or whether
such students have, in the past, attended a private school;''.
modification of requirements for participating schools and eligible
entities
Sec. 907. (a) Criminal Background Checks; Compliance With Reporting
Requirements.--Section 3007(a)(4) (sec. 38-1853.07(a)(4), D.C. Official
Code) is amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) by striking subparagraph (F) and inserting the
following:
``(F) ensures that, with respect to core subject
matter, participating students are taught by a teacher
who has a baccalaureate degree or equivalent degree,
whether such degree was awarded in or outside of the
United States;''; and
[[Page 131 STAT. 397]]
(3) by adding at the end the following:
``(G) conducts criminal background checks on school
employees who have direct and unsupervised interaction
with students; and
``(H) complies with all requests for data and
information regarding the reporting requirements
described in section 3010.''.
(b) Accreditation.--Section 3007(a) (sec. 38-1853.07(a), D.C.
Official Code), as amended by subsection (a), is further amended--
(1) in paragraph (1), by striking ``paragraphs (2) and (3)''
and inserting ``paragraphs (2), (3), and (5)''; and
(2) by adding at the end the following:
``(5) Accreditation requirements.--
``(A) In general.--None of the funds provided under
this division for opportunity scholarships may be used
by a participating eligible student to enroll in a
participating private school unless the school--
``(i) in the case of a school that is a
participating school as of the date of enactment
of the SOAR Reauthorization Act--
``(I) is fully accredited by an
accrediting body described in any of
subparagraphs (A) through (G) of section
2202(16) of the District of Columbia
School Reform Act of 1995 (Public Law
104-134; sec. 38-1802.02(16)(A)-(G),
D.C. Official Code); or
``(II) if such participating school
does not meet the requirements of
subclause (I)--
``(aa) not later than 1 year
after the date of enactment of
the Consolidated Appropriations
Act, 2016 (Public Law 114-113),
the school is pursuing full
accreditation by an accrediting
body described in subclause (I);
and
``(bb) is fully accredited
by such an accrediting body not
later than 5 years after the
date on which that school began
the process of pursuing full
accreditation in accordance with
item (aa); and
``(ii) in the case of a school that is not a
participating school as of the date of enactment
of the SOAR Reauthorization Act, is fully
accredited by an accrediting body described in
clause (i)(I) before becoming a participating
school under this division.
``(B) <<NOTE: Certification.>> Reports to eligible
entity.--Not later than 5 years after the date of
enactment of the SOAR Reauthorization Act, each
participating school shall submit to the eligible entity
a certification that the school has been fully
accredited in accordance with subparagraph (A).
``(C) Assisting students in enrolling in other
schools.--If a participating school fails to meet the
requirements of this paragraph, the eligible entity
shall assist the parents of the participating eligible
students who attend the school in identifying, applying
to, and enrolling in another participating school under
this division.
``(6) Treatment of students awarded a scholarship in a
previous year.--An eligible entity shall treat a participating
[[Page 131 STAT. 398]]
eligible student who was awarded an opportunity scholarship in
any previous year and who has not used the scholarship as a
renewal student and not as a new applicant, without regard as
to--
``(A) whether the eligible student has used the
scholarship; and
``(B) the year in which the scholarship was
previously awarded.''.
(c) Use of Funds for Administrative Expenses and Parental
Assistance.--
(1) In general.--Section 3007 (sec. 38-1853.07, D.C.
Official Code) is amended--
(A) by striking subsections (b) and (c) and
inserting the following:
``(b) Administrative Expenses and Parental Assistance.--The
Secretary shall make $2,000,000 of the amount made available under
section 3014(a)(1) for each fiscal year available to eligible entities
receiving a grant under section 3004(a) to cover the following expenses:
``(1) The administrative expenses of carrying out its
program under this division during the year, including--
``(A) determining the eligibility of students to
participate;
``(B) selecting the eligible students to receive
scholarships;
``(C) determining the amount of the scholarships and
issuing the scholarships to eligible students;
``(D) compiling and maintaining financial and
programmatic records;
``(E) conducting site visits as described in section
3005(b)(1)(I); and
``(F)(i) <<NOTE: Study.>> conducting a study,
including a survey of participating parents, on any
barriers for participating eligible students in gaining
admission to, or attending, the participating school
that is their first choice; and
``(ii) <<NOTE: Deadline.>> not later than the end
of the first full fiscal year after the date of
enactment of the SOAR Reauthorization Act, submitting a
report to Congress that contains the results of such
study.
``(2) The expenses of educating parents about the eligible
entity's program under this division, and assisting parents
through the application process under this division, including--
``(A) providing information about the program and
the participating schools to parents of eligible
students, including information on supplemental
financial aid that may be available at participating
schools;
``(B) providing funds to assist parents of students
in meeting expenses that might otherwise preclude the
participation of eligible students in the program; and
``(C) streamlining the application process for
parents.'';
(B) by redesignating subsection (d) as subsection
(c); and
(C) by redesignating subsection (e), as added by
section 162(b) of the Continuing Appropriations Act,
2017 (division C of Public Law 114-223, as amended by
section 101(3)
[[Page 131 STAT. 399]]
of the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254)), as
subsection (d).
(2) Conforming amendment.--Section 3007(d) (sec. 38-
1853.07(d), D.C. Official Code), as redesignated by paragraph
(1)(C), is amended by striking ``subsections (b), (c), and (d)''
each place it appears in paragraphs (2)(B) and (3) and inserting
``subsections (b) and (c)''.
(d) Clarification of Use of Funds for Student Academic Assistance.--
Section 3007(c) (sec. 38-1853.07(c), D.C. Official Code), as
redesignated by subsection (c)(1)(B), is amended by striking
``previously attended'' and all that follows through the period at the
end and inserting ``previously attended an elementary school or
secondary school identified as one of the lowest-performing schools
under the District of Columbia's accountability system.''.
program evaluation
Sec. 908. (a) Revision of Evaluation Procedures and Requirements.--
(1) In general.--Section 3009(a) (sec. 38-1853.09(a), D.C.
Official Code) is amended to read as follows:
``(a) In General.--
``(1) Duties of the secretary and the mayor.--The Secretary
and the Mayor of the District of Columbia shall--
``(A) jointly enter into an agreement with the
Institute of Education Sciences of the Department of
Education to evaluate annually the opportunity
scholarship program under this division;
``(B) jointly enter into an agreement to monitor and
evaluate the use of funds authorized and appropriated
for the District of Columbia public schools and the
District of Columbia public charter schools under this
division; and
``(C) make the evaluations described in
subparagraphs (A) and (B) public in accordance with
subsection (c).
``(2) Duties of the secretary.--The Secretary, through a
grant, contract, or cooperative agreement, shall--
``(A) ensure that the evaluation under paragraph
(1)(A)--
``(i) is conducted using an acceptable quasi-
experimental research design for determining the
effectiveness of the opportunity scholarship
program under this division that does not use a
control study group consisting of students who
applied for but did not receive opportunity
scholarships; and
``(ii) addresses the issues described in
paragraph (4); and
``(B) disseminate information on the impact of the
program--
``(i) on academic achievement and educational
attainment of participating eligible students who
use an opportunity scholarship; and
``(ii) on students and schools in the District
of Columbia.
``(3) Duties of the institute on education sciences.--The
Institute of Education Sciences of the Department of Education
shall--
[[Page 131 STAT. 400]]
``(A) assess participating eligible students who use
an opportunity scholarship in each of grades 3 through
8, as well as one of the grades at the high school
level, by supervising the administration of the same
reading and mathematics assessment used by the District
of Columbia public schools to comply with section
1111(b) of the Elementary and Secondary Education Act of
1965 (20 U.S.C. 6311(b));
``(B) measure the academic achievement of all
participating eligible students who use an opportunity
scholarship in the grades described in subparagraph (A);
and
``(C) work with eligible entities receiving a grant
under this division to ensure that the parents of each
student who is a participating eligible student that
uses an opportunity scholarship agrees to permit their
child to participate in the evaluations and assessments
carried out by the Institute of Education Sciences under
this subsection.
``(4) Issues to be evaluated.--The issues to be evaluated
under paragraph (1)(A) shall include the following:
``(A) A comparison of the academic achievement of
participating eligible students who use an opportunity
scholarship on the measurements described in paragraph
(3)(B) to the academic achievement of a comparison group
of students with similar backgrounds in the District of
Columbia public schools and the District of Columbia
public charter schools.
``(B) The success of the program under this division
in expanding choice options for parents of participating
eligible students and increasing the satisfaction of
such parents and students with their choice.
``(C) The reasons parents of participating eligible
students choose for their children to participate in the
program, including important characteristics for
selecting schools.
``(D) A comparison of the retention rates, high
school graduation rates, college enrollment rates,
college persistence rates, and college graduation rates
of participating eligible students who use an
opportunity scholarship with the rates of students in
the comparison group described in subparagraph (A).
``(E) A comparison of the college enrollment rates,
college persistence rates, and college graduation rates
of students who participated in the program in 2004,
2005, 2011, 2012, 2013, 2014, and 2015 as the result of
winning the Opportunity Scholarship Program lottery with
such enrollment, persistence, and graduation rates for
students who entered but did not win such lottery in
those years and who, as a result, served as the control
group for previous evaluations of the program under this
division. Nothing in this subparagraph may be construed
to waive section 3004(a)(3)(A)(iii) with respect to any
such student.
``(F) A comparison of the safety of the schools
attended by participating eligible students who use an
opportunity scholarship and the schools in the District
of Columbia attended by students in the comparison group
described in subparagraph (A), based on the perceptions
of the students and parents.
[[Page 131 STAT. 401]]
``(G) An assessment of student academic achievement
at participating schools in which 85 percent of the
total number of students enrolled at the school are
participating eligible students who receive and use an
opportunity scholarship.
``(H) Such other issues with respect to
participating eligible students who use an opportunity
scholarship as the Secretary considers appropriate for
inclusion in the evaluation, such as the impact of the
program on public elementary schools and secondary
schools in the District of Columbia.
``(5) Prohibiting disclosure of personal information.--
``(A) In general.--Any disclosure of personally
identifiable information obtained under this division
shall be in compliance with section 444 of the General
Education Provisions Act (commonly known as the `Family
Educational Rights and Privacy Act of 1974') (20 U.S.C.
1232g).
``(B) Students not attending public school.--With
respect to any student who is not attending a public
elementary school or secondary school, personally
identifiable information obtained under this division
shall only be disclosed to--
``(i) individuals carrying out the evaluation
described in paragraph (1)(A) for such student;
``(ii) the group of individuals providing
information for carrying out the evaluation of
such student; and
``(iii) the parents of such student.''.
(2) Transition of evaluation.--
(A) Termination of previous evaluations.--The
Secretary of Education shall--
(i) terminate the evaluations conducted under
section 3009(a) of the Scholarships for
Opportunity and Results Act (sec. 38-1853.09(a),
D.C. Official Code), as in effect on the day
before the date of enactment of this title, after
obtaining data for the 2017-2018 school year; and
(ii) submit any reports required for the 2017-
2018 school year or preceding years with respect
to the evaluations in accordance with section
3009(b) of such Act.
(B) New evaluations.--
(i) <<NOTE: Effective date. Time period.>> In
general.--Effective beginning with respect to the
2018-2019 school year, the Secretary shall conduct
new evaluations in accordance with the provisions
of section 3009(a) of the Scholarships for
Opportunity and Results Act (sec. 38-1853.09(a),
D.C. Official Code), as amended by this title.
(ii) Most recent evaluation.--As a component
of the new evaluations described in clause (i),
the Secretary shall continue to monitor and
evaluate the students who were evaluated in the
most recent evaluation under such section prior to
the date of enactment of this title, including by
monitoring and evaluating the test scores and
other information of such students.
(b) Duty of Mayor To Ensure Institute Has All Information Necessary
To Carry Out Evaluations.--Section 3011(a)(1)
[[Page 131 STAT. 402]]
(sec. 38-1853.11(a)(1), D.C. Official Code) is amended to read as
follows:
``(1) Information necessary to carry out evaluations.--
Ensure that all District of Columbia public schools and District
of Columbia public charter schools make available to the
Institute of Education Sciences of the Department of Education
all of the information the Institute requires to carry out the
assessments and perform the evaluations required under section
3009(a).''.
funding for district of columbia public schools and public charter
schools
Sec. 909. (a) Mandatory Withholding of Funds for Failure To Comply
With Conditions.--Section 3011(b) (sec. 38-1853.11(b), D.C. Official
Code) is amended to read as follows:
``(b) <<NOTE: Determination.>> Enforcement.--If, after reasonable
notice and an opportunity for a hearing, the Secretary determines that
the Mayor has failed to comply with any of the requirements of
subsection (a), the Secretary may withhold from the Mayor, in whole or
in part--
``(1) the funds otherwise authorized to be appropriated
under section 3014(a)(2), if the failure to comply relates to
the District of Columbia public schools;
``(2) the funds otherwise authorized to be appropriated
under section 3014(a)(3), if the failure to comply relates to
the District of Columbia public charter schools; or
``(3) the funds otherwise authorized to be appropriated
under both paragraphs (2) and (3) of section 3014(a), if the
failure relates to both the District of Columbia public schools
and the District of Columbia public charter schools.''.
(b) Rules for Use of Funds Provided for Support of Public Charter
Schools.--Section 3011 (sec. 38-1853.11, D.C. Official Code) is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(b) Specific Rules Regarding Funds Provided for Support of Public
Charter Schools.--The following <<NOTE: Applicability.>> rules shall
apply with respect to the funds provided under this division for the
support of District of Columbia public charter schools:
``(1) The Secretary may direct the funds provided for any
fiscal year, or any portion thereof, to the Office of the State
Superintendent of Education of the District of Columbia.
``(2) The Office of the State Superintendent of Education of
the District of Columbia may transfer the funds to subgrantees
that are--
``(A) specific District of Columbia public charter
schools or networks of such schools; or
``(B) District of Columbia-based nonprofit
organizations with experience in successfully providing
support or assistance to District of Columbia public
charter schools or networks of such schools.
``(3) The funds provided under this division for the support
of District of Columbia public charter schools shall be
available to any District of Columbia public charter school in
good standing with the District of Columbia Charter School
Board,
[[Page 131 STAT. 403]]
and the Office of the State Superintendent of Education of the
District of Columbia and the District of Columbia Charter School
Board may not restrict the availability of such funds to certain
types of schools on the basis of the school's location,
governing body, or the school's facilities.''.
revision of current memorandum of understanding
Sec. 910. Not <<NOTE: Deadline. Time period.>> later than the
beginning of the 2018-2019 school year, the Secretary of Education and
the Mayor of the District of Columbia shall revise the memorandum of
understanding which is in effect under section 3012(d) of the
Scholarships for Opportunity and Results Act as of the day before the
date of the enactment of this title to address the following:
(1) The amendments made by this title.
(2) The need to ensure that participating schools under the
Scholarships for Opportunity and Results Act meet fire code
standards and maintain certificates of occupancy.
(3) The need to ensure that District of Columbia public
schools and District of Columbia public charter schools meet the
requirements under such Act to comply with all reasonable
requests for information necessary to carry out the evaluations
required under section 3009(a) of such Act.
definitions
Sec. 911. Section 3013 (sec. 38-1853.13, D.C. Official Code) is
amended--
(1) by redesignating paragraphs (1) through (10) as
paragraphs (2) through (11), respectively;
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
``(1) Core subject matter.--The term `core subject matter'
means--
``(A) mathematics;
``(B) science; and
``(C) English, reading, or language arts.''; and
(3) in paragraph (4)(B), as redesignated by paragraph (1),
by inserting ``household with a'' before ``student''.
extension of authorization of appropriations
Sec. 912. (a) In General.--Section 3014(a) (sec. 38-1853.14, D.C.
Official Code) is amended by striking ``and for each of the 4 succeeding
fiscal years'' and inserting ``and for each fiscal year through fiscal
year 2019''.
(b) Effective Date.--The amendment made by subsection (a) shall take
effect on September 30, 2016.
effective date
Sec. 913. Except <<NOTE: Applicability.>> as otherwise provided,
the amendments made by this title shall apply with respect to school
year 2018-2019 and each succeeding school year.
This division may be cited as the ``Financial Services and General
Government Appropriations Act, 2017''.
[[Page 131 STAT. 404]]
DIVISION <<NOTE: Department of Homeland Security Appropriations Act,
2017.>> F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT
Office of the Secretary and Executive Management
operations and support
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $137,034,000:
Provided, That not to exceed $40,000 shall be for official reception and
representation expenses: Provided further, <<NOTE: Compliance.>> That
of the funds provided under this heading, $2,000,000 shall be withheld
from obligation until the Secretary complies with section 107 of this
Act.
Management Directorate
operations and support
For necessary expenses of the Management Directorate for operations
and support, $597,817,000, of which $194,092,000 shall remain available
until September 30, 2018: Provided, That not to exceed $2,000 shall be
for official reception and representation expenses.
procurement, construction, and improvements
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $18,839,000, to remain
available until September 30, 2018.
research and development
For necessary expenses of the Management Directorate for research
and development, $2,500,000, to remain available until September 30,
2018.
Intelligence, Analysis, and Operations Coordination
operations and support
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support,
$263,551,000, of which $106,115,000 shall remain available until
September 30, 2018: Provided, That not to exceed $3,825 shall be for
official reception and representation expenses and not to exceed
$2,000,000 is available for facility needs associated with secure space
at fusion centers, including improvements to buildings.
[[Page 131 STAT. 405]]
Office of Inspector General
operations and support
For necessary expenses of the Office of Inspector General for
operations and support, $175,000,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction of
the Inspector General.
Administrative Provisions
Sec. 101. The Secretary of Homeland Security shall submit to the
Committees on Appropriations of the Senate and the House of
Representatives, at the time the President's budget proposal for fiscal
year 2018 is submitted pursuant to section 1105(a) of title 31, United
States Code, the Future Years Homeland Security Program, as authorized
by section 874 of Public Law 107-296 (6 U.S.C. 454).
Sec. 102. Not <<NOTE: Deadline. Reports.>> later than 30 days
after the last day of each month, the Chief Financial Officer of the
Department of Homeland Security shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a monthly
budget and staffing report that includes total obligations of the
Department for that month and for the fiscal year at the appropriation
and program, project, and activity levels, by the source year of the
appropriation.
Sec. 103. (a) <<NOTE: Reports. Deadlines.>> Notwithstanding section
518 of Public Law 114-113, the Secretary of Homeland Security shall
submit a report not later than October 15, 2017, to the Inspector
General of the Department of Homeland Security listing all grants and
contracts awarded by any means other than full and open competition
during fiscal years 2016 and 2017.
(b) <<NOTE: Review. Assessment.>> The Inspector General shall
review the report required by subsection (a) to assess departmental
compliance with applicable laws and regulations and report the results
of that review to the Committees on Appropriations of the Senate and the
House of Representatives not later than February 15, 2018.
Sec. 104. The <<NOTE: Contracts. Fees.>> Secretary of Homeland
Security shall require that all contracts of the Department of Homeland
Security that provide award fees link such fees to successful
acquisition outcomes, which shall be specified in terms of cost,
schedule, and performance.
Sec. 105. The <<NOTE: Consultation. Notification.>> Secretary of
Homeland Security, in consultation with the Secretary of the Treasury,
shall notify the Committees on Appropriations of the Senate and the
House of Representatives of any proposed transfers of funds available
under section 9703(g)(4)(B) of title 31, United States Code (as added by
Public Law 102-393) from the Department of the Treasury Forfeiture Fund
to any agency within the Department of Homeland Security: Provided,
That none of the funds identified for such a transfer may be obligated
until the Committees on Appropriations of the Senate and the House of
Representatives are notified of the proposed transfers.
Sec. 106. All official costs associated with the use of Government
aircraft by Department of Homeland Security personnel to support
official travel of the Secretary and the Deputy Secretary shall be paid
from amounts made available for the Office of the Secretary.
[[Page 131 STAT. 406]]
Sec. 107. (a) <<NOTE: Deadline. Reports. Visa data.>> Not later
than 30 days after the date of enactment of this Act, the Secretary of
Homeland Security shall submit to the Committees on Appropriations of
the Senate and the House of Representatives, the Committees on the
Judiciary of the Senate and the House of Representatives, the Committee
on Homeland Security and Governmental Affairs of the Senate, and the
Committee on Homeland Security of the House of Representatives, a report
for fiscal year 2016 on visa overstay data by country as required by
section 1376 of title 8, United States Code: Provided, That the report
on visa overstay data shall also include--
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and sub-
classes of such categories; and
(2) numbers as well as rates of overstays for each class and
sub-class of such nonimmigrant categories on a per-country
basis.
(b) <<NOTE: Web posting.>> The Secretary of Homeland Security shall
publish on the Department's Web site the metrics developed to measure
the effectiveness of security between the ports of entry, including the
methodology and data supporting the resulting measures.
Sec. 108. Within <<NOTE: Deadlines. Certification.>> 30 days of
the date of enactment of this Act, and monthly thereafter, the Secretary
or Chief Financial Officer shall certify to the Committees on
Appropriations of the Senate and the House of Representatives whether
U.S. Immigration and Customs Enforcement is administering and executing
its Enforcement and Removal Operations activities consistent with
available budgetary authority provided by law: Provided, That such
certification shall include both actual and projected financial
obligation data, with the projections informed by seasonality, planned
immigration enforcement operations, all relevant enforcement data
systems, and other information sources as necessary.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For necessary expenses of U.S. Customs and Border Protection for
operations and support, including the transportation of unaccompanied
minor aliens; the provision of air and marine support to Federal, State,
and local agencies in the enforcement or administration of laws enforced
by the Department of Homeland Security; at the discretion of the
Secretary of Homeland Security, the provision of such support to
Federal, State, and local agencies in other law enforcement and
emergency humanitarian efforts; the purchase and lease of up to 7,500
(6,500 for replacement only) police-type vehicles; the purchase,
maintenance, or operation of marine vessels, aircraft, and unmanned
aerial systems; and contracting with individuals for personal services
abroad; $10,900,636,000; of which $3,274,000 shall be derived from the
Harbor Maintenance Trust Fund for administrative expenses related to the
collection of the Harbor Maintenance Fee pursuant to section 9505(c)(3)
of the Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and
notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which $681,441,500 shall be available until
[[Page 131 STAT. 407]]
September 30, 2018; and of which such sums as become available in the
Customs User Fee Account, except sums subject to section 13031(f)(3) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19 U.S.C.
58c(f)(3)), shall be derived from that account: Provided, That not to
exceed $34,425 shall be for official reception and representation
expenses: Provided further, That not to exceed $150,000 shall be
available for payment for rental space in connection with preclearance
operations: Provided further, That not to exceed $1,000,000 shall be
for awards of compensation to informants, to be accounted for solely
under the certificate of the Secretary of Homeland Security.
procurement, construction, and improvements
For necessary expenses for U.S. Customs and Border Protection for
procurement, construction, and improvements, including procurements to
buy marine vessels, aircraft, and unmanned aerial systems, $273,617,000,
of which $252,842,000 shall remain available until September 30, 2019,
and of which $20,775,000 shall remain available until September 30,
2021.
U.S. Immigration and Customs Enforcement
operations and support
For necessary expenses of U.S. Immigration and Customs Enforcement
for operations and support, including the purchase and lease of up to
3,790 (2,350 for replacement only) police-type vehicles; overseas vetted
units; and maintenance, minor construction, and minor leasehold
improvements at owned and leased facilities, $6,168,532,000; of which
$6,000,000 shall remain available until expended for efforts to enforce
laws against forced child labor; of which not less than $15,000,000
shall be available for investigation of intellectual property rights
violations, including operation of the National Intellectual Property
Rights Coordination Center; of which $18,700,000 shall remain available
until September 30, 2018, for the Visa Security Program and
investigations abroad; of which not less than $3,471,806,000 shall be
for enforcement, detention, and removal operations, including
transportation of unaccompanied minor aliens: Provided, That not to
exceed $11,475 shall be for official reception and representation
expenses: Provided further, That not to exceed $10,000,000 shall be
available until expended for conducting special operations under section
3131 of the Customs Enforcement Act of 1986 (19 U.S.C. 2081): Provided
further, That not to exceed $2,000,000 shall be for awards of
compensation to informants, to be accounted for solely under the
certificate of the Secretary of Homeland Security: Provided further,
That not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully present in
the United States: Provided further, <<NOTE: Plan.>> That of the funds
provided under this heading, $25,000,000 shall be withheld from
obligation until the comprehensive plan for immigration data improvement
is submitted as required in section 212 of this Act.
[[Page 131 STAT. 408]]
procurement, construction, and improvements
For necessary expenses of U.S. Immigration and Customs Enforcement
for procurement, construction, and improvements, $29,800,000, to remain
available until September 30, 2019.
Transportation Security Administration
operations and support
For necessary expenses of the Transportation Security Administration
for operations and support, $7,105,047,000, to remain available until
September 30, 2018: Provided, That not to exceed $7,650 shall be for
official reception and representation expenses: Provided further, That
security service fees authorized under section 44940 of title 49, United
States Code, shall be credited to this appropriation as offsetting
collections and shall be available only for aviation security: Provided
further, That the sum appropriated under this heading from the general
fund shall be reduced on a dollar-for-dollar basis as such offsetting
collections are received during fiscal year 2017 so as to result in a
final fiscal year appropriation from the general fund estimated at not
more than $4,975,047,000.
procurement, construction, and improvements
For necessary expenses of the Transportation Security Administration
for procurement, construction, and improvements, $206,093,000, to remain
available until September 30, 2019.
research and development
For necessary expenses of the Transportation Security Administration
for research and development, $5,000,000, to remain available until
September 30, 2018.
Coast Guard
operating expenses
For necessary expenses for the operations and maintenance of the
Coast Guard, not otherwise provided for; purchase or lease of not to
exceed 25 passenger motor vehicles, which shall be for replacement only;
purchase or lease of small boats for contingent and emergent
requirements (at a unit cost of not more than $700,000) and repairs and
service-life replacements, not to exceed a total of $31,000,000;
purchase or lease of boats necessary for overseas deployments and
activities; purchase, lease, or improvement of other equipment (at a
unit cost of not more than $250,000); minor shore construction projects
not exceeding $1,000,000 in total cost on any location; payments
pursuant to section 156 of Public Law 97-377 (42 U.S.C. 402 note; 96
Stat. 1920); and recreation and welfare; $7,079,628,000; of which
$502,692,000 shall be for defense-related activities, of which
$162,692,000 is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985; of
which $24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
[[Page 131 STAT. 409]]
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which $11,000,000
shall remain available until September 30, 2019, of which $6,000,000 is
solely for grants authorized by the Coast Guard Authorization Act of
2010 (46 U.S.C. 4502(i) and (j)) and $5,000,000 is to meet the
obligations specified in 14 U.S.C. 98(b): Provided, That not to exceed
$23,000 shall be for official reception and representation expenses.
environmental compliance and restoration
For necessary expenses to carry out the environmental compliance and
restoration functions of the Coast Guard under chapter 19 of title 14,
United States Code, $13,315,000, to remain available until September 30,
2021.
reserve training
For necessary expenses of the Coast Guard Reserve; operations and
maintenance of the Coast Guard Reserve Program; personnel and training
costs; and equipment and services; $112,302,000.
acquisition, construction, and improvements
For necessary expenses of the Coast Guard for acquisition,
construction, renovation, and improvement of aids to navigation, shore
facilities (including facilities at Department of Defense installations
used by the Coast Guard), vessels, and aircraft, including equipment
related thereto, $1,370,007,000; of which $20,000,000 shall be derived
from the Oil Spill Liability Trust Fund to carry out the purposes of
section 1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C.
2712(a)(5)); and of which $1,256,655,000 shall be available until
September 30, 2021, of which $95,000,000 shall be immediately available
and allotted to contract for long lead time materials for the tenth
National Security Cutter notwithstanding the availability of funds for
production or post-production costs.
research, development, test, and evaluation
For necessary expenses of the Coast Guard for research, development,
test, and evaluation; and for maintenance, rehabilitation, lease, and
operation of facilities and equipment; $36,319,000, to remain available
until September 30, 2019, of which $500,000 shall be derived from the
Oil Spill Liability Trust Fund to carry out the purposes of section
1012(a)(5) of the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(5)):
Provided, That there may be credited to and used for the purposes of
this appropriation funds received from State and local governments,
other public authorities, private sources, and foreign countries for
expenses incurred for research, development, testing, and evaluation.
retired pay
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments under the
Retired Serviceman's Family Protection and Survivor Benefits Plans,
payment for career status bonuses, concurrent receipts, and combat-
related special compensation, and payments
[[Page 131 STAT. 410]]
for medical care of retired personnel and their dependents under chapter
55 of title 10, United States Code, $1,666,940,000, to remain available
until expended.
United States Secret Service
operations and support
For necessary expenses of the United States Secret Service for
operations and support, including purchase of not to exceed 652 vehicles
for police-type use for replacement only; hire of passenger motor
vehicles; purchase of motorcycles made in the United States; hire of
aircraft; rental of buildings in the District of Columbia, fencing,
lighting, guard booths, and other facilities on private or other
property not in Government ownership or control, as may be necessary to
perform protective functions; conduct of and participation in firearms
matches; presentation of awards; conduct of behavioral research in
support of protective intelligence and operations; payment in advance
for commercial accommodations as may be necessary to perform protective
functions; and payment, without regard to section 5702 of title 5,
United States Code, of subsistence expenses of employees who are on
protective missions, whether at or away from their duty stations;
$1,821,451,000; of which $42,966,000 shall remain available until
September 30, 2018, of which $6,000,000 shall be for a grant for
activities related to investigations of missing and exploited children;
and of which not less than $13,869,000 shall be for activities related
to training in electronic crimes investigations and forensics:
Provided, That not to exceed $19,125 shall be for official reception and
representation expenses: Provided further, That not to exceed $100,000
shall be to provide technical assistance and equipment to foreign law
enforcement organizations in counterfeit investigations.
procurement, construction, and improvements
For necessary expenses of the United States Secret Service for
procurement, construction, and improvements, $90,627,000, to remain
available until September 30, 2019.
research and development
For necessary expenses of the United States Secret Service for
research and development, $2,500,000, to remain available until
September 30, 2018.
Administrative Provisions
Sec. 201. (a) <<NOTE: Overtime.>> For fiscal year 2017, the
overtime limitation prescribed in section 5(c)(1) of the Act of February
13, 1911 (19 U.S.C. 267(c)(1)) shall be $45,000; and notwithstanding any
other provision of law, none of the funds appropriated by this Act shall
be available to compensate any employee of U.S. Customs and Border
Protection for overtime, from whatever source, in an amount that exceeds
such limitation, except in individual cases determined by the Secretary
of Homeland Security, or the designee of the Secretary, to be necessary
for national security purposes, to prevent excessive costs, or in cases
of immigration emergencies.
[[Page 131 STAT. 411]]
(b) <<NOTE: Waiver authority.>> None of the funds made available by
this Act for the following accounts shall be available to compensate any
employee for overtime in an annual amount in excess of $45,000:
(1) ``U.S. Immigration and Customs Enforcement--Operations
and Support'', except that the Secretary of Homeland Security,
or the designee of the Secretary, may waive such amount as
necessary for national security purposes and in cases of
immigration emergencies.
(2) ``United States Secret Service--Operations and
Support'', except that the Secretary of Homeland Security, or
the designee of the Secretary, may waive such amount as
necessary for national security purposes.
Sec. 202. Funding <<NOTE: Puerto Rico.>> made available under the
heading ``U.S. Customs and Border Protection--Operations and Support''
and ``U.S. Customs and Border Protection--Procurement, Construction, and
Improvements'' shall be available for customs expenses when necessary to
maintain operations and prevent adverse personnel actions in Puerto Rico
in addition to funding provided by 48 U.S.C. 740.
Sec. 203. No <<NOTE: Notification.>> U.S. Customs and Border
Protection aircraft or other related equipment, with the exception of
aircraft that are one of a kind and have been identified as excess to
U.S. Customs and Border Protection requirements and aircraft that have
been damaged beyond repair, shall be transferred to any other Federal
agency, department, or office outside of the Department of Homeland
Security during fiscal year 2017 without prior notice to the Committees
on Appropriations of the Senate and the House of Representatives.
Sec. 204. As <<NOTE: Fees. Canada. Mexico.>> authorized by section
601(b) of the United States-Colombia Trade Promotion Agreement
Implementation Act (Public Law 112-42), fees collected from passengers
arriving from Canada, Mexico, or an adjacent island pursuant to section
13031(a)(5) of the Consolidated Omnibus Budget Reconciliation Act of
1985 (19 U.S.C. 58c(a)(5)) shall be available until expended.
Sec. 205. For an additional amount for ``U.S. Customs and Border
Protection--Operations and Support'', $31,000,000, to remain available
until expended, to be reduced by amounts collected and credited to this
appropriation from amounts authorized to be collected by section 286(i)
of the Immigration and Nationality Act (8 U.S.C. 1356(i)), section 10412
of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8311),
and section 817 of the Trade Facilitation and Trade Enforcement Act of
2015, or other such authorizing language: Provided, That to the extent
that amounts realized from such collections exceed $31,000,000, those
amounts in excess of $31,000,000 shall be credited to this
appropriation, to remain available until expended.
Sec. 206. None <<NOTE: Exports and imports. Canada. Drugs and drug
abuse.>> of the funds made available in this Act for U.S. Customs and
Border Protection may be used to prevent an individual not in the
business of importing a prescription drug (within the meaning of section
801(g) of the Federal Food, Drug, and Cosmetic Act) from importing a
prescription drug from Canada that complies with the Federal Food, Drug,
and Cosmetic Act: Provided, <<NOTE: Applicability.>> That this section
shall apply only to individuals transporting on their person a personal-
use quantity of the prescription drug, not to exceed a 90-day supply:
Provided further, That the prescription drug may not be--
(1) a controlled substance, as defined in section 102 of the
Controlled Substances Act (21 U.S.C. 802); or
[[Page 131 STAT. 412]]
(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
Sec. 207. Notwithstanding <<NOTE: Waiver. Maritime
vessels. Consultation.>> any other provision of law, none of the funds
provided in this or any other Act shall be used to approve a waiver of
the navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b)
for the transportation of crude oil distributed from and to the
Strategic Petroleum Reserve until the Secretary of Homeland Security,
after consultation with the Secretaries of the Departments of Energy and
Transportation and representatives from the United States flag maritime
industry, takes adequate measures to ensure the use of United States
flag vessels: Provided, <<NOTE: Notification. Deadline.>> That the
Secretary shall notify the Committees on Appropriations of the Senate
and the House of Representatives, the Committee on Commerce, Science,
and Transportation of the Senate, and the Committee on Transportation
and Infrastructure of the House of Representatives within 2 business
days of any request for waivers of navigation and vessel-inspection laws
pursuant to 46 U.S.C. 501(b) and the disposition of such requests.
Sec. 208. (a) <<NOTE: Effective date. Border fees.>> Beginning on
the date of enactment of this Act, the Secretary of Homeland Security
shall not--
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or the
Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) <<NOTE: Definition.>> In this section, the term ``border
crossing fee'' means a fee that every pedestrian, cyclist, and driver
and passenger of a private motor vehicle is required to pay for the
privilege of crossing the Southern border or the Northern border at a
land port of entry.
Sec. 209. Without regard to the limitation as to time and condition
of section 503(d) of this Act, the Secretary may reprogram and transfer
funds within and into ``U.S. Immigration and Customs Enforcement--
Operations and Support'' as necessary to ensure the detention of aliens
prioritized for removal.
Sec. 210. None <<NOTE: Determination.>> of the funds provided
under the heading ``U.S. Immigration and Customs Enforcement--Operations
and Support'' may be used to continue a delegation of law enforcement
authority authorized under section 287(g) of the Immigration and
Nationality Act (8 U.S.C. 1357(g)) if the Department of Homeland
Security Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
Sec. 211. None <<NOTE: Contracts.>> of the funds provided under
the heading ``U.S. Immigration and Customs Enforcement--Operations and
Support'' may be used to continue any contract for the provision of
detention services if the two most recent overall performance
evaluations received by the contracted facility are less than
``adequate'' or the equivalent median score in any subsequent
performance evaluation system.
Sec. 212. (a) <<NOTE: Deadline. Plan.>> Not later than 90 days
after the date of enactment of this Act, the Director of U.S.
Immigration and Customs Enforcement shall submit to the Committees on
Appropriations of the Senate and the House of Representatives a
comprehensive plan for immigration data improvement.
(b) The plan required in subsection (a) shall include--
(1) an action plan detailing necessary engagement with
Federal partners, major milestones, and an estimated timeline
[[Page 131 STAT. 413]]
for each of the major milestones leading to completion of the
plan;
(2) a staffing plan, detailing the positions and titles for
both Federal and contract staff necessary to execute the plan;
and
(3) <<NOTE: Funding estimate.>> an estimate of the funding
necessary to implement the plan.
Sec. 213. Members of the United States House of Representatives and
the United States Senate, including the leadership; the heads of Federal
agencies and commissions, including the Secretary, Deputy Secretary,
Under Secretaries, and Assistant Secretaries of the Department of
Homeland Security; the United States Attorney General, Deputy Attorney
General, Assistant Attorneys General, and the United States Attorneys;
and senior members of the Executive Office of the President, including
the Director of the Office of Management and Budget, shall not be exempt
from Federal passenger and baggage screening.
Sec. 214. Any <<NOTE: Explosives detection systems.>> award by the
Transportation Security Administration to deploy explosives detection
systems shall be based on risk, the airport's current reliance on other
screening solutions, lobby congestion resulting in increased security
concerns, high injury rates, airport readiness, and increased cost
effectiveness.
Sec. 215. Notwithstanding section 44923 of title 49, United States
Code, for fiscal year 2017, any funds in the Aviation Security Capital
Fund established by section 44923(h) of title 49, United States Code,
may be used for the procurement and installation of explosives detection
systems or for the issuance of other transaction agreements for the
purpose of funding projects described in section 44923(a) of such title.
Sec. 216. The <<NOTE: Reports. Applicability.>> reporting
requirement in the ninth proviso under the heading ``Transportation
Security Administration--Aviation Security'' in the Department of
Homeland Security Appropriations Act, 2016 (Public Law 114-113), shall
apply in fiscal year 2017, except that the reference to ``this Act''
shall be treated as referring to this Act.
Sec. 217. None of the funds made available by this or any other Act
may be used by the Administrator of the Transportation Security
Administration to implement, administer, or enforce, in abrogation of
the responsibility described in section 44903(n)(1) of title 49, United
States Code, any requirement that airport operators provide airport-
financed staffing to monitor exit points from the sterile area of any
airport at which the Transportation Security Administration provided
such monitoring as of December 1, 2013.
Sec. 218. None of the funds made available by this Act under the
heading ``Coast Guard--Operating Expenses'' shall be for expenses
incurred for recreational vessels under section 12114 of title 46,
United States Code, except to the extent fees are collected from owners
of yachts and credited to the appropriation made available by this Act
under the heading ``Coast Guard--Operating Expenses'': Provided, That
to the extent such fees are insufficient to pay expenses of recreational
vessel documentation under such section 12114, and there is a backlog of
recreational vessel applications, then personnel performing non-
recreational vessel documentation functions under subchapter II of
chapter 121 of title 46, United States Code, may perform documentation
under section 12114.
Sec. 219. Without regard to the limitation as to time and condition
of section 503(d) of this Act, after June 30, up to
[[Page 131 STAT. 414]]
$10,000,000 may be reprogrammed to or from the Military Pay and
Allowances funding category within ``Coast Guard--Operating Expenses''
in accordance with subsection (a) of section 503.
Sec. 220. None of the funds in this Act shall be used to reduce the
Coast Guard's Operations Systems Center mission or its government-
employed or contract staff levels.
Sec. 221. None of the funds appropriated by this Act may be used to
conduct, or to implement the results of, a competition under Office of
Management and Budget Circular A-76 for activities performed with
respect to the Coast Guard National Vessel Documentation Center.
Sec. 222. Funds made available in this Act may be used to alter
operations within the Civil Engineering Program of the Coast Guard
nationwide, including civil engineering units, facilities design and
construction centers, maintenance and logistics commands, and the Coast
Guard Academy, except that none of the funds provided in this Act may be
used to reduce operations within any civil engineering unit unless
specifically authorized by a statute enacted after the date of enactment
of this Act.
Sec. 223. Funds made available under this heading for Overseas
Contingency Operations/Global War on Terrorism may be allocated by
program, project, and activity, notwithstanding section 503 of this Act.
Sec. 224. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from Federal agencies
and entities, as defined in section 105 of title 5, United States Code,
for personnel receiving training sponsored by the James J. Rowley
Training Center, except that total obligations at the end of the fiscal
year shall not exceed total budgetary resources available under the
heading ``United States Secret Service--Operations and Support'' at the
end of the fiscal year.
Sec. 225. None of the funds made available to the United States
Secret Service by this Act or by previous appropriations Acts may be
made available for the protection of the head of a Federal agency other
than the Secretary of Homeland Security:
Provided, <<NOTE: Contracts. Reimbursement.>> That the Director of the
Secret Service may enter into agreements to provide such protection on a
fully reimbursable basis.
Sec. 226. None <<NOTE: Notification. Deadline.>> of the funds made
available to the United States Secret Service by this Act or by previous
appropriations Acts may be obligated for the purpose of opening a new
permanent domestic or overseas office or location unless the Committees
on Appropriations of the Senate and the House of Representatives are
notified 15 days in advance of such obligation.
Sec. 227. For purposes of section 503(a)(3) of this Act, up to
$15,000,000 may be reprogrammed within ``United States Secret Service--
Operations and Support''.
Sec. 228. Funding <<NOTE: Notification. Deadline.>> made available
in this Act for ``United States Secret Service--Operations and Support''
is available for travel of United States Secret Service employees on
protective missions without regard to the limitations on such
expenditures in this or any other Act if the Director of the United
States Secret Service or a designee notifies the Committees on
Appropriations of the Senate and the House of Representatives 10 or more
days in advance, or as early as practicable, prior to such expenditures.
[[Page 131 STAT. 415]]
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
National Protection and Programs Directorate
operations and support
For necessary expenses of the National Protection and Programs
Directorate for operations and support, $1,372,268,000, of which
$117,148,000 shall remain available until September 30, 2018: Provided,
That not to exceed $3,825 shall be for official reception and
representation expenses: <<NOTE: Compliance.>> Provided further, That
of the funds provided under this heading, $20,000,000 shall be withheld
from obligation until the Secretary of Homeland Security complies with
section 301 of this Act.
federal protective service
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses related
to the protection of federally owned and leased buildings and for the
operations of the Federal Protective Service.
procurement, construction, and improvements
For necessary expenses of the National Protection and Programs
Directorate for procurement, construction, and improvements,
$440,035,000, to remain available until September 30, 2018.
research and development
For necessary expenses of the National Protection and Programs
Directorate for research and development, $6,469,000, to remain
available until September 30, 2018.
Office of Health Affairs
operations and support
For necessary expenses of the Office of Health Affairs for
operations and support, $123,548,000, of which $16,161,000 shall remain
available until September 30, 2018: Provided, <<NOTE: Compliance.>>
That of the funds provided under this heading, $2,000,000 shall be
withheld from obligation for Mission Support until the Chief Medical
Officer complies with section 302 of this Act: Provided further, That
the Secretary of Homeland Security may transfer up to $2,000,000 from
the funds provided under this heading to ``Science and Technology
Directorate--Research and Development'' for the purpose of advancing
early detection capabilities related to a bioterrorism event.
Federal Emergency Management Agency
operations and support
For necessary expenses of the Federal Emergency Management Agency
for operations and support, $1,048,551,000: Provided, That
[[Page 131 STAT. 416]]
not to exceed $2,250 shall be for official reception and representation
expenses.
procurement, construction, and improvements
For necessary expenses of the Federal Emergency Management Agency
for procurement, construction, and improvements, $35,273,000, to remain
available until September 30, 2018.
federal assistance
For activities of the Federal Emergency Management Agency for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $2,983,458,000, which shall be allocated as
follows:
(1) $467,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act of 2002
(6 U.S.C. 605), of which $55,000,000 shall be for Operation
Stonegarden: Provided, <<NOTE: Puerto Rico.>> That
notwithstanding subsection (c)(4) of such section 2004, for
fiscal year 2017, the Commonwealth of Puerto Rico shall make
available to local and tribal governments amounts provided to
the Commonwealth of Puerto Rico under this paragraph in
accordance with subsection (c)(1) of such section 2004.
(2) $605,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $25,000,000 shall be for organizations (as
described under section 501(c)(3) of the Internal Revenue Code
of 1986 and exempt from tax under section 501(a) of such code)
determined by the Secretary of Homeland Security to be at high
risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security
Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of the
Implementing Recommendations of the 9/11 Commission Act of 2007
(6 U.S.C. 1135, 1163, and 1182), of which $10,000,000 shall be
for Amtrak security and $2,000,000 shall be for Over-the-Road
Bus Security: Provided, That such public transportation
security assistance shall be provided directly to public
transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance with
46 U.S.C. 70107.
(5) $690,000,000, to remain available until September 30,
2018, of which $345,000,000 shall be for Assistance to
Firefighter Grants and $345,000,000 shall be for Staffing for
Adequate Fire and Emergency Response Grants under sections 33
and 34 respectively of the Federal Fire Prevention and Control
Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance grants
under the National Flood Insurance Act of 1968 (42 U.S.C. 4001),
the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121), the Earthquake Hazards Reduction Act of
1977 (42 U.S.C. 7701), 6 U.S.C. 762, and Reorganization Plan No.
3 of 1978 (5 U.S.C. App.).
(7) $100,000,000 for the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5133), to remain
available until expended.
[[Page 131 STAT. 417]]
(8) $177,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement any
other sums appropriated under the National Flood Insurance Fund,
and such additional sums as may be provided by States or other
political subdivisions for cost-shared mapping activities under
42 U.S.C. 4101(f)(2), to remain available until expended.
(9) $120,000,000 for the emergency food and shelter program
under title III of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(10) $273,927,000 to sustain current operations for
training, exercises, technical assistance, and other programs.
disaster relief fund
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.),
$7,328,515,000, to remain available until expended, of which
$6,713,000,000 shall be for major disasters declared pursuant to the
Robert T. Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 5121 et seq.) and is designated by the Congress as being for
disaster relief pursuant to section 251(b)(2)(D) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
national flood insurance fund
For activities under the National Flood Insurance Act of 1968 (42
U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973 (42
U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform Act of
2012 (Public Law 112-141, 126 Stat. 916), and the Homeowner Flood
Insurance Affordability Act of 2014 (Public Law 113-89; 128 Stat. 1020),
$181,799,000, to remain available until September 30, 2018, which shall
be derived from offsetting amounts collected under section 1308(d) of
the National Flood Insurance Act of 1968 (42 U.S.C. 4015(d)); of which
$13,436,000 shall be available for mission support associated with flood
management; and of which $168,363,000 shall be available for flood plain
management and flood mapping: Provided, That any additional fees
collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain management
and flood mapping: Provided further, That in fiscal year 2017, no funds
shall be available from the National Flood Insurance Fund under section
1310 of the National Flood Insurance Act of 1968 (42 U.S.C. 4017) in
excess of--
(1) $147,042,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,061,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
[[Page 131 STAT. 418]]
Provided further, That the amounts collected under section 102 of the
Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a) and section
1366(e) of the National Flood Insurance Act of 1968 shall be deposited
in the National Flood Insurance Fund to supplement other amounts
specified as available for section 1366 of the National Flood Insurance
Act of 1968, notwithstanding section 102(f)(8), section 1366(e), and
paragraphs (1) through (3) of section 1367(b) of such Act (42 U.S.C.
4012a(f)(8), 4104c(e), 4104d(b)(1)-(3)): Provided further, That total
administrative costs shall not exceed 4 percent of the total
appropriation: Provided further, That up to $5,000,000 is available to
carry out section 24 of the Homeowner Flood Insurance Affordability Act
of 2014 (42 U.S.C. 4033).
Administrative Provisions
(including transfer of funds)
Sec. 301. The <<NOTE: Briefing.>> Secretary of Homeland Security,
or the designee of the Secretary, shall brief the Committees on
Appropriations of the Senate and the House of Representatives on plans
to--
(1) implement a facial recognition matching capability for
Automated Biometric Identification System holdings, including
the ability to search, store, and match, that is independent of
other biometric modalities but scalable for future needs;
(2) accelerate the development of multi-modal biometric
capability (Homeland Advanced Recognition Technology Increment
2) to ensure that full multi-modal capability is available for
stakeholders by the end of fiscal year 2018;
(3) establish a new, equitable governance structure in
fiscal year 2017 that ensures stakeholder mission requirements
are prioritized for implementation, to include--
(A) a project plan and capability execution schedule
for each stakeholder mission;
(B) stakeholder management of all requests for
services;
(C) a weighted on-boarding process for new
requirements and priorities; and
(D) an executive stakeholder review process; and
(4) demonstrate new agile projects focused on the ability to
fuse biographic intelligence information with biometric data.
Sec. 302. The <<NOTE: Reports. Plans.>> Chief Medical Officer
shall submit a report to the Committees on Appropriations of the Senate
and the House of Representatives that includes--
(1) a comprehensive strategy and project plan to advance the
Nation's early detection capabilities related to a bioterrorism
event;
(2) a description of the responsibilities of the Office of
Health Affairs, Science and Technology Directorate, and other
departmental components as appropriate for implementing such
strategy;
(3) a description of technical and operational programmatic
efficiencies to be gained by replacing or enhancing the current
BioWatch system;
(4) specific timelines and benchmarks for implementation of
a new or enhanced system, including, but not limited to--
(A) a mission needs statement;
(B) operational requirements documents;
[[Page 131 STAT. 419]]
(C) key performance parameters;
(D) a test and evaluation master plan; and
(E) an acquisition plan and strategy;
(5) an expenditure plan for fiscal year 2017 activities that
advance the Nation's early detection capabilities related to a
bioterrorism event; and
(6) <<NOTE: Cost estimate.>> detailed cost estimates for
not less than 5 years for the development of a new or enhanced
BioWatch system.
Sec. 303. Notwithstanding section 2008(a)(11) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(11)) or any other provision of
law, not more than 5 percent of the amount of a grant made available in
paragraphs (1) through (4) under ``Federal Emergency Management Agency--
Federal Assistance'', may be used by the grantee for expenses directly
related to administration of the grant.
Sec. 304. Applications for grants under the heading ``Federal
Emergency Management Agency--Federal Assistance'', for paragraphs (1)
through (4), shall be made available to eligible applicants not later
than 60 days after the date of enactment of this Act, eligible
applicants shall submit applications not later than 80 days after the
grant announcement, and the Administrator of the Federal Emergency
Management Agency shall act within 65 days after the receipt of an
application.
Sec. 305. Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) through (4), the
Administrator of the Federal Emergency Management Agency shall brief the
Committees on Appropriations of the Senate and the House of
Representatives 5 full business days in advance of announcing publicly
the intention of making an award.
Sec. 306. Under the heading ``Federal Emergency Management Agency--
Federal Assistance'', for grants under paragraphs (1) and (2), the
installation of communications towers is not considered construction of
a building or other physical facility.
Sec. 307. Notwithstanding section 509 of this Act, the
Administrator of the Federal Emergency Management Agency may use the
funds provided under the heading ``Federal Emergency Management Agency--
Federal Assistance'' in paragraph (10) to acquire real property for the
purpose of establishing or appropriately extending the security buffer
zones around Federal Emergency Management Agency training facilities.
Sec. 308. Notwithstanding any other provision of law--
(1) grants awarded to States along the Southwest Border of
the United States under sections 2003 or 2004 of the Homeland
Security Act of 2002 (6 U.S.C. 604 and 605) using funds provided
under the heading ``Federal Emergency Management Agency--Federal
Assistance'' for grants under paragraph (1) in this Act, or
under the heading ``Federal Emergency Management Agency--State
and Local Programs'' in Public Law 114-4, division F of Public
Law 113-76, or division D of Public Law 113-6 may be used by
recipients or sub-recipients for costs, or reimbursement of
costs, related to providing humanitarian relief to unaccompanied
alien children and alien adults accompanied by an alien minor
where they are encountered after entering the United States,
provided that such costs were incurred between January 1, 2014,
and December 31, 2014, or during the award period of
performance; and
(2) grants awarded to States under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605) using funds
[[Page 131 STAT. 420]]
provided under the heading ``Federal Emergency Management
Agency--Federal Assistance'' for grants under paragraph (1) in
this Act may be used by recipients or sub-recipients for costs,
or reimbursement of costs, related to public safety in support
of a State declaration of emergency.
Sec. 309. The reporting requirements in paragraphs (1) and (2)
under the heading ``Federal Emergency Management Agency--Disaster Relief
Fund'' in the Department of Homeland Security Appropriations Act, 2015
(Public Law 114-4) shall be applied in fiscal year 2017 with respect to
budget year 2018 and current fiscal year 2017, respectively, by
substituting ``fiscal year 2018'' for ``fiscal year 2016'' in paragraph
(1).
Sec. 310. The Administrator of the Federal Emergency Management
Agency shall transfer $56,872,752 in unobligated balances made available
for the appropriations account for ``Federal Emergency Management
Agency--Disaster Assistance Direct Loan Program Account'' by section
4502 of Public Law 110-28 to the appropriations account for ``Federal
Emergency Management Agency--Disaster Relief Fund'': Provided, That
amounts transferred to such account under this section shall be
available for any authorized purpose of such account: Provided further,
That amounts transferred pursuant to this section that were previously
designated by the Congress as an emergency requirement pursuant to a
concurrent resolution on the budget are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 and shall be
transferred only if the President subsequently so designates the entire
transfer and transmits such designation to the Congress.
Sec. 311. Notwithstanding 42 U.S.C. 5170c(b)(2)(B)(ii), the
Administrator of the Federal Emergency Management Agency may allow the
construction of an earthen levee by a State, local, or tribal government
on covered hazard mitigation land: Provided, That such construction
constitutes part of a flood control project, is constructed of
naturally-occurring materials, and conforms to other criteria as
established by the Administrator of the Federal Emergency Management
Agency through policy.
Sec. 312. The aggregate charges assessed during fiscal year 2017,
as authorized in title III of the Departments of Veterans Affairs and
Housing and Urban Development, and Independent Agencies Appropriations
Act, 1999 (42 U.S.C. 5196e), shall not be less than 100 percent of the
amounts anticipated by the Department of Homeland Security to be
necessary for its Radiological Emergency Preparedness Program for the
next fiscal year: Provided, That <<NOTE: Fees.>> the methodology for
assessment and collection of fees shall be fair and equitable and shall
reflect costs of providing such services, including administrative costs
of collecting such fees: Provided further, That such fees shall be
deposited in a Radiological Emergency Preparedness Program account as
offsetting collections and will become available for authorized purposes
on October 1, 2017, and remain available until expended.
[[Page 131 STAT. 421]]
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. Citizenship and Immigration Services
operations and support
For necessary expenses of U.S. Citizenship and Immigration Services
for operations and support of the E-Verify Program, $103,912,000.
procurement, construction, and improvements
For necessary expenses of U.S. Citizenship and Immigration Services
for procurement, construction, and improvements of the E-Verify Program,
$15,227,000.
Federal Law Enforcement Training Centers
operations and support
For necessary expenses of the Federal Law Enforcement Training
Centers for operations and support, including the purchase of not to
exceed 117 vehicles for police-type use and hire of passenger motor
vehicles, and services as authorized by section 3109 of title 5, United
States Code, $242,518,000, of which up to $50,748,000 shall remain
available until September 30, 2018, and of which $27,553,000 shall
remain available until September 30, 2019: Provided, That not to exceed
$7,180 shall be for official reception and representation expenses.
Science and Technology Directorate
operations and support
For necessary expenses of the Science and Technology Directorate for
operations and support, including the purchase or lease of not to exceed
5 vehicles, $311,122,000, of which $182,334,000 shall remain available
until September 30, 2018: Provided, That not to exceed $7,650 shall be
for official reception and representation expenses.
research and development
For necessary expenses of the Science and Technology Directorate for
research and development, $470,624,000, to remain available until
September 30, 2019.
Domestic Nuclear Detection Office
operations and support
For necessary expenses of the Domestic Nuclear Detection Office for
operations and support, $50,042,000: Provided, That not to exceed
$2,250 shall be for official reception and representation expenses.
[[Page 131 STAT. 422]]
procurement, construction, and improvements
For necessary expenses of the Domestic Nuclear Detection Office for
procurement, construction, and improvements, $101,053,000, to remain
available until September 30, 2019.
research and development
For necessary expenses of the Domestic Nuclear Detection Office for
research and development, $155,061,000, to remain available until
September 30, 2019.
federal assistance
For necessary expenses of the Domestic Nuclear Detection Office for
Federal assistance through grants, contracts, cooperative agreements,
and other activities, $46,328,000, to remain available until September
30, 2019.
Administrative Provisions
Sec. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services
may be used to acquire, operate, equip, and dispose of up to 5 vehicles,
for replacement only, for areas where the Administrator of General
Services does not provide vehicles for lease: Provided, That the
Director of U.S. Citizenship and Immigration Services may authorize
employees who are assigned to those areas to use such vehicles to travel
between the employees' residences and places of employment.
Sec. 402. None of the funds made available in this Act may be used
by U.S. Citizenship and Immigration Services to grant an immigration
benefit unless the results of background checks required by law to be
completed prior to the granting of the benefit have been received by
U.S. Citizenship and Immigration Services, and the results do not
preclude the granting of the benefit.
Sec. 403. None of the funds appropriated by this Act may be used to
process or approve a competition under Office of Management and Budget
Circular A-76 for services provided by employees (including employees
serving on a temporary or term basis) of U.S. Citizenship and
Immigration Services of the Department of Homeland Security who are
known as Immigration Information Officers, Immigration Service Analysts,
Contact Representatives, Investigative Assistants, or Immigration
Services Officers.
Sec. 404. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations
Fee Account, up to $10,000,000 may be allocated by U.S. Citizenship and
Immigration Services in fiscal year 2017 for the purpose of providing an
immigrant integration grants program.
(b) None of the funds made available to U.S. Citizenship and
Immigration Services for grants for immigrant integration under
subsection (a) or (c) may be used to provide services to aliens who have
not been lawfully admitted for permanent residence.
(c) <<NOTE: 8 USC 1382.>> The Director of U.S. Citizenship and
Immigration Services is authorized in fiscal year 2017, and in each
fiscal year thereafter, to solicit, accept, administer, and utilize
gifts, including donations of property, for the purpose of providing an
immigrant integration grants program and related activities to promote
citizenship and
[[Page 131 STAT. 423]]
immigrant integration: Provided, That all sums received under this
subsection shall be deposited in a separate account in the general fund
of the Treasury to be known as the ``Citizenship Gift and Bequest
Account'': Provided further, That all funds deposited into the
Citizenship Gift and Bequest Account shall remain available until
expended, and shall be available in addition to any funds appropriated
or otherwise made available for an immigrant integration grants program
or other activities to promote citizenship and immigrant integration.
(d) Nothing in this section shall be construed to limit the
authority of the Secretary of Homeland Security under section 507 of the
Department of Homeland Security Appropriations Act, 2004 (Public Law
108-90) or any other law with respect to the solicitation and acceptance
of gifts.
Sec. 405. The Director of the Federal Law Enforcement Training
Centers is authorized to distribute funds to Federal law enforcement
agencies for expenses incurred participating in training accreditation.
Sec. 406. The Director of the Federal Law Enforcement Training
Centers shall schedule basic or advanced law enforcement training, or
both, at all four training facilities under the control of the Federal
Law Enforcement Training Centers to ensure that such training facilities
are operated at the highest capacity throughout the fiscal year.
Sec. 407. The Federal Law Enforcement Training Accreditation Board,
including representatives from the Federal law enforcement community and
non-Federal accreditation experts involved in law enforcement training,
shall lead the Federal law enforcement training accreditation process to
continue the implementation of measuring and assessing the quality and
effectiveness of Federal law enforcement training programs, facilities,
and instructors.
Sec. 408. (a) There is to be established a ``Federal Law Enforcement
Training Centers--Procurement, Construction, and Improvements''
appropriations account for planning, operational development,
engineering, and purchases prior to sustainment and for information
technology-related procurement, construction, and improvements,
including non-tangible assets of the Federal Law Enforcement Training
Centers.
(b) The Director of the Federal Law Enforcement Training Centers may
accept transfers to the account established by subsection (a) from
Government agencies requesting the construction of special use
facilities, as authorized by the Economy Act (31 U.S.C. 1535(b)):
Provided, That the Federal Law Enforcement Training Centers maintain
administrative control and ownership upon completion of the facility.
Sec. 409. The functions of the Federal Law Enforcement Training
Centers instructor staff shall be classified as inherently governmental
for the purpose of the Federal Activities Inventory Reform Act of 1998
(31 U.S.C. 501 note).
[[Page 131 STAT. 424]]
TITLE V
GENERAL PROVISIONS
(including transfers and rescissions of funds)
Sec. 501. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 502. Subject to the requirements of section 503 of this Act,
the unexpended balances of prior appropriations provided for activities
in this Act may be transferred to appropriation accounts for such
activities established pursuant to this Act, may be merged with funds in
the applicable established accounts, and thereafter may be accounted for
as one fund for the same time period as originally enacted.
Sec. 503. (a) None of the funds provided by this Act, provided by
previous appropriations Acts to the components in or transferred to the
Department of Homeland Security that remain available for obligation or
expenditure in fiscal year 2017, or provided from any accounts in the
Treasury of the United States derived by the collection of fees
available to the components funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently
performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the President's
budget proposal for fiscal year 2017 for the Department of
Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more;
(5) reorganizes components; or
(6) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress,
unless the Committees on Appropriations of the Senate and the House of
Representatives are notified at least 15 days in advance of such
reprogramming.
(b) Up to 5 percent of any appropriation made available for the
current fiscal year for the Department of Homeland Security by this Act
or provided by previous appropriations Acts may be transferred between
such appropriations if the Committees on Appropriations of the Senate
and the House of Representatives are notified at least 30 days in
advance of such transfer, but no such appropriation, except as otherwise
specifically provided, shall be increased by more than 10 percent by
such transfer.
(c) Notwithstanding subsections (a) and (b), no funds shall be
reprogrammed within or transferred between appropriations based upon an
initial notification provided after June 30, except in extraordinary
circumstances that imminently threaten the safety of human life or the
protection of property.
[[Page 131 STAT. 425]]
(d) The notification thresholds and procedures set forth in
subsections (a), (b), and (c) shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland Security
Appropriations Acts.
(e) Notwithstanding subsection (b), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101 note, up
to $20,000,000 from appropriations available to the Department of
Homeland Security: Provided, <<NOTE: Notification. Deadline.>> That
the Secretary shall notify the Committees on Appropriations of the
Senate and the House of Representatives 5 days in advance of such
transfer.
Sec. 504. The <<NOTE: 31 USC 501 note.>> Department of Homeland
Security Working Capital Fund, established pursuant to section 403 of
Public Law 103-356 (31 U.S.C. 501 note), shall continue operations as a
permanent working capital fund for fiscal year 2017: Provided, That
none of the funds appropriated or otherwise made available to the
Department of Homeland Security may be used to make payments to the
Working Capital Fund, except for the activities and amounts allowed in
the President's fiscal year 2017 budget: Provided further, That funds
provided to the Working Capital Fund shall be available for obligation
until expended to carry out the purposes of the Working Capital Fund:
Provided further, That all departmental components shall be charged only
for direct usage of each Working Capital Fund service: Provided
further, That funds provided to the Working Capital Fund shall be used
only for purposes consistent with the contributing component: Provided
further, That the Working Capital Fund shall be paid in advance or
reimbursed at rates which will return the full cost of each service:
Provided further, <<NOTE: Notification.>> That the Committees on
Appropriations of the Senate and the House of Representatives shall be
notified of any activity added to or removed from the fund: Provided
further, That for any activity added to the fund, the notification shall
identify sources of funds by program, project, and activity: Provided
further, <<NOTE: Deadlines. Reports.>> That the Chief Financial Officer
of the Department of Homeland Security shall submit a quarterly
execution report with activity-level detail, not later than 30 days
after the end of each quarter.
Sec. 505. Except <<NOTE: Deadline.>> as otherwise specifically
provided by law, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2017, as recorded in the
financial records at the time of a reprogramming notification, but not
later than June 30, 2018, from appropriations for ``Operations and
Support'' and for ``Coast Guard--Operating Expenses'', and salaries and
expenses for ``Coast Guard--Acquisition, Construction, and
Improvements'' and ``Coast Guard--Reserve Training'' for fiscal year
2017 in this Act shall remain available through September 30, 2018, in
the account and for the purposes for which the appropriations were
provided: Provided, <<NOTE: Notification.>> That prior to the
obligation of such funds, a notification shall be submitted to the
Committees on Appropriations of the Senate and the House of
Representatives in accordance with section 503 of this Act.
Sec. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress for
purposes of section 504 of the National Security Act of 1947 (50 U.S.C.
414) during fiscal year 2017 until the enactment of an Act authorizing
intelligence activities for fiscal year 2017.
[[Page 131 STAT. 426]]
Sec. 507. (a) The Secretary of Homeland Security, or the designee of
the Secretary, shall notify the Committees on Appropriations of the
Senate and the House of Representatives at least 3 full business days in
advance of--
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract, or to
issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an
obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award items
under paragraph (1), (2), or (3), including a contract covered
by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that compliance
with this section would pose a substantial risk to human life, health,
or safety, an award may be made without notification, and the Secretary
shall notify the Committees on Appropriations of the Senate and the
House of Representatives not later than 5 full business days after such
an award is made or letter issued.
(c) A notification under this section--
(1) may not involve funds that are not available for
obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type of
contract; and the account from which the funds are being drawn.
Sec. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate and the
House of Representatives, except that the Federal Law Enforcement
Training Centers is authorized to obtain the temporary use of additional
facilities by lease, contract, or other agreement for training that
cannot be accommodated in existing Center facilities.
Sec. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States Code, has
not been approved, except that necessary funds may be expended for each
project for required expenses for the development of a proposed
prospectus.
Sec. 510. Sections 520, 522, and 530 of the Department of Homeland
Security Appropriations Act, 2008 (division E of Public Law 110-161; 121
Stat. 2073 and 2074) shall apply with respect to funds made available in
this Act in the same manner as such sections applied to funds made
available in that Act.
Sec. 511. None of the funds made available in this Act may be used
in contravention of the applicable provisions of the Buy American Act:
Provided, That for purposes of the preceding sentence, the term ``Buy
American Act'' means chapter 83 of title 41, United States Code.
[[Page 131 STAT. 427]]
Sec. 512. None of the funds made available in this Act may be used
to amend the oath of allegiance required by section 337 of the
Immigration and Nationality Act (8 U.S.C. 1448).
Sec. 513. Section 519 of division F of Public Law 114-113,
regarding a prohibition on funding for any position designated as a
Principal Federal Official, shall apply with respect to funds made
available in this Act in the same manner as such section applied to
funds made available in that Act.
Sec. 514. Section 831 of the Homeland Security Act of 2002 (6
U.S.C. 391) is amended--
(1) in subsection (a), by striking ``Until September 30,
2016,'' and inserting ``Until September 30, 2017,''; and
(2) in subsection (c)(1), by striking ``September 30,
2016,'' and inserting ``September 30, 2017,''.
Sec. 515. None of the funds made available in this Act may be used
for planning, testing, piloting, or developing a national identification
card.
Sec. 516. Any official that is required by this Act to report or to
certify to the Committees on Appropriations of the Senate and the House
of Representatives may not delegate such authority to perform that act
unless specifically authorized herein.
Sec. 517. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release, or
assist in the transfer or release to or within the United States, its
territories, or possessions Khalid Sheikh Mohammed or any other detainee
who--
(1) is not a United States citizen or a member of the Armed
Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of
Defense.
Sec. 518. None of the funds made available in this Act may be used
for first-class travel by the employees of agencies funded by this Act
in contravention of sections 301-10.122 through 301-10.124 of title 41,
Code of Federal Regulations.
Sec. 519. None of the funds made available in this Act may be used
to employ workers described in section 274A(h)(3) of the Immigration and
Nationality Act (8 U.S.C. 1324a(h)(3)).
Sec. 520. Notwithstanding any other provision of this Act, none of
the funds appropriated or otherwise made available by this Act may be
used to pay award or incentive fees for contractor performance that has
been judged to be below satisfactory performance or performance that
does not meet the basic requirements of a contract.
Sec. 521. In developing any process to screen aviation passengers
and crews for transportation or national security purposes, the
Secretary of Homeland Security shall ensure that all such processes take
into consideration such passengers' and crews' privacy and civil
liberties consistent with applicable laws, regulations, and guidance.
Sec. 522. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland Security
to enter into any Federal contract unless such contract is entered into
in accordance with the requirements of subtitle I of title 41, United
States Code, or chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless such
[[Page 131 STAT. 428]]
contract is otherwise authorized by statute to be entered into without
regard to the above referenced statutes.
Sec. 523. For an additional amount for ``Management Directorate--
Procurement, Construction, and Improvements'', $13,253,000, to remain
available until expended, for necessary expenses to plan, acquire,
design, construct, renovate, remediate, equip, furnish, improve
infrastructure, and occupy buildings and facilities for the Department
headquarters consolidation project.
Sec. 524. (a) For an additional amount for financial systems
modernization, $41,215,000, to remain available until September 30,
2018.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland Security
between appropriations for the same purpose, notwithstanding section 503
of this Act.
(c) No transfer described in subsection (b) shall occur until 15
days after the Committees on Appropriations of the Senate and the House
of Representatives are notified of such transfer.
Sec. 525. (a) None of the funds made available in this Act may be
used to maintain or establish a computer network unless such network
blocks the viewing, downloading, and exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 526. None of the funds made available in this Act may be used
by a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement officer
knows or suspects that the individual is an agent of a drug cartel
unless law enforcement personnel of the United States continuously
monitor or control the firearm at all times.
Sec. 527.
None <<NOTE: Conferences. Determination. Notification. Deadline.>> of
the funds made available in this Act may be used to pay for the travel
to or attendance of more than 50 employees of a single component of the
Department of Homeland Security, who are stationed in the United States,
at a single international conference unless the Secretary of Homeland
Security, or a designee, determines that such attendance is in the
national interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days of that
determination and the basis for that determination: Provided,
That <<NOTE: Definition.>> for purposes of this section the term
``international conference'' shall mean a conference occurring outside
of the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or
nongovernmental organizations: Provided further, That the total cost to
the Department of Homeland Security of any such conference shall not
exceed $500,000.
Sec. 528. None of the funds made available in this Act may be used
to reimburse any Federal department or agency for its participation in a
National Special Security Event.
Sec. 529. None <<NOTE: Pay reform. Time period.>> of the funds
made available to the Department of Homeland Security by this or any
other Act may be obligated for any structural pay reform that affects
more than 100 full-time positions or costs more than $5,000,000 in a
single year before the end of the 30-day period beginning on the date on
which
[[Page 131 STAT. 429]]
the Secretary of Homeland Security submits to Congress a notification
that includes--
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
Sec. 530. (a) Any agency receiving funds made available in this Act
shall, subject to subsections (b) and (c), post on the public website of
that agency any report required to be submitted by the Committees on
Appropriations of the Senate and the House of Representatives in this
Act, upon the determination by the head of the agency that it shall
serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises homeland or
national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so only
after such report has been made available to the Committees on
Appropriations of the Senate and the House of Representatives for not
less than 45 days except as otherwise specified in law.
Sec. 531. None of the funds made available by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
Sec. 532. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2018 that assumes
revenues or proposes a reduction from the previous year based on user
fees proposals that have not been enacted into law prior to the
submission of the budget, the Secretary of Homeland Security shall
provide the Committees on Appropriations of the Senate and the House of
Representatives specific reductions in proposed discretionary budget
authority commensurate with the revenues assumed in such proposals in
the event that they are not enacted prior to October 1, 2017.
Sec. 533. (a) Funding provided in this Act for ``Operations and
Support'' may be used for minor procurement, construction, and
improvements.
(b) For purposes of subsection (a), ``minor'' refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
(rescissions)
Sec. 534. Of the funds appropriated to the Department of Homeland
Security, the following funds are hereby rescinded from the following
accounts and programs in the specified amounts: Provided, That no
amounts may be rescinded from amounts that were designated by the
Congress as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act
of 1985 (Public Law 99-177):
(1) $95,000,000 from Public Law 109-88;
(2) $3,000,000 from unobligated prior year balances from
``Office of the Chief Information Officer'';
[[Page 131 STAT. 430]]
(3) $31,293,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Automation
Modernization'';
(4) $21,150,000 from unobligated prior year balances from
``U.S. Customs and Border Protection--Border Security, Fencing,
Infrastructure, and Technology'';
(5) $21,450,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Air and Marine
Operations'';
(6) $20,690,000 from unobligated prior year balances from
``U.S. Customs and Border Protection, Construction and
Facilities Management'';
(7) $13,500,000 from Public Law 114-4 under the heading
``U.S. Immigration and Customs Enforcement, Salaries and
Expenses'';
(8) $45,000,000 from Public Law 114-113 under the heading
``U.S. Immigration and Customs Enforcement, Salaries and
Expenses'';
(9) $2,900,000 from unobligated prior year balances from
``U.S. Immigration and Customs Enforcement, Construction'';
(10) $104,650,000 from Public Law 114-113 under the heading
``Transportation Security Administration--Aviation Security'';
(11) $2,582,000 from Public Law 114-113 under the heading
``Transportation Security Administration--Surface Transportation
Security'';
(12) $9,930,000 from Public Law 114-113 under the heading
``Transportation Security Administration--Intelligence and
Vetting'';
(13) $2,518,000 from Public Law 114-113 under the heading
``Transportation Security Administration, Transportation
Security Support'';
(14) $4,200,000 from Public Law 113-6 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(15) $19,300,000 from Public Law 113-76 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(16) $16,500,000 from Public Law 114-4 under the heading
``Coast Guard, Acquisition, Construction, and Improvements'';
(17) $31,000,000 from Public Law 114-113 under the heading
``Coast Guard--Acquisition, Construction, and Improvements'';
(18) $11,071,000 from unobligated prior year balances from
``Federal Emergency Management Agency, State and Local
Programs'' account 70 <dbl-dagger> 0560;
(19) $977,289 from Public Law 113-76 under the heading
``Science and Technology--Research, Development, Acquisition,
and Operations'';
(20) $5,000,000 from Public Law 114-4 under the heading
``Science and Technology--Research, Development, Acquisition,
and Operations''; and
(21) $1,522,711 from Public Law 114-113 under the heading
``Science and Technology--Research, Development, Acquisition,
and Operations''.
[[Page 131 STAT. 431]]
(rescissions)
Sec. 535. Of the funds transferred to the Department of Homeland
Security when it was created in 2003, the following funds are hereby
rescinded from the following accounts and programs in the specified
amounts:
(1) $277,827 from ``Customs and Border Protection--Salaries
and Expenses'';
(2) $621,375 from ``Immigrations and Customs Enforcement'';
(3) $84,268 from ``Immigrations and Customs Enforcement--
Violent Crime Fund'';
(4) $499,074 from ``Transportation Security Administration--
Salaries and Expenses'';
(5) $244,764 from ``United States Coast Guard--Acquisition,
Construction and Improvements--IDS Aircraft'';
(6) $98,532 from ``United States Coast Guard--Acquisition,
Construction and Improvements--IDS Vessels''; and
(7) $15,562 from ``Federal Emergency Management
Association--Office of Domestic Preparedness''.
(rescission)
Sec. 536. The following unobligated balances made available to the
Department of Homeland Security pursuant to section 505 of the
Department of Homeland Security Appropriations Act, 2016 (Public Law
114-113) are rescinded:
(1) $45,676 from ``Office of the Chief Financial Officer'';
(2) $28,726 from ``Office of the Chief Information
Officer'';
(3) $73,013 from ``Office of the Secretary and Executive
Management'';
(4) $475,792 from ``Analysis and Operations'';
(5) $111,886 from ``Office of the Inspector General'';
(6) $11,536,855 from ``U.S. Customs and Border Protection--
Salaries and Expenses'';
(7) $587,034 from ``U.S. Customs and Border Protection--
Automation Modernization'';
(8) $241,044 from ``U.S. Customs and Border Protection--Air
and Marine Interdiction, Operations, Maintenance, and
Procurement'';
(9) $15,807,298 from ``Coast Guard--Operation Expenses'';
(10) $746,434 from ``Coast Guard--Reserve Training'';
(11) $310,872 from ``Coast Guard--Acquisition, Construction
and Improvements'';
(12) $8,340,572 from ``United States Secret Service--
Salaries and Expenses'';
(13) $332,309 from ``Federal Emergency Management Agency--
State and Local Programs'';
(14) $48,524 from ``Federal Emergency Management Agency--
United States Fire Administration'';
(15) $1,275,569 from ``Federal Emergency Management Agency--
Management and Administration'';
(16) $59,453 from ``Office of Health Affairs'';
(17) $625,696 from ``United States Citizenship and
Immigration Services--Salaries and Expenses'';
(18) $372,881 from ``Federal Law Enforcement Training
Center--Salaries and Expenses'';
[[Page 131 STAT. 432]]
(19) $1,094,894 from ``Transportation Security Agency--
Aviation Security''; and
(20) $228,240 from ``Transportation Security Agency--
Transportation Security Support''.
(rescission)
Sec. 537. From the unobligated balances available in the Department
of the Treasury Forfeiture Fund established by section 9703 of title 31,
United States Code (added by section 638 of Public Law 102-393),
$187,000,000 shall be rescinded.
(rescission)
Sec. 538. Of the unobligated balances made available to ``Federal
Emergency Management Agency--Disaster Relief Fund'', $789,248,000 shall
be rescinded: Provided, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended: Provided
further, That no amounts may be rescinded from the amounts that were
designated by the Congress as being for disaster relief pursuant to
section 251(b)(2)(D) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 539. Section 401(b) of the Illegal Immigration Reform and
Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note) shall be
applied by substituting ``September 30, 2017'' for ``September 30,
2015''.
Sec. 540. Subclauses <<NOTE: Applicability. 8 USC 1101 note.>>
101(a)(27)(C)(ii)(II) and (III) of the Immigration and Nationality Act
(8 U.S.C. 1101(a)(27)(C)(ii)(II) and (III)) shall be applied by
substituting ``September 30, 2017'' for ``September 30, 2015''.
Sec. 541. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be applied
by substituting ``September 30, 2017'' for ``September 30, 2015''.
Sec. 542. Section 610(b) of the Departments of Commerce, Justice,
and State, the Judiciary, and Related Agencies Appropriations Act, 1993
(8 U.S.C. 1153 note) shall be applied by substituting ``September 30,
2017'' for ``September 30, 2015''.
Sec. 543. Notwithstanding the numerical limitation set forth in
section 214(g)(1)(B) of the Immigration and Nationality Act (8 U.S.C.
1184(g)(1)(B)), the Secretary of Homeland Security, after consultation
with the Secretary of Labor, and upon the determination that the needs
of American businesses cannot be satisfied in fiscal year 2017 with
United States workers who are willing, qualified, and able to perform
temporary nonagricultural labor, may increase the total number of aliens
who may receive a visa under section 101(a)(15)(H)(ii)(b) of such Act (8
U.S.C. 1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation
by not more than the highest number of H-2B nonimmigrants who
participated in the H-2B returning worker program in any fiscal year in
which returning workers were exempt from such numerical limitation.
Sec. 544. (a) For an additional amount for ``Federal Emergency
Management Agency--Federal Assistance'', $41,000,000, to remain
available until September 30, 2018, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs
[[Page 131 STAT. 433]]
for protection activities directly and demonstrably associated with any
residence of the President that is designated or identified to be
secured by the United States Secret Service.
(b) Funds under subsection (a) shall be available only for costs
that a State or local agency--
(1) incurs after January 20, 2017, and before October 1,
2017;
(2) can demonstrate to the Administrator as being--
(A) in excess of the costs of normal and typical law
enforcement operations;
(B) directly attributable to the provision of
protection described herein; and
(C) associated with a non-governmental property
designated or identified to be secured by the United
States Secret Service pursuant to section 3 or section 4
of the Presidential Protection Assistance Act of 1976
(Public Law 94-524); and
(3) certifies to the Administrator as being for protection
activities requested by the Director of the United States Secret
Service.
(c) For purposes of subsection (a), a designation or identification
of a property to be secured under subsection (b)(2)(C) made after
incurring otherwise eligible costs shall apply retroactively to January
20, 2017.
(d) The Administrator may establish written criteria consistent with
subsections (a) and (b).
(e) None of the funds provided shall be for hiring new or additional
personnel.
(f) The Inspector General of the Department of Homeland Security
shall audit reimbursements made under this section.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY--ADDITIONAL APPROPRIATIONS
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. Customs and Border Protection
operations and support
For an additional amount for ``Operations and Support'',
$274,813,000, to remain available until September 30, 2018, which shall
be available as follows:
(1) $91,315,000 for border security technology deployment;
(2) $47,500,000 to address facilities maintenance backlogs;
(3) $65,400,000 for improving hiring processes for Border
Patrol Agents, Customs Officers, and Air and Marine personnel,
and for relocation enhancements;
(4) $22,400,000 for border road maintenance; and
(5) $48,198,000 for surge operations.
procurement, construction and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'', $497,400,000, to remain available until September
[[Page 131 STAT. 434]]
30, 2021, which shall be available based on the highest priority border
security requirements as follows:
(1) $341,200,000 to replace approximately 40 miles of
existing primary pedestrian and vehicle border fencing along the
southwest border using previously deployed and operationally
effective designs, such as currently deployed steel bollard
designs, that prioritize agent safety; and to add gates to
existing barriers;
(2) $78,800,000 for acquisition and deployment of border
security technology; and
(3) $77,400,000 for new border road construction:
Provided, <<NOTE: Deadline. Security plan.>> That the Secretary of
Homeland Security shall, not later than 90 days after the date of
enactment of this Act, submit to the Committees on Appropriations of the
Senate and the House of Representatives a risk-based plan for improving
security along the borders of the United States, including the use of
personnel, fencing, other forms of tactical infrastructure, and
technology, that--
(1) defines goals, objectives, activities, and milestones;
(2) includes a detailed implementation schedule with
estimates for the planned obligation of funds for fiscal year
2017 through fiscal year 2021 that are linked to the milestone-
based delivery of specific--
(A) capabilities and services;
(B) mission benefits and outcomes;
(C) program management capabilities; and
(D) lifecycle cost estimates;
(3) describes how specific projects under the plan will
enhance border security goals and objectives and address the
highest priority border security needs;
(4) identifies the planned locations, quantities, and types
of resources, such as fencing, other physical barriers, or other
tactical infrastructure and technology;
(5) includes a description of the methodology and analyses
used to select specific resources for deployment to particular
locations that includes--
(A) <<NOTE: Analysis.>> analyses of alternatives,
including comparative costs and benefits;
(B) effects on communities and property owners near
areas of infrastructure deployment; and
(C) other factors critical to the decision-making
process;
(6) identifies staffing requirements, including full-time
equivalents, contractors, and detailed personnel, by activity;
(7) identifies performance metrics for assessing and
reporting on the contributions of border security capabilities
realized from current and future investments;
(8) <<NOTE: Reports.>> reports on the status of the
Department of Homeland Security's actions to address open
recommendations by the Office of Inspector General and the
Government Accountability Office related to border security,
including plans, schedules, and associated milestones for fully
addressing such recommendations; and
(9) <<NOTE: Certification.>> includes certifications by the
Under Secretary for Management, including all documents,
memoranda, and a description of the investment review and
information technology management oversight and processes
supporting such certifications, that--
[[Page 131 STAT. 435]]
(A) the program has been reviewed and approved in
accordance with an acquisition review management process
that complies with capital planning and investment
control and review requirements established by the
Office of Management and Budget, including as provided
in Circular A-11, part 7; and
(B) all planned activities comply with Federal
acquisition rules, requirements, guidelines, and
practices.
U.S. Immigration and Customs Enforcement
operations and support
For an additional amount for ``Operations and Support'',
$236,908,000, to remain available until September 30, 2018, of which
$147,870,000 shall be available for custody operations; of which
$57,392,000 shall be available for alternatives to detention; and of
which $31,646,000 shall be available for transportation and removal
operations.
United States Secret Service
operations and support
For an additional amount for ``Operations and Support'',
$58,012,000, to remain available until September 30, 2017.
procurement, construction and improvements
For an additional amount for ``Procurement, Construction, and
Improvements'' for necessary expenses for Presidential security,
$72,988,000, of which $22,988,000 shall remain available until September
30, 2019, and of which $50,000,000 shall remain available until
September 30, 2021.
ADMINISTRATIVE PROVISIONS--THIS TITLE
Sec. 601. Notwithstanding any other provision of law, funds made
available in this title are in addition to amounts appropriated or
otherwise made available for the Department of Homeland Security for
fiscal year 2017.
This division may be cited as the ``Department of Homeland Security
Appropriations Act, 2017''.
[[Page 131 STAT. 436]]
DIVISION G--DEPARTMENT OF THE IN-TERIOR, ENVIRONMENT, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
management of lands and resources
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition
of easements and other interests in lands, and performance of other
functions, including maintenance of facilities, as authorized by law, in
the management of lands and their resources under the jurisdiction of
the Bureau of Land Management, including the general administration of
the Bureau, and assessment of mineral potential of public lands pursuant
to section 1010(a) of Public Law 96-487 (16 U.S.C. 3150(a)),
$1,095,375,000, to remain available until expended, including all such
amounts as are collected from permit processing fees, as authorized but
made subject to future appropriation by section 35(d)(3)(A)(i) of the
Mineral Leasing Act (30 U.S.C. 191), except that amounts from permit
processing fees may be used for any bureau-related expenses associated
with the processing of oil and gas applications for permits to drill and
related use of authorizations; of which $3,000,000 shall be available in
fiscal year 2017 subject to a match by at least an equal amount by the
National Fish and Wildlife Foundation for cost-shared projects
supporting conservation of Bureau lands; and such funds shall be
advanced to the Foundation as a lump-sum grant without regard to when
expenses are incurred.
In addition, $39,696,000 is for Mining Law Administration program
operations, including the cost of administering the mining claim fee
program, to remain available until expended, to be reduced by amounts
collected by the Bureau and credited to this appropriation from mining
claim maintenance fees and location fees that are hereby authorized for
fiscal year 2017, so as to result in a final appropriation estimated at
not more than $1,095,375,000, and $2,000,000, to remain available until
expended, from communication site rental fees established by the Bureau
for the cost of administering communication site activities.
land acquisition
For expenses necessary to carry out sections 205, 206, and 318(d) of
Public Law 94-579, including administrative expenses and acquisition of
lands or waters, or interests therein, $31,416,000, to be derived from
the Land and Water Conservation Fund and to remain available until
expended.
[[Page 131 STAT. 437]]
oregon and california grant lands
For expenses necessary for management, protection, and development
of resources and for construction, operation, and maintenance of access
roads, reforestation, and other improvements on the revested Oregon and
California Railroad grant lands, on other Federal lands in the Oregon
and California land-grant counties of Oregon, and on adjacent rights-of-
way; and acquisition of lands or interests therein, including existing
connecting roads on or adjacent to such grant lands; $106,985,000, to
remain available until expended: Provided, That 25 percent of the
aggregate of all receipts during the current fiscal year from the
revested Oregon and California Railroad grant lands is hereby made a
charge against the Oregon and California land-grant fund and shall be
transferred to the General Fund in the Treasury in accordance with the
second paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 1181f).
range improvements
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant to
section 401 of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1751), notwithstanding any other Act, sums equal to 50 percent of
all moneys received during the prior fiscal year under sections 3 and 15
of the Taylor Grazing Act (43 U.S.C. 315b, 315m) and the amount
designated for range improvements from grazing fees and mineral leasing
receipts from Bankhead-Jones lands transferred to the Department of the
Interior pursuant to law, but not less than $10,000,000, to remain
available until expended: Provided, That not to exceed $600,000 shall
be available for administrative expenses.
service charges, deposits, and forfeitures
For administrative expenses and other costs related to processing
application documents and other authorizations for use and disposal of
public lands and resources, for costs of providing copies of official
public land documents, for monitoring construction, operation, and
termination of facilities in conjunction with use authorizations, and
for rehabilitation of damaged property, such amounts as may be collected
under Public Law 94-579 (43 U.S.C. 1701 et seq.), and under section 28
of the Mineral Leasing Act (30 U.S.C. 185), to remain available until
expended: Provided, <<NOTE: 47 USC 1735 note.>> That notwithstanding
any provision to the contrary of section 305(a) of Public Law 94-579 (43
U.S.C. 1735(a)), any moneys that have been or will be received pursuant
to that section, whether as a result of forfeiture, compromise, or
settlement, if not appropriate for refund pursuant to section 305(c) of
that Act (43 U.S.C. 1735(c)), shall be available and may be expended
under the authority of this Act by the Secretary to improve, protect, or
rehabilitate any public lands administered through the Bureau of Land
Management which have been damaged by the action of a resource
developer, purchaser, permittee, or any unauthorized person, without
regard to whether all moneys collected from each such action are used on
the exact lands damaged which led to the action: Provided further, That
any such moneys that are in excess of amounts needed
[[Page 131 STAT. 438]]
to repair damage to the exact land for which funds were collected may be
used to repair other damaged public lands.
miscellaneous trust funds
In addition to amounts authorized to be expended under existing
laws, there is hereby appropriated such amounts as may be contributed
under section 307 of Public Law 94-579 (43 U.S.C. 1737), and such
amounts as may be advanced for administrative costs, surveys,
appraisals, and costs of making conveyances of omitted lands under
section 211(b) of that Act (43 U.S.C. 1721(b)), to remain available
until expended.
administrative provisions
The Bureau of Land Management may carry out the operations funded
under this Act by direct expenditure, contracts, grants, cooperative
agreements and reimbursable agreements with public and private entities,
including with States. Appropriations for the Bureau shall be available
for purchase, erection, and dismantlement of temporary structures, and
alteration and maintenance of necessary buildings and appurtenant
facilities to which the United States has title; up to $100,000 for
payments, at the discretion of the Secretary, for information or
evidence concerning violations of laws administered by the Bureau;
miscellaneous and emergency expenses of enforcement activities
authorized or approved by the Secretary and to be accounted for solely
on the Secretary's certificate, not to exceed $10,000:
Provided, <<NOTE: Contracts. Determination.>> That notwithstanding
Public Law 90-620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law, procure
printing services from cooperators in connection with jointly produced
publications for which the cooperators share the cost of printing either
in cash or in services, and the Bureau determines the cooperator is
capable of meeting accepted quality standards: Provided
further, <<NOTE: Horses. Burros.>> That projects to be funded pursuant
to a written commitment by a State government to provide an identified
amount of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall not be
available for the destruction of healthy, unadopted, wild horses and
burros in the care of the Bureau or its contractors or for the sale of
wild horses and burros that results in their destruction for processing
into commercial products: Provided
further, <<NOTE: Applicability.>> That section 35 of the Mineral Leasing
Act (30 U.S.C. 191) shall be applied for fiscal year 2017 as if the
following were inserted after the period in subsection (d)(4):
``(5) There is appropriated to the Fee Account established
in subsection (c)(3)(B)(ii) of this section, out of any money in
the Treasury not otherwise appropriated, $26,000,000 for fiscal
year 2017, to remain available until expended, for the
processing of applications for permit to drill and related use
authorizations, to be reduced by amounts collected by the Bureau
and transferred to such Fee Account pursuant to subsection
(d)(3)(A)(ii) of this section, so as to result in a final fiscal
year 2017 appropriation from the general fund estimated at not
more than $0. Any offsetting receipts received in excess of
$26,000,000 in fiscal year 2017 that would have otherwise been
transferred to the Fee Account established in subsection
(c)(3)(B)(ii) of this section pursuant to subsection
(d)(3)(A)(ii)
[[Page 131 STAT. 439]]
of this section shall instead be deposited in the general fund
of the Treasury.''.
United States Fish and Wildlife Service
resource management
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic studies,
general administration, and for the performance of other authorized
functions related to such resources, $1,258,761,000, to remain available
until September 30, 2018: Provided, That not to exceed $20,515,000
shall be used for implementing subsections (a), (b), (c), and (e) of
section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533) (except
for processing petitions, developing and issuing proposed and final
regulations, and taking any other steps to implement actions described
in subsection (c)(2)(A), (c)(2)(B)(i), or (c)(2)(B)(ii)), of which not
to exceed $4,605,000 shall be used for any activity regarding the
designation of critical habitat, pursuant to subsection (a)(3),
excluding litigation support, for species listed pursuant to subsection
(a)(1) prior to October 1, 2015; of which not to exceed $1,501,000 shall
be used for any activity regarding petitions to list species that are
indigenous to the United States pursuant to subsections (b)(3)(A) and
(b)(3)(B); and, of which not to exceed $1,504,000 shall be used for
implementing subsections (a), (b), (c), and (e) of section 4 of the
Endangered Species Act of 1973 (16 U.S.C. 1533) for species that are not
indigenous to the United States.
construction
For construction, improvement, acquisition, or removal of buildings
and other facilities required in the conservation, management,
investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$18,615,000, to remain available until expended.
land acquisition
For expenses necessary to carry out chapter 2003 of title 54, United
States Code, including administrative expenses, and for acquisition of
land or waters, or interest therein, in accordance with statutory
authority applicable to the United States Fish and Wildlife Service,
$59,995,000, to be derived from the Land and Water Conservation Fund and
to remain available until expended, of which, notwithstanding section
200306 of title 54, United States Code, not more than $10,000,000 shall
be for land conservation partnerships authorized by the Highlands
Conservation Act of 2004, including not to exceed $320,000 for
administrative expenses: Provided, That none of the funds appropriated
for specific land acquisition projects may be used to pay for any
administrative overhead, planning or other management costs.
cooperative endangered species conservation fund
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available
until expended, of which $22,695,000 is to be derived from
[[Page 131 STAT. 440]]
the Cooperative Endangered Species Conservation Fund; and of which
$30,800,000 is to be derived from the Land and Water Conservation Fund.
national wildlife refuge fund
For expenses necessary to implement the Act of October 17, 1978 (16
U.S.C. 715s), $13,228,000.
north american wetlands conservation fund
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$38,145,000, to remain available until expended.
neotropical migratory bird conservation
For expenses necessary to carry out the Neotropical Migratory Bird
Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to remain
available until expended.
multinational species conservation fund
For expenses necessary to carry out the African Elephant
Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant
Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great Ape
Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the Marine Turtle
Conservation Act of 2004 (16 U.S.C. 6601 et seq.), $11,061,000, to
remain available until expended.
state and tribal wildlife grants
For wildlife conservation grants to States and to the District of
Columbia, Puerto Rico, Guam, the United States Virgin Islands, the
Northern Mariana Islands, American Samoa, and Indian tribes under the
provisions of the Fish and Wildlife Act of 1956 and the Fish and
Wildlife Coordination Act, for the development and implementation of
programs for the benefit of wildlife and their habitat, including
species that are not hunted or fished, $62,571,000, to remain available
until expended: Provided, That of the amount provided herein,
$4,209,000 is for a competitive grant program for Indian tribes not
subject to the remaining provisions of this appropriation: Provided
further, That $6,362,000 is for a competitive grant program to implement
approved plans for States, territories, and other jurisdictions and at
the discretion of affected States, the regional Associations of fish and
wildlife agencies, not subject to the remaining provisions of this
appropriation: Provided further, <<NOTE: Apportionment. District of
Columbia. Puerto Rico. Territories.>> That the Secretary shall, after
deducting $10,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of Columbia
and to the Commonwealth of Puerto Rico, each a sum equal to not more
than one-half of 1 percent thereof; and (2) to Guam, American Samoa, the
United States Virgin Islands, and the Commonwealth of the Northern
Mariana Islands, each a sum equal to not more than one-fourth of 1
percent thereof: Provided further, That the Secretary shall apportion
the remaining amount in the following manner: (1) one-third of which is
based on the
[[Page 131 STAT. 441]]
ratio to which the land area of such State bears to the total land area
of all such States; and (2) two-thirds of which is based on the ratio to
which the population of such State bears to the total population of all
such States: Provided further, That the amounts apportioned under this
paragraph shall be adjusted equitably so that no State shall be
apportioned a sum which is less than 1 percent of the amount available
for apportionment under this paragraph for any fiscal year or more than
5 percent of such amount: Provided further, That the Federal share of
planning grants shall not exceed 75 percent of the total costs of such
projects and the Federal share of implementation grants shall not exceed
65 percent of the total costs of such projects: Provided further, That
the non-Federal share of such projects may not be derived from Federal
grant programs: Provided further, That any amount apportioned in 2017
to any State, territory, or other jurisdiction that remains unobligated
as of September 30, 2018, shall be reapportioned, together with funds
appropriated in 2019, in the manner provided herein.
administrative provisions
The United States Fish and Wildlife Service may carry out the
operations of Service programs by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public and
private entities. Appropriations and funds available to the United
States Fish and Wildlife Service shall be available for repair of damage
to public roads within and adjacent to reservation areas caused by
operations of the Service; options for the purchase of land at not to
exceed $1 for each option; facilities incident to such public
recreational uses on conservation areas as are consistent with their
primary purpose; and the maintenance and improvement of aquaria,
buildings, and other facilities under the jurisdiction of the Service
and to which the United States has title, and which are used pursuant to
law in connection with management, and investigation of fish and
wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the
Service may, under cooperative cost sharing and partnership arrangements
authorized by law, procure printing services from cooperators in
connection with jointly produced publications for which the cooperators
share at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting accepted
quality standards: Provided further, That the Service may accept
donated aircraft as replacements for existing aircraft: Provided
further, That notwithstanding 31 U.S.C. 3302, all fees collected for
non-toxic shot review and approval shall be deposited under the heading
``United States Fish and Wildlife Service--Resource Management'' and
shall be available to the Secretary, without further appropriation, to
be used for expenses of processing of such non-toxic shot type or
coating applications and revising regulations as necessary, and shall
remain available until expended.
National Park Service
operation of the national park system
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National Park
Service and for the general administration of the National
[[Page 131 STAT. 442]]
Park Service, $2,425,018,000, of which $10,032,000 for planning and
interagency coordination in support of Everglades restoration and
$124,461,000 for maintenance, repair, or rehabilitation projects for
constructed assets shall remain available until September 30, 2018:
Provided, That funds appropriated under this heading in this Act are
available for the purposes of section 5 of Public Law 95-348.
national recreation and preservation
For expenses necessary to carry out recreation programs, natural
programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs, and
grant administration, not otherwise provided for, $62,638,000.
historic preservation fund
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $80,910,000, to be derived from the Historic Preservation Fund
and to remain available until September 30, 2018, of which $5,000,000
shall be for Save America's Treasures grants for preservation of
national significant sites, structures, and artifacts as authorized by
section 7303 of the Omnibus Public Land Management Act of 2009 (54
U.S.C. 3089): Provided, That an individual Save America's Treasures
grant shall be matched by non-Federal funds: Provided further, That
individual projects shall only be eligible for one grant: Provided
further, <<NOTE: Approval. Consultation.>> That all projects to be
funded shall be approved by the Secretary of the Interior in
consultation with the House and Senate Committees on Appropriations:
Provided further, That of the funds provided for the Historic
Preservation Fund, $500,000 is for competitive grants for the survey and
nomination of properties to the National Register of Historic Places and
as National Historic Landmarks associated with communities currently
underrepresented, as determined by the Secretary, $13,000,000 is for
competitive grants to preserve the sites and stories of the Civil Rights
movement, and $4,000,000 is for grants to Historically Black Colleges
and Universities: Provided further, That <<NOTE: Grants.>> such
competitive grants shall be made without imposing the matching
requirements in section 302902(b)(3) of title 54, United States Code to
States and Indian tribes as defined in chapter 3003 of such title,
Native Hawaiian organizations, local governments, including Certified
Local Governments, and nonprofit organizations.
construction
For construction, improvements, repair, or replacement of physical
facilities, and compliance and planning for programs and areas
administered by the National Park Service, $209,353,000, to remain
available until expended: Provided, That, notwithstanding any other
provision of law, for any project initially funded in fiscal year 2017
with a future phase indicated in the National Park Service 5-Year Line
Item Construction Plan, a single procurement may be issued which
includes the full scope of the project: Provided
further, <<NOTE: Contracts.>> That the solicitation and contract shall
contain the clause availability of funds found at 48 CFR 52.232-18:
Provided further, That National Park Service Donations, Park Concessions
Franchise
[[Page 131 STAT. 443]]
Fees, and Recreation Fees may be made available for the cost of
adjustments and changes within the original scope of effort for projects
funded by the National Park Service Construction appropriation:
Provided further, <<NOTE: Consultation.>> That the Secretary of the
Interior shall consult with the Committees on Appropriations, in
accordance with current reprogramming thresholds, prior to making any
charges authorized by this section.
land and water conservation fund
(rescission)
The <<NOTE: 54 USC 200308 note.>> contract authority provided for
fiscal year 2017 by section 200308 of title 54, United States Code, is
rescinded.
land acquisition and state assistance
For expenses necessary to carry out chapter 2003 of title 54, United
States Code, including administrative expenses, and for acquisition of
lands or waters, or interest therein, in accordance with the statutory
authority applicable to the National Park Service, $162,029,000, to be
derived from the Land and Water Conservation Fund and to remain
available until expended, of which $110,006,000 is for the State
assistance program and of which $10,000,000 shall be for the American
Battlefield Protection Program grants as authorized by chapter 3081 of
title 54, United States Code.
centennial challenge
For expenses necessary to carry out the provisions of section 101701
of title 54, United States Code, relating to challenge cost share
agreements, $20,000,000, to remain available until expended, for
Centennial Challenge projects and programs: Provided, That not less
than 50 percent of the total cost of each project or program shall be
derived from non-Federal sources in the form of donated cash, assets, or
a pledge of donation guaranteed by an irrevocable letter of credit.
administrative provisions
(including transfer of funds)
In addition to other uses set forth in section 101917(c)(2) of title
54, United States Code, franchise fees credited to a sub-account shall
be available for expenditure by the Secretary, without further
appropriation, for use at any unit within the National Park System to
extinguish or reduce liability for Possessory Interest or leasehold
surrender interest. Such funds may only be used for this purpose to the
extent that the benefitting unit anticipated franchise fee receipts over
the term of the contract at that unit exceed the amount of funds used to
extinguish or reduce liability. Franchise fees at the benefitting unit
shall be credited to the sub-account of the originating unit over a
period not to exceed the term of a single contract at the benefitting
unit, in the amount of funds so expended to extinguish or reduce
liability.
For the costs of administration of the Land and Water Conservation
Fund grants authorized by section 105(a)(2)(B) of the Gulf of Mexico
Energy Security Act of 2006 (Public Law 109-
[[Page 131 STAT. 444]]
432), the National Park Service may retain up to 3 percent of the
amounts which are authorized to be disbursed under such section, such
retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation, for
purposes authorized under 23 U.S.C. 204. Transfers may include a
reasonable amount for FHWA administrative support costs.
United States Geological Survey
surveys, investigations, and research
For expenses necessary for the United States Geological Survey to
perform surveys, investigations, and research covering topography,
geology, hydrology, biology, and the mineral and water resources of the
United States, its territories and possessions, and other areas as
authorized by 43 U.S.C. 31, 1332, and 1340; classify lands as to their
mineral and water resources; give engineering supervision to power
permittees and Federal Energy Regulatory Commission licensees;
administer the minerals exploration program (30 U.S.C. 641); conduct
inquiries into the economic conditions affecting mining and materials
processing industries (30 U.S.C. 3, 21a, and 1603; 50 U.S.C. 98g(1)) and
related purposes as authorized by law; and to publish and disseminate
data relative to the foregoing activities; $1,085,167,000, to remain
available until September 30, 2018; of which $71,237,189 shall remain
available until expended for satellite operations; and of which
$7,280,000 shall be available until expended for deferred maintenance
and capital improvement projects that exceed $100,000 in cost:
Provided, That none of the funds provided for the ecosystem research
activity shall be used to conduct new surveys on private property,
unless specifically authorized in writing by the property owner:
Provided further, That no part of this appropriation shall be used to
pay more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation
with States and municipalities.
administrative provisions
From within the amount appropriated for activities of the United
States Geological Survey such sums as are necessary shall be available
for contracting for the furnishing of topographic maps and for the
making of geophysical or other specialized surveys when it is
administratively determined that such procedures are in the public
interest; construction and maintenance of necessary buildings and
appurtenant facilities; acquisition of lands for gauging stations and
observation wells; expenses of the United States National Committee for
Geological Sciences; and payment of compensation and expenses of persons
employed by the Survey duly appointed to represent the United States in
the negotiation and administration of interstate compacts: Provided,
That activities funded by appropriations herein made may be accomplished
through the use of contracts, grants, or cooperative agreements as
defined in section 6302 of title 31, United States Code: Provided
further, That <<NOTE: Contracts.>> the United States Geological Survey
may enter into contracts or cooperative agreements directly with
individuals or indirectly with institutions or nonprofit organizations,
without regard to 41 U.S.C. 6101, for the temporary or intermittent
services of students
[[Page 131 STAT. 445]]
or recent graduates, who shall be considered employees for the purpose
of chapters 57 and 81 of title 5, United States Code, relating to
compensation for travel and work injuries, and chapter 171 of title 28,
United States Code, relating to tort claims, but shall not be considered
to be Federal employees for any other purposes.
Bureau of Ocean Energy Management
ocean energy management
For expenses necessary for granting leases, easements, rights-of-way
and agreements for use for oil and gas, other minerals, energy, and
marine-related purposes on the Outer Continental Shelf and approving
operations related thereto, as authorized by law; for environmental
studies, as authorized by law; for implementing other laws and to the
extent provided by Presidential or Secretarial delegation; and for
matching grants or cooperative agreements, $169,560,000, of which
$74,616,000, is to remain available until September 30, 2018 and of
which $94,944,000 is to remain available until expended: Provided, That
this total appropriation shall be reduced by amounts collected by the
Secretary and credited to this appropriation from additions to receipts
resulting from increases to lease rental rates in effect on August 5,
1993, and from cost recovery fees from activities conducted by the
Bureau of Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and
miscellaneous administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are received
during the fiscal year, so as to result in a final fiscal year 2017
appropriation estimated at not more than $74,616,000: Provided further,
That not to exceed $3,000 shall be available for reasonable expenses
related to promoting volunteer beach and marine cleanup activities.
Bureau of Safety and Environmental Enforcement
offshore safety and environmental enforcement
(including rescission of funds)
For expenses necessary for the regulation of operations related to
leases, easements, rights-of-way and agreements for use for oil and gas,
other minerals, energy, and marine-related purposes on the Outer
Continental Shelf, as authorized by law; for enforcing and implementing
laws and regulations as authorized by law and to the extent provided by
Presidential or Secretarial delegation; and for matching grants or
cooperative agreements, $136,772,000, of which $93,242,000 is to remain
available until September 30, 2018 and of which $43,530,000 is to remain
available until expended: Provided, That this total appropriation shall
be reduced by amounts collected by the Secretary and credited to this
appropriation from additions to receipts resulting from increases to
lease rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Safety and Environmental
Enforcement pursuant to the Outer Continental Shelf Lands Act, including
studies, assessments, analysis, and miscellaneous administrative
activities: Provided further, That the sum herein
[[Page 131 STAT. 446]]
appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2017
appropriation estimated at not more than $93,242,000.
For an additional amount, $53,000,000, to remain available until
expended, to be reduced by amounts collected by the Secretary and
credited to this appropriation, which shall be derived from non-
refundable inspection fees collected in fiscal year 2017, as provided in
this Act: Provided, That to the extent that amounts realized from such
inspection fees exceed $53,000,000, the amounts realized in excess of
$53,000,000 shall be credited to this appropriation and remain available
until expended: Provided further, That for fiscal year 2017, not less
than 50 percent of the inspection fees expended by the Bureau of Safety
and Environmental Enforcement will be used to fund personnel and
mission-related costs to expand capacity and expedite the orderly
development, subject to environmental safeguards, of the Outer
Continental Shelf pursuant to the Outer Continental Shelf Lands Act (43
U.S.C. 1331 et seq.), including the review of applications for permits
to drill.
Of the unobligated balances available for this account, $25,000,000
are permanently rescinded.
oil spill research
For necessary expenses to carry out title I, section 1016, title IV,
sections 4202 and 4303, title VII, and title VIII, section 8201 of the
Oil Pollution Act of 1990, $14,899,000, which shall be derived from the
Oil Spill Liability Trust Fund, to remain available until expended.
Office of Surface Mining Reclamation and Enforcement
regulation and technology
For necessary expenses to carry out the provisions of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95-87,
$121,017,000, to remain available until September 30, 2018: Provided,
That appropriations for the Office of Surface Mining Reclamation and
Enforcement may provide for the travel and per diem expenses of State
and tribal personnel attending Office of Surface Mining Reclamation and
Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95-87 (30
U.S.C. 1257), $40,000, to remain available until expended: Provided,
That fees assessed and collected by the Office pursuant to such section
507 shall be credited to this account as discretionary offsetting
collections, to remain available until expended: Provided further, That
the sum herein appropriated from the general fund shall be reduced as
collections are received during the fiscal year, so as to result in a
fiscal year 2017 appropriation estimated at not more than $121,017,000.
abandoned mine reclamation fund
For necessary expenses to carry out title IV of the Surface Mining
Control and Reclamation Act of 1977, Public Law 95-87, $27,163,000, to
be derived from receipts of the Abandoned Mine Reclamation Fund and to
remain available until expended: Provided, That pursuant to Public Law
97-365, the Department of
[[Page 131 STAT. 447]]
the Interior is authorized to use up to 20 percent from the recovery of
the delinquent debt owed to the United States Government to pay for
contracts to collect these debts: Provided further, That funds made
available under title IV of Public Law 95-87 may be used for any
required non-Federal share of the cost of projects funded by the Federal
Government for the purpose of environmental restoration related to
treatment or abatement of acid mine drainage from abandoned mines:
Provided further, That such projects must be consistent with the
purposes and priorities of the Surface Mining Control and Reclamation
Act: Provided further, That amounts provided under this heading may be
used for the travel and per diem expenses of State and tribal personnel
attending Office of Surface Mining Reclamation and Enforcement sponsored
training.
In addition, $105,000,000, to remain available until expended, for
grants to States for reclamation of abandoned mine lands and other
related activities in accordance with the terms and conditions in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided, That such additional
amount shall be used for economic and community development in
conjunction with the priorities in section 403(a) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1233(a)): Provided
further, That of such additional amount, $75,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with the
greatest amount of unfunded needs to meet the priorities described in
paragraphs (1) and (2) of such section, and $30,000,000 shall be
distributed in equal amounts to the 3 Appalachian States with the
subsequent greatest amount of unfunded needs to meet such priorities:
Provided further, <<NOTE: States. Deadline.>> That such additional
amount shall be allocated to States within 60 days after the date of
enactment of this Act.
Bureau of Indian Affairs and Bureau of Indian Education
operation of indian programs
(including transfer of funds)
For expenses necessary for the operation of Indian programs, as
authorized by law, including the Snyder Act of November 2, 1921 (25
U.S.C. 13), the Indian Self-Determination and Education Assistance Act
of 1975 (25 U.S.C. 450 et seq.), the Education Amendments of 1978 (25
U.S.C. 2001-2019), and the Tribally Controlled Schools Act of 1988 (25
U.S.C. 2501 et seq.), $2,339,346,000, to remain available until
September 30, 2018, except as otherwise provided herein; of which not to
exceed $8,500 may be for official reception and representation expenses;
of which not to exceed $74,773,000 shall be for welfare assistance
payments: Provided, That in cases of designated Federal disasters, the
Secretary may exceed such cap, from the amounts provided herein, to
provide for disaster relief to Indian communities affected by the
disaster: Provided further, That federally recognized Indian tribes and
tribal organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs:
Provided further, That not to exceed $652,362,000 for school operations
costs of Bureau-funded schools and other education programs shall become
available on July 1, 2017, and shall remain available until September
30, 2018: Provided further, That not to exceed
[[Page 131 STAT. 448]]
$49,122,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support, land
records improvement, and the Navajo-Hopi Settlement Program: Provided
further, That notwithstanding any other provision of law, including but
not limited to the Indian Self-Determination Act of 1975 (25 U.S.C. 450f
et seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C.
2008), not to exceed $80,165,000 within and only from such amounts made
available for school operations shall be available for administrative
cost grants associated with grants approved prior to July 1, 2017:
Provided further, That any forestry funds allocated to a federally
recognized tribe which remain unobligated as of September 30, 2018, may
be transferred during fiscal year 2019 to an Indian forest land
assistance account established for the benefit of the holder of the
funds within the holder's trust fund account: Provided further,
That <<NOTE: Expiration date.>> any such unobligated balances not so
transferred shall expire on September 30, 2019: Provided further, That
in order to enhance the safety of Bureau field employees, the Bureau may
use funds to purchase uniforms or other identifying articles of clothing
for personnel.
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Bureau of Indian Affairs for fiscal year 2017,
such sums as may be necessary, which shall be available for obligation
through September 30, 2018: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget account.
construction
(including transfer of funds)
For construction, repair, improvement, and maintenance of irrigation
and power systems, buildings, utilities, and other facilities, including
architectural and engineering services by contract; acquisition of
lands, and interests in lands; and preparation of lands for farming, and
for construction of the Navajo Indian Irrigation Project pursuant to
Public Law 87-483, $192,017,000, to remain available until expended:
Provided, That such amounts as may be available for the construction of
the Navajo Indian Irrigation Project may be transferred to the Bureau of
Reclamation: Provided further, That not to exceed 6 percent of contract
authority available to the Bureau of Indian Affairs from the Federal
Highway Trust Fund may be used to cover the road program management
costs of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made available
on a nonreimbursable basis: Provided further, That for fiscal year
2017, in implementing new construction, replacement facilities
construction, or facilities improvement and repair project grants in
excess of $100,000 that are provided to grant schools under Public Law
100-297, the Secretary of the Interior shall use the Administrative and
Audit Requirements and Cost Principles for Assistance Programs contained
in 43 CFR part 12 as the regulatory requirements: Provided
further, <<NOTE: Determination. Payment schedule.>> That such grants
shall not
[[Page 131 STAT. 449]]
be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work to be
performed: Provided further, <<NOTE: Grants.>> That in considering
grant applications, the Secretary shall consider whether such grantee
would be deficient in assuring that the construction projects conform to
applicable building standards and codes and Federal, tribal, or State
health and safety standards as required by 25 U.S.C. 2005(b), with
respect to organizational and financial management capabilities:
Provided further, <<NOTE: Grants.>> That if the Secretary declines a
grant application, the Secretary shall follow the requirements contained
in 25 U.S.C. 2504(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject to the
disputes provision in 25 U.S.C. 2507(e): Provided further,
That <<NOTE: Time period.>> in order to ensure timely completion of
construction projects, the Secretary may assume control of a project and
all funds related to the project, if, within 18 months of the date of
enactment of this Act, any grantee receiving funds appropriated in this
Act or in any prior Act, has not completed the planning and design phase
of the project and commenced construction: Provided further, That this
appropriation may be reimbursed from the Office of the Special Trustee
for American Indians appropriation for the appropriate share of
construction costs for space expansion needed in agency offices to meet
trust reform implementation.
indian land and water claim settlements and miscellaneous payments to
indians
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to
Public Laws 99-264, 100-580, 101-618, 111-11, 111-291, and 114-322, and
for implementation of other land and water rights settlements,
$45,045,000, to remain available until expended.
indian guaranteed loan program account
For the cost of guaranteed loans and insured loans, $8,757,000, of
which $1,182,000 is for administrative expenses, as authorized by the
Indian Financing Act of 1974: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed or insured, not to exceed $120,050,595.
administrative provisions <<NOTE: Education.>>
(including rescission of funds)
The Bureau of Indian Affairs may carry out the operation of Indian
programs by direct expenditure, contracts, cooperative agreements,
compacts, and grants, either directly or in cooperation with States and
other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs may
contract for services in support of the management, operation, and
maintenance of the Power Division of the San Carlos Irrigation Project.
Notwithstanding any other provision of law, no funds available to
the Bureau of Indian Affairs for central office oversight and
[[Page 131 STAT. 450]]
Executive Direction and Administrative Services (except executive
direction and administrative services funding for Tribal Priority
Allocations, regional offices, and facilities operations and
maintenance) shall be available for contracts, grants, compacts, or
cooperative agreements with the Bureau of Indian Affairs under the
provisions of the Indian Self-Determination Act or the Tribal Self-
Governance Act of 1994 (Public Law 103-413).
In the event any tribe returns appropriations made available by this
Act to the Bureau of Indian Affairs, this action shall not diminish the
Federal Government's trust responsibility to that tribe, or the
government-to-government relationship between the United States and that
tribe, or that tribe's ability to access future appropriations.
Notwithstanding <<NOTE: Alaska.>> any other provision of law, no
funds available to the Bureau of Indian Education, other than the
amounts provided herein for assistance to public schools under 25 U.S.C.
452 et seq., shall be available to support the operation of any
elementary or secondary school in the State of Alaska.
No <<NOTE: Waiver authority. Determination.>> funds available to the
Bureau of Indian Education shall be used to support expanded grades for
any school or dormitory beyond the grade structure in place or approved
by the Secretary of the Interior at each school in the Bureau of Indian
Education school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion of up to
one additional grade when the Secretary determines such waiver is needed
to support accomplishment of the mission of the Bureau of Indian
Education. Appropriations made available in this or any prior Act for
schools funded by the Bureau shall be available, in accordance with the
Bureau's funding formula, only to the schools in the Bureau school
system as of September 1, 1996, and to any school or school program that
was reinstated in fiscal year 2012. Funds made available under this Act
may not be used to establish a charter school at a Bureau-funded school
(as that term is defined in section 1141 of the Education Amendments of
1978 (25 U.S.C. 2021)), except that a charter school that is in
existence on the date of the enactment of this Act and that has operated
at a Bureau-funded school before September 1, 1999, may continue to
operate during that period, but only if the charter school pays to the
Bureau a pro rata share of funds to reimburse the Bureau for the use of
the real and personal property (including buses and vans), the funds of
the charter school are kept separate and apart from Bureau funds, and
the Bureau does not assume any obligation for charter school programs of
the State in which the school is located if the charter school loses
such funding. Employees of Bureau-funded schools sharing a campus with a
charter school and performing functions related to the charter school's
operation and employees of a charter school shall not be treated as
Federal employees for purposes of chapter 171 of title 28, United States
Code.
Notwithstanding <<NOTE: Continuance.>> any other provision of law,
including section 113 of title I of appendix C of Public Law 106-113, if
in fiscal year 2003 or 2004 a grantee received indirect and
administrative costs pursuant to a distribution formula based on section
5(f) of Public Law 101-301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the section
5(f) distribution formula.
[[Page 131 STAT. 451]]
Funds <<NOTE: Waiver authority.>> available under this Act may not
be used to establish satellite locations of schools in the Bureau school
system as of September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language and
cultural immersion educational programs for non-public schools located
within the jurisdictional area of the tribal government which
exclusively serve tribal members, do not include grades beyond those
currently served at the existing Bureau-funded school, provide an
educational environment with educator presence and academic facilities
comparable to the Bureau-funded school, comply with all applicable
Tribal, Federal, or State health and safety standards, and the Americans
with Disabilities Act, and demonstrate the benefits of establishing
operations at a satellite location in lieu of incurring extraordinary
costs, such as for transportation or other impacts to students such as
those caused by busing students extended distances: Provided, That no
funds available under this Act may be used to fund operations,
maintenance, rehabilitation, construction or other facilities-related
costs for such assets that are not owned by the Bureau: Provided
further, <<NOTE: Definition.>> That the term ``satellite school'' means
a school location physically separated from the existing Bureau school
by more than 50 miles but that forms part of the existing school in all
other respects.
Of the prior year unobligated balances available for the ``Operation
of Indian Programs'' account, $3,400,000 are permanently rescinded.
Departmental Offices
Office of the Secretary
departmental operations
For necessary expenses for management of the Department of the
Interior, including the collection and disbursement of royalties, fees,
and other mineral revenue proceeds, and for grants and cooperative
agreements, as authorized by law, $271,074,000, to remain available
until September 30, 2018; of which not to exceed $15,000 may be for
official reception and representation expenses; and of which up to
$1,000,000 shall be available for workers compensation payments and
unemployment compensation payments associated with the orderly closure
of the United States Bureau of Mines; and of which $11,000,000 for the
Office of Valuation Services is to be derived from the Land and Water
Conservation Fund and shall remain available until expended; and of
which $38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That
notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Secretary concurred with the claimed
refund due, to pay amounts owed to Indian allottees or tribes, or to
correct prior unrecoverable erroneous payments.
administrative provisions
For fiscal year 2017, up to $400,000 of the payments authorized by
chapter 69 of title 31, United States Code, may be retained for
administrative expenses of the Payments in Lieu of Taxes Program:
Provided, That no payment shall be made pursuant to that
[[Page 131 STAT. 452]]
chapter to otherwise eligible units of local government if the computed
amount of the payment is less than $100: Provided further, That the
Secretary may reduce the payment authorized by that chapter for an
individual county by the amount necessary to correct prior year
overpayments to that county: Provided further, That the amount needed
to correct a prior year underpayment to an individual county shall be
paid from any reductions for overpayments to other counties and the
amount necessary to cover any remaining underpayment is hereby
appropriated and shall be paid to individual counties: Provided
further, That in the event the sums appropriated for any fiscal year for
payments pursuant to that chapter are less than the full payments to all
units of local government, then the payment to each local government
shall be made proportionally.
Insular Affairs
assistance to territories
For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108-188, $91,925,000, of
which: (1) $82,477,000 shall remain available until expended for
territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to the
judiciary in American Samoa for compensation and expenses, as authorized
by law (48 U.S.C. 1661(c)); grants to the Government of American Samoa,
in addition to current local revenues, for construction and support of
governmental functions; grants to the Government of the Virgin Islands
as authorized by law; grants to the Government of Guam, as authorized by
law; and grants to the Government of the Northern Mariana Islands as
authorized by law (Public Law 94-241; 90 Stat. 272); and (2) $9,448,000
shall be available until September 30, 2018, for salaries and expenses
of the Office of Insular Affairs: Provided, That all financial
transactions of the territorial and local governments herein provided
for, including such transactions of all agencies or instrumentalities
established or used by such governments, may be audited by the
Government Accountability Office, at its discretion, in accordance with
chapter 35 of title 31, United States Code: Provided further, That
Northern Mariana Islands Covenant grant funding shall be provided
according to those terms of the Agreement of the Special Representatives
on Future United States Financial Assistance for the Northern Mariana
Islands approved by Public Law 104-134: Provided
further, <<NOTE: Determination.>> That the funds for the program of
operations and maintenance improvement are appropriated to
institutionalize routine operations and maintenance improvement of
capital infrastructure with territorial participation and cost sharing
to be determined by the Secretary based on the grantee's commitment to
timely maintenance of its capital assets: Provided further, That any
appropriation for disaster assistance under this heading in this Act or
previous appropriations Acts may be used as non-Federal matching funds
for the purpose of hazard mitigation grants provided pursuant to section
404 of the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5170c).
[[Page 131 STAT. 453]]
compact of free association
For grants and necessary expenses, $3,318,000, to remain available
until expended, as provided for in sections 221(a)(2) and 233 of the
Compact of Free Association for the Republic of Palau; and section
221(a)(2) of the Compacts of Free Association for the Government of the
Republic of the Marshall Islands and the Federated States of Micronesia,
as authorized by Public Law 99-658 and Public Law 108-188.
Administrative Provisions
(including transfer of funds)
At the request of the Governor of Guam, the Secretary may transfer
discretionary funds or mandatory funds provided under section 104(e) of
Public Law 108-188 and Public Law 104-134, that are allocated for Guam,
to the Secretary of Agriculture for the subsidy cost of direct or
guaranteed loans, plus not to exceed three percent of the amount of the
subsidy transferred for the cost of loan administration, for the
purposes authorized by the Rural Electrification Act of 1936 and section
306(a)(1) of the Consolidated Farm and Rural Development Act for
construction and repair projects in Guam, and such funds shall remain
available until expended: Provided, That such costs, including the cost
of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such loans or
loan guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types of
eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development Act:
Provided further, That any funds transferred to the Secretary of
Agriculture shall be in addition to funds otherwise made available to
make or guarantee loans under such authorities.
Office of the Solicitor
salaries and expenses
For necessary expenses of the Office of the Solicitor, $65,769,000.
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General,
$50,047,000.
Office of the Special Trustee for American Indians
federal trust programs
(including transfer of funds)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and grants,
$139,029,000, to remain available until expended, of which
[[Page 131 STAT. 454]]
not to exceed $18,688,000 from this or any other Act, may be available
for historical accounting: Provided, That funds for trust management
improvements and litigation support may, as needed, be transferred to or
merged with the Bureau of Indian Affairs and Bureau of Indian Education,
``Operation of Indian Programs'' account; the Office of the Solicitor,
``Salaries and Expenses'' account; and the Office of the Secretary,
``Departmental Operations'' account: Provided further, That funds made
available through contracts or grants obligated during fiscal year 2017,
as authorized by the Indian Self-Determination Act of 1975 (25 U.S.C.
450 et seq.), shall remain available until expended by the contractor or
grantee: Provided further, That notwithstanding any other provision of
law, the Secretary shall not be required to provide a quarterly
statement of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, <<NOTE: Records.>> That the Secretary shall issue an
annual account statement and maintain a record of any such accounts and
shall permit the balance in each such account to be withdrawn upon the
express written request of the account holder: Provided further, That
not to exceed $50,000 is available for the Secretary to make payments to
correct administrative errors of either disbursements from or deposits
to Individual Indian Money or Tribal accounts after September 30, 2002:
Provided further, That erroneous payments that are recovered shall be
credited to and remain available in this account for this purpose:
Provided further, That the Secretary shall not be required to reconcile
Special Deposit Accounts with a balance of less than $500 unless the
Office of the Special Trustee receives proof of ownership from a Special
Deposit Accounts claimant: Provided further, That notwithstanding
section 102 of the American Indian Trust Fund Management Reform Act of
1994 (Public Law 103-412) or any other provision of law, the Secretary
may aggregate the trust accounts of individuals whose whereabouts are
unknown for a continuous period of at least five years and shall not be
required to generate periodic statements of performance for the
individual accounts: Provided
further, <<NOTE: Continuance. Records.>> That with respect to the eighth
proviso, the Secretary shall continue to maintain sufficient records to
determine the balance of the individual accounts, including any accrued
interest and income, and such funds shall remain available to the
individual account holders.
Department-wide Programs
wildland fire management
(including transfers of funds)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department of
the Interior, $942,671,000, to remain available until expended, of which
not to exceed $8,427,000 shall be for the renovation or construction of
fire facilities: Provided, That such funds are also available for
repayment of advances to other appropriation accounts from which funds
were previously transferred for such purposes: Provided further, That
of the funds provided $180,000,000 is for hazardous fuels management
activities: Provided further, That of the funds provided $20,470,000 is
for burned area rehabilitation:
[[Page 131 STAT. 455]]
Provided further, That persons hired pursuant to 43 U.S.C. 1469 may be
furnished subsistence and lodging without cost from funds available from
this appropriation: Provided further, That notwithstanding 42 U.S.C.
1856d, sums received by a bureau or office of the Department of the
Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et
seq., protection of United States property, may be credited to the
appropriation from which funds were expended to provide that protection,
and are available without fiscal year limitation: Provided further,
That using the amounts designated under this title of this Act, the
Secretary of the Interior may enter into procurement contracts, grants,
or cooperative agreements, for fuels management and resilient landscapes
activities, and for training and monitoring associated with such fuels
management and resilient landscapes activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing any
cooperative agreement between the Federal Government and any non-Federal
entity may be shared, as mutually agreed on by the affected parties:
Provided further, That notwithstanding requirements of the Competition
in Contracting Act, the Secretary, for purposes of fuels management and
resilient landscapes activities, may obtain maximum practicable
competition among: (1) local private, nonprofit, or cooperative
entities; (2) Youth Conservation Corps crews, Public Lands Corps (Public
Law 109-154), or related partnerships with State, local, or nonprofit
youth groups; (3) small or micro-businesses; or (4) other entities that
will hire or train locally a significant percentage, defined as 50
percent or more, of the project workforce to complete such contracts:
Provided further, That <<NOTE: Guidance.>> in implementing this section,
the Secretary shall develop written guidance to field units to ensure
accountability and consistent application of the authorities provided
herein: Provided further, That funds appropriated under this heading
may be used to reimburse the United States Fish and Wildlife Service and
the National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.) to consult and conference, as required by section 7
of such Act, in connection with wildland fire management activities:
Provided further, That the Secretary of the Interior may use wildland
fire appropriations to enter into leases of real property with local
governments, at or below fair market value, to construct capitalized
improvements for fire facilities on such leased properties, including
but not limited to fire guard stations, retardant stations, and other
initial attack and fire support facilities, and to make advance payments
for any such lease or for construction activity associated with the
lease: Provided further, That the Secretary of the Interior and the
Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount not to
exceed $50,000,000, between the Departments when such transfers would
facilitate and expedite wildland fire management programs and projects:
Provided further, That funds provided for wildfire suppression shall be
available for support of Federal emergency response actions: Provided
further, That funds appropriated under this heading shall be available
for assistance to or through the Department of State in connection with
forest and rangeland research, technical information, and assistance in
foreign countries, and, with the concurrence of the Secretary of State,
shall be available to support forestry, wildland
[[Page 131 STAT. 456]]
fire management, and related natural resource activities outside the
United States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States
and international organizations.
flame wildfire suppression reserve fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of the Interior and as a reserve fund for suppression and
Federal emergency response activities, $65,000,000, to remain available
until expended: Provided, That such amounts are only available for
transfer to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502 of the FLAME
Act of 2009 (43 U.S.C. 1748a): Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
central hazardous materials fund
For necessary expenses of the Department of the Interior and any of
its component offices and bureaus for the response action, including
associated activities, performed pursuant to the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), $10,010,000, to remain available until expended.
Natural Resource Damage Assessment and Restoration
natural resource damage assessment fund
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department of the
Interior necessary to carry out the provisions of the Comprehensive
Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601
et seq.), the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.), the Oil Pollution Act of 1990 (33 U.S.C. 2701 et seq.), and 54
U.S.C. 100721 et seq., $7,767,000, to remain available until expended.
working capital fund
For the operation and maintenance of a departmental financial and
business management system, information technology improvements of
general benefit to the Department, cybersecurity, and the consolidation
of facilities and operations throughout the Department, $67,100,000, to
remain available until expended: Provided, That none of the funds
appropriated in this Act or any other Act may be used to establish
reserves in the Working Capital Fund account other than for accrued
annual leave and depreciation of equipment without prior approval of the
Committees on Appropriations of the House of Representatives and the
Senate: Provided further, That the Secretary may assess reasonable
charges to State, local and tribal government employees for training
services provided by the National Indian Program Training Center, other
than training related to Public Law 93-638: Provided further, That the
[[Page 131 STAT. 457]]
Secretary may lease or otherwise provide space and related facilities,
equipment or professional services of the National Indian Program
Training Center to State, local and tribal government employees or
persons or organizations engaged in cultural, educational, or
recreational activities (as defined in section 3306(a) of title 40,
United States Code) at the prevailing rate for similar space,
facilities, equipment, or services in the vicinity of the National
Indian Program Training Center: Provided further, That all funds
received pursuant to the two preceding provisos shall be credited to
this account, shall be available until expended, and shall be used by
the Secretary for necessary expenses of the National Indian Program
Training Center: Provided further, That the Secretary may enter into
grants and cooperative agreements to support the Office of Natural
Resource Revenue's collection and disbursement of royalties, fees, and
other mineral revenue proceeds, as authorized by law.
administrative provision
There is hereby authorized for acquisition from available resources
within the Working Capital Fund, aircraft which may be obtained by
donation, purchase or through available excess surplus property:
Provided, That existing aircraft being replaced may be sold, with
proceeds derived or trade-in value used to offset the purchase price for
the replacement aircraft.
payments in lieu of taxes
For necessary expenses for payments authorized by chapter 69 of
title 31, United States Code, $465,000,000 shall be available for fiscal
year 2017.
General Provisions, Department of the Interior
(including transfers of funds)
emergency transfer authority--intra-bureau
Sec. 101. Appropriations made in this title shall be available for
expenditure or transfer (within each bureau or office), with the
approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other
facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available
to the Department of the Interior for emergencies shall have been
exhausted: Provided further, That all funds used pursuant to this
section must be replenished by a supplemental appropriation, which must
be requested as promptly as possible.
emergency transfer authority--department-wide
Sec. 102. The Secretary may authorize the expenditure or transfer
of any no year appropriation in this title, in addition to the amounts
included in the budget programs of the several agencies, for the
suppression or emergency prevention of wildland fires on or threatening
lands under the jurisdiction of the Department of the Interior; for the
emergency rehabilitation of burned-
[[Page 131 STAT. 458]]
over lands under its jurisdiction; for emergency actions related to
potential or actual earthquakes, floods, volcanoes, storms, or other
unavoidable causes; for contingency planning subsequent to actual oil
spills; for response and natural resource damage assessment activities
related to actual oil spills or releases of hazardous substances into
the environment; for the prevention, suppression, and control of actual
or potential grasshopper and Mormon cricket outbreaks on lands under the
jurisdiction of the Secretary, pursuant to the authority in section
417(b) of Public Law 106-224 (7 U.S.C. 7717(b)); for emergency
reclamation projects under section 410 of Public Law 95-87; and shall
transfer, from any no year funds available to the Office of Surface
Mining Reclamation and Enforcement, such funds as may be necessary to
permit assumption of regulatory authority in the event a primacy State
is not carrying out the regulatory provisions of the Surface Mining Act:
Provided, That appropriations made in this title for wildland fire
operations shall be available for the payment of obligations incurred
during the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment in
connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently available at
the time of receipt thereof: Provided further, <<NOTE: Fires and fire
protection. Determination. Deadline.>> That for wildland fire
operations, no funds shall be made available under this authority until
the Secretary determines that funds appropriated for ``wildland fire
operations'' and ``FLAME Wildfire Suppression Reserve Fund'' shall be
exhausted within 30 days: Provided further, That all funds used
pursuant to this section must be replenished by a supplemental
appropriation, which must be requested as promptly as possible:
Provided further, That such replenishment funds shall be used to
reimburse, on a pro rata basis, accounts from which emergency funds were
transferred.
authorized use of funds
Sec. 103. Appropriations made to the Department of the Interior in
this title shall be available for services as authorized by section 3109
of title 5, United States Code, when authorized by the Secretary, in
total amount not to exceed $500,000; purchase and replacement of motor
vehicles, including specially equipped law enforcement vehicles; hire,
maintenance, and operation of aircraft; hire of passenger motor
vehicles; purchase of reprints; payment for telephone service in private
residences in the field, when authorized under regulations approved by
the Secretary; and the payment of dues, when authorized by the
Secretary, for library membership in societies or associations which
issue publications to members only or at a price to members lower than
to subscribers who are not members.
authorized use of funds, indian trust management
Sec. 104. Appropriations made in this Act under the headings Bureau
of Indian Affairs and Bureau of Indian Education, and Office of the
Special Trustee for American Indians and any unobligated balances from
prior appropriations Acts made under the same headings shall be
available for expenditure or transfer for Indian trust management and
reform activities. Total funding for historical accounting activities
shall not exceed amounts specifically designated in this Act for such
purpose.
[[Page 131 STAT. 459]]
redistribution of funds, bureau of indian affairs
Sec. 105. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to redistribute any Tribal Priority
Allocation funds, including tribal base funds, to alleviate tribal
funding inequities by transferring funds to address identified, unmet
needs, dual enrollment, overlapping service areas or inaccurate
distribution methodologies. No tribe shall receive a reduction in Tribal
Priority Allocation funds of more than 10 percent in fiscal year 2017.
Under circumstances of dual enrollment, overlapping service areas or
inaccurate distribution methodologies, the 10 percent limitation does
not apply.
ellis, governors, and liberty islands
Sec. 106. Notwithstanding any other provision of law, the Secretary
of the Interior is authorized to acquire lands, waters, or interests
therein including the use of all or part of any pier, dock, or landing
within the State of New York and the State of New Jersey, for the
purpose of operating and maintaining facilities in the support of
transportation and accommodation of visitors to Ellis, Governors, and
Liberty Islands, and of other program and administrative activities, by
donation or with appropriated funds, including franchise fees (and other
monetary consideration), or by exchange; and the Secretary is authorized
to negotiate and enter into leases, subleases, concession contracts or
other agreements for the use of such facilities on such terms and
conditions as the Secretary may determine reasonable.
outer continental shelf inspection fees
Sec. 107. (a) In fiscal year 2017, the Secretary shall collect a
nonrefundable inspection fee, which shall be deposited in the ``Offshore
Safety and Environmental Enforcement'' account, from the designated
operator for facilities subject to inspection under 43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above the
waterline, excluding drilling rigs, and are in place at the start of the
fiscal year. Fees for fiscal year 2017 shall be:
(1) $10,500 for facilities with no wells, but with
processing equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any
combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with any
combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2017. Fees for fiscal year 2017 shall be:
(1) $30,500 per inspection for rigs operating in water
depths of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water
depths of less than 500 feet.
(d) <<NOTE: Deadlines.>> The Secretary shall bill designated
operators under subsection (b) within 60 days, with payment required
within 30 days of billing. The Secretary shall bill designated operators
under subsection (c) within 30 days of the end of the month in which the
inspection occurred, with payment required within 30 days of billing.
[[Page 131 STAT. 460]]
bureau of ocean energy management, regulation and enforcement
reorganization
Sec. 108. The Secretary of the Interior, in order to implement a
reorganization of the Bureau of Ocean Energy Management, Regulation and
Enforcement, may transfer funds among and between the successor offices
and bureaus affected by the reorganization only in conformance with the
reprogramming guidelines described in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
contracts and agreements for wild horse and burro holding facilities
Sec. 109. <<NOTE: Time periods.>> Notwithstanding any other
provision of this Act, the Secretary of the Interior may enter into
multiyear cooperative agreements with nonprofit organizations and other
appropriate entities, and may enter into multiyear contracts in
accordance with the provisions of section 3903 of title 41, United
States Code (except that the 5-year term restriction in subsection (a)
shall not apply), for the long-term care and maintenance of excess wild
free roaming horses and burros by such organizations or entities on
private land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the Secretary.
mass marking of salmonids
Sec. 110. The United States Fish and Wildlife Service shall, in
carrying out its responsibilities to protect threatened and endangered
species of salmon, implement a system of mass marking of salmonid
stocks, intended for harvest, that are released from federally operated
or federally financed hatcheries including but not limited to fish
releases of coho, chinook, and steelhead species. Marked fish must have
a visible mark that can be readily identified by commercial and
recreational fishers.
exhaustion of administrative review
Sec. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112-74 (125 Stat. 1013) is amended by striking ``through 2018,'' in
the first sentence and inserting ``through 2020,''.
wild lands funding prohibition
Sec. 112. None of the funds made available in this Act or any other
Act may be used to implement, administer, or enforce Secretarial Order
No. 3310 issued by the Secretary of the Interior on December 22, 2010:
Provided, That nothing in this section shall restrict the Secretary's
authorities under sections 201 and 202 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1711 and 1712).
contracts and agreements with indian affairs
Sec. 113. Notwithstanding any other provision of law, during fiscal
year 2017, in carrying out work involving cooperation with State, local,
and tribal governments or any political subdivision thereof, Indian
Affairs may record obligations against accounts receivable from any such
entities, except that total obligations at
[[Page 131 STAT. 461]]
the end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
sage-grouse
Sec. 114. None of the funds made available by this or any other Act
may be used by the Secretary of the Interior to write or issue pursuant
to section 4 of the Endangered Species Act of 1973 (16 U.S.C. 1533)--
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct
population segment of greater sage-grouse.
blue ridge national heritage area and erie canalway national heritage
corridor
Sec. 115. (a) Section 140(i)(1) of Title I of Public Law 108-108, as
amended (54 U.S.C. 320101 note), is further amended by striking
``$10,000,000'' and inserting ``$12,000,000''; and
(b) Section 810(a)(1) of Title VIII of Division B of Appendix D of
Public Law 106-554, as amended (54 U.S.C. 320101 note), is further
amended by striking ``$10,000,000'' and inserting ``$12,000,000''.
humane transfer of excess animals
Sec. 116. Notwithstanding any other provision of law, the Secretary
of the Interior may transfer excess wild horses or burros that have been
removed from the public lands to other Federal, State, and local
government agencies for use as work animals: Provided, That the
Secretary may make any such transfer immediately upon request of such
Federal, State, or local government agency: Provided further, That any
excess animal transferred under this provision shall lose its status as
a wild free-roaming horse or burro as defined in the Wild Free-Roaming
Horses and Burros Act: Provided further, That any Federal, State, or
local government agency receiving excess wild horses or burros as
authorized in this section shall not: destroy the horses or burros in a
way that results in their destruction into commercial products; sell or
otherwise transfer the horses or burros in a way that results in their
destruction for processing into commercial products; or euthanize the
horses or burros except upon the recommendation of a licensed
veterinarian, in cases of severe injury, illness, or advanced age.
republic of palau
Sec. 117. <<NOTE: Grants.>> (a) In General.--Subject to subsection
(c), the United States Government, through the Secretary of the Interior
shall provide to the Government of Palau for fiscal year 2017 grants in
amounts equal to the annual amounts specified in subsections (a), (c),
and (d) of section 211 of the Compact of Free Association between the
Government of the United States of America and the Government of Palau
(48 U.S.C. 1931 note) (referred to in this section as the ``Compact'').
(b) Programmatic Assistance.--Subject to subsection (c), the United
States shall provide programmatic assistance to the Republic
[[Page 131 STAT. 462]]
of Palau for fiscal year 2017 in amounts equal to the amounts provided
in subsections (a) and (b)(1) of section 221 of the Compact.
(c) Limitations on Assistance.--
(1) In general.--The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to the
same extent and in the same manner as the grants and assistance
were provided in fiscal year 2009.
(2) Trust fund.--If the Government of Palau withdraws more
than $5,000,000 from the trust fund established under section
211(f) of the Compact, amounts to be provided under subsections
(a) and (b) shall be withheld from the Government of Palau.
department of the interior experienced services program
Sec. 118. <<NOTE: Grants. Contracts.>> (a) Notwithstanding any other
provision of law relating to Federal grants and cooperative agreements,
the Secretary of the Interior is authorized to make grants to, or enter
into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans in
programs authorized by other provisions of law administered by the
Secretary and consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection (a),
the Secretary shall ensure that the agreement would not--
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or
function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within the
Department; or
(3) affect existing contracts for services.
natchez national historical park
Sec. 119. The Secretary of the Interior is authorized to acquire by
donation or purchase from willing sellers, any lands at the site of the
historic Forks of the Road Slave Market, as generally depicted on the
map entitled ``Natchez National Historical Park--Proposed Boundary
Addition'', numbered 339/116045, and dated April 2016. Upon acquisition
of any land or interests in land, the Secretary shall revise the
boundary of Natchez National Historical Park to reflect the acquisition
and the land shall be managed in accordance with the laws and
regulations applicable to the park: Provided, That section 7 of Public
Law 100-479 <<NOTE: 16 USC 410oo-6.>> is amended by inserting ``land
acquisition and development as authorized in'' after ``carry out''.
special resource study to preserve civil rights
sites <<NOTE: Mississippi.>>
Sec. 120. (a) Study.--The Secretary of the Interior (referred to in
this section as the ``Secretary'') shall conduct a special resource
study of significant civil rights sites in the State of Mississippi,
including--
[[Page 131 STAT. 463]]
(1) the home of the late civil rights activist Medgar Evers,
located at 2332 Margaret Walker Alexander Drive, Jackson,
Mississippi;
(2) the Tallahatchie County Courthouse, located at 100 North
Court Street, Sumner, Mississippi;
(3) the site of Bryant's Store, located at the intersection
of County Road 518 and County Road 24, Money, Mississippi;
(4) the site of the former office of Dr. Gilbert Mason, Sr.,
located at 670 Division Street, Biloxi, Mississippi; and
(5) the Old Neshoba County Jail, located at 422 Myrtle
Avenue, East, Philadelphia, Mississippi.
(b) Contents.--In conducting the study under subsection (a), the
Secretary shall--
(1) <<NOTE: Evaluation.>> evaluate the national significance
of each site;
(2) <<NOTE: Determination.>> determine the suitability and
feasibility of designating each site as a unit of the National
Park System;
(3)(A) take into consideration other alternatives for
preservation, protection, and interpretation of each site by--
(i) Federal, State, or local governmental entities;
or
(ii) private or nonprofit organizations; and
(B) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance
associated with the alternatives; and
(4) consult with interested Federal, State, and local
governmental entities, private and nonprofit organizations, and
other individuals.
(c) Applicable Law.--The study under subsection (a) shall be
conducted in accordance with section 100507 of title 54, United States
Code.
(d) <<NOTE: Reports.>> Study Results.--Not later than 3 years after
the date on which funds are initially made available for the study under
subsection (a), the Secretary shall submit to the Committee on Natural
Resources of the House of Representatives and the Committee on Energy
and Natural Resources of the Senate a report that describes--
(1) the results of the study; and
(2) any relevant conclusions and recommendations of the
Secretary.
continuous operations
Sec. 121. <<NOTE: Deadline. Regulations.>> Not later than 30 days
after the date of enactment of this Act, the Secretary of the Interior
shall amend the regulations issued under section 250.180 of title 30,
Code of Federal Regulations--
(1) by striking each reference to ``180 days'' and inserting
``year'';
(2) by striking each reference to ``180th day'' and
inserting ``year''; and
(3) by striking each reference to ``180-day period'' and
inserting ``1-year period''.
bureau of land management foundation
Sec. 122. <<NOTE: 43 USC 1748c.>> (a) Definitions.--In this section:
(1) Board.--The term ``Board'' means the Board of Directors
of the Foundation established under subsection (c).
[[Page 131 STAT. 464]]
(2) Foundation.--The term ``Foundation'' means the Bureau of
Land Management Foundation established by subsection (b)(1)(A).
(3) Public land.--The term ``public land'' has the meaning
given the term ``public lands'' in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Wild free-roaming horses and burros.--The term ``wild
free-roaming horses and burros'' has the meaning given the term
in section 2 of Public Law 92-195 (commonly known as the ``Wild
Free-Roaming Horses And Burros Act'') (16 U.S.C. 1332).
(b) Establishment and Purposes.--
(1) Establishment.--
(A) In general.--There is established a foundation,
to be known as the ``Bureau of Land Management
Foundation''.
(B) Limitation.--The Foundation shall not be
considered to be an agency or establishment of the
United States.
(C) Tax exemption.--The Foundation shall be
considered to be a charitable and nonprofit corporation
under section 501(c)(3) of the Internal Revenue Code of
1986.
(2) Purposes.--The purposes of the Foundation are--
(A) to encourage, accept, and administer private
gifts of money and real and personal property for the
benefit of, or in connection with the activities and
services of, the Bureau of Land Management;
(B) to carry out activities that advance the
purposes for which public land is administered;
(C) to carry out and encourage educational,
technical, scientific, and other assistance or
activities that support the mission of the Bureau of
Land Management; and
(D) to assist the Bureau of Land Management with
challenges that could be better addressed with the
support of a foundation, including--
(i) reclamation and conservation activities;
(ii) activities relating to wild free-roaming
horses and burros; and
(iii) the stewardship of cultural and
archeological treasures on public land.
(c) Board of Directors.--
(1) Establishment.--
(A) In general.--The Foundation shall be governed by
a Board of Directors.
(B) Composition.--
(i) In general.--The Board shall consist of
not more than 9 members.
(ii) Ex-officio member.--The Director of the
Bureau of Land Management shall be an ex-officio,
nonvoting member of the Board.
(C) Requirements.--
(i) Citizenship.--A member appointed to the
Board shall be a citizen of the United States.
(ii) Expertise.--A majority of members
appointed to the Board shall have education or
experience
[[Page 131 STAT. 465]]
relating to natural, cultural, conservation, or
other resource management, law, or research.
(iii) Diverse points of view.--To the maximum
extent practicable, the members of the Board shall
represent diverse points of view.
(2) <<NOTE: Deadline.>> Date of initial appointment.--Not
later than 1 year after the date of enactment of this Act, the
Secretary shall appoint the initial members of the Board.
(3) Terms.--
(A) In general.--Except as provided in subparagraph
(B), a member of the Board shall be appointed for a term
of 6 years.
(B) Initial appointments.--The Secretary shall
stagger the initial appointments to the Board, as the
Secretary determines to be appropriate, in a manner that
ensures that--
(i) 1/3 of the members shall serve for a term
of 2 years;
(ii) 1/3 of the members shall serve for a term
of 4 years; and
(iii) 1/3 of the members shall serve for a
term of 6 years.
(C) Vacancies.--A vacancy on the Board shall be
filled--
(i) not later than 60 days after the date of
the vacancy;
(ii) in the manner in which the original
appointment was made; and
(iii) for the remainder of the term of the
member vacating the Board.
(D) Removal for failure to attend meetings.--
(i) In general.--A member of the Board may be
removed from the Board by a majority vote of the
Board, if the individual fails to attend 3
consecutive regularly scheduled meetings of the
Board.
(ii) Requirements.--A vacancy as the result of
a removal under clause (i) shall be filled in
accordance with subparagraph (C).
(E) Limitation.--A member of the Board shall not
serve more than 12 consecutive years on the Board.
(4) Chairperson.--
(A) In general.--The Board shall elect a Chairperson
from among the members of the Board.
(B) Term.--The Chairperson of the Board--
(i) shall serve as Chairperson for a 2-year
term; and
(ii) may be reelected as Chairperson while
serving as a member of the Board.
(5) Quorum.--A majority of the voting members of the Board
shall constitute a quorum for the transaction of business of the
Board.
(6) Meetings.--The Board shall meet--
(A) at the call of the Chairperson; but
(B) not less than once each calendar year.
(7) Reimbursement of expenses.--
[[Page 131 STAT. 466]]
(A) In general.--Serving as a member of the Board
shall not constitute employment by the Federal
Government for any purpose.
(B) Reimbursement.--A member of the Board shall
serve without pay, other than reimbursement for the
actual and necessary traveling and subsistence expenses
incurred in the performance of the duties of the member
for the Foundation, in accordance with section 5703 of
title 5, United States Code.
(8) General powers.--The Board may--
(A) appoint officers and employees in accordance
with paragraph (9);
(B) adopt a constitution and bylaws consistent with
the purposes of the Foundation and this section; and
(C) carry out any other activities that may be
necessary to function and to carry out this section.
(9) Officers and employees.--
(A) In general.--No officer or employee may be
appointed to the Foundation until the date on which the
Board determines that the Foundation has sufficient
funds to pay for the service of the officer or employee.
(B) Limitation.--Appointment as an officer or
employee of the Foundation shall not constitute
employment by the Federal Government.
(10) Limitation and conflicts of interest.--
(A) Prohibition on political activity.--The
Foundation shall not participate or intervene in a
political campaign on behalf of any candidate for public
office.
(B) Limitation on participation.--No member of the
Board or officer or employee of the Foundation shall
participate, directly or indirectly, in the
consideration or determination of any question before
the Foundation that affects--
(i) the financial interests of the member of
the Board, officer, or employee; or
(ii) the interests of any corporation
partnership, entity, or organization in which the
member of the Board, officer, or employee--
(I) is an officer, director, or
trustee; or
(II) has any direct or indirect
financial interest.
(d) Powers and Obligations.--
(1) In general.--The Foundation--
(A) shall have perpetual succession; and
(B) may conduct business throughout the several
States, territories, and possessions of the United
States.
(2) Notice; service of process.--
(A) Designated agent.--The Foundation shall at all
times maintain a designated agent in the District of
Columbia authorized to accept service of process for the
Foundation.
(B) Service of process.--The serving of notice to,
or service of process on, the agent required under this
paragraph, or mailed to the business address of the
agent, shall be deemed to be notice to, or the service
of process on, the Foundation.
[[Page 131 STAT. 467]]
(3) Seal.--The Foundation shall have an official seal, to be
selected by the Board, which shall be judicially noticed.
(4) Powers.--To carry out the purposes of the Foundation,
the Foundation shall have, in addition to powers otherwise
authorized by this section, the usual powers of a not-for-profit
corporation in the District of Columbia, including the power--
(A) to accept, receive, solicit, hold, administer,
and use any gift, devise, or bequest, absolutely or in
trust, of real or personal property, or any income from,
or other interest in, the property;
(B) to acquire by donation, gift, devise, purchase,
or exchange, and to dispose of, any real or personal
property or interest in the property;
(C) to sell, donate, lease, invest, reinvest,
retain, or otherwise dispose of any property or income
from property, unless limited by the instrument of
transfer;
(D) to borrow money and issue bonds, debentures, or
other debt instruments;
(E) to sue and be sued, and complain and defend
itself in any court of competent jurisdiction, except
that the members of the Board shall not be held
personally liable, except in a case of gross negligence;
(F)(i) to enter into contracts or other agreements
with public agencies, private organizations, and
persons; and
(ii) to make such payments as may be necessary
to carry out the purposes of the contracts or
agreements; and
(G) to carry out any activity necessary and proper
to advance the purposes of the Foundation.
(5) Real property.--
(A) In general.--For purposes of this section, an
interest in real property shall include mineral and
water rights, rights-of-way, and easements, appurtenant
or in gross.
(B) Acceptance.--A gift, devise, or bequest of real
property may be accepted by the Foundation, regardless
of whether the property is encumbered, restricted, or
subject to beneficial interests of a private person, if
any current or future interest in the property is for
the benefit of the Foundation.
(C) Declining gifts.--The Foundation may, at the
discretion of the Foundation, decline any gift, devise,
or bequest of real property.
(D) Prohibition on condemnation.--No land, water, or
interest in land or water, that is owned by the
Foundation shall be subject to condemnation by any
State, political subdivision of a State, or agent or
instrumentality of a State or political subdivision of a
State.
(e) Administrative Services and Support.--
(1) Funding.--
(A) In general.--For the purposes of assisting the
Foundation in establishing an office and meeting initial
administrative, project, and other expenses, the
Secretary may provide to the Foundation, from funds
appropriated under subsection (j), such sums as are
necessary for fiscal years 2017 and 2018.
[[Page 131 STAT. 468]]
(B) Availability of funds.--Funds made available
under subparagraph (A) shall remain available to the
Foundation until expended for authorized purposes.
(2) Administrative expenses.--
(A) In general.--The Secretary may provide to the
Foundation personnel, facilities, equipment, and other
administrative services, subject to such limitations,
terms, and conditions as the Secretary may establish.
(B) Reimbursement.--The Foundation may reimburse the
Secretary for any support provided under subparagraph
(A), in whole or in part, and any reimbursement received
by the Secretary under this subparagraph shall be
deposited in the Treasury to the credit of the
appropriations then current and chargeable for the cost
of providing the services.
(f) Volunteers.--The Secretary may accept, without regard to the
civil service classification laws (including regulations), the services
of the Foundation, the Board, and the officers, employees, and agents of
the Foundation, without compensation from the Department of the
Interior, as volunteers for the performance of the functions under
section 307(d) of the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1737(d)).
(g) Audits and Report Requirements.--
(1) Audits.--For purposes of section 10101 of title 36,
United States Code, the Foundation shall be considered to be a
private corporation established under Federal law.
(2) Annual reports.--At the end of each fiscal year, the
Board shall submit to Congress a report that describes the
proceedings and activities of the Foundation during that fiscal
year, including a full and complete statement of the receipts,
expenditures, and investments.
(h) United States Release From Liability.--
(1) In general.--The United States shall not be liable for
any debt, default, act, or omission of the Foundation.
(2) Full faith and credit.--The full faith and credit of the
United States shall not extend to any obligation of the
Foundation.
(i) Limitation on Authority.--Nothing in this section authorizes the
Foundation to perform any function the authority for which is provided
to the Bureau of Land Management under any other provision of law.
(j) Authorization of Appropriations.--There are authorized to be
appropriated such sums as are necessary to carry out this section.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
Science and Technology
(including rescission of funds)
For science and technology, including research and development
activities, which shall include research and development activities
[[Page 131 STAT. 469]]
under the Comprehensive Environmental Response, Compensation, and
Liability Act of 1980; necessary expenses for personnel and related
costs and travel expenses; procurement of laboratory equipment and
supplies; and other operating expenses in support of research and
development, $713,823,000, to remain available until September 30, 2018:
Provided, That of the funds included under this heading, $4,100,000
shall be for Research: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act): Provided further, That of the
unobligated balances from appropriations made available under this
heading, $7,350,000 are permanently rescinded: Provided further, That
no amounts may be rescinded pursuant to the preceding proviso from
amounts made available in the first proviso for Research: National
Priorities: Provided further, <<NOTE: Applicability. Time
period.>> That such rescission shall be applied to program project
areas, to the extent practicable, to reflect changes to funding
projections due to routine attrition during fiscal year 2017.
Environmental Programs and Management
(including rescission of funds)
For environmental programs and management, including necessary
expenses, not otherwise provided for, for personnel and related costs
and travel expenses; hire of passenger motor vehicles; hire,
maintenance, and operation of aircraft; purchase of reprints; library
memberships in societies or associations which issue publications to
members only or at a price to members lower than to subscribers who are
not members; administrative costs of the brownfields program under the
Small Business Liability Relief and Brownfields Revitalization Act of
2002; and not to exceed $9,000 for official reception and representation
expenses, $2,619,799,000, to remain available until September 30, 2018:
Provided, That of the funds included under this heading, $12,700,000
shall be for Environmental Protection: National Priorities as specified
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided further, That
of the funds included under this heading, $435,857,000 shall be for
Geographic Programs specified in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated Act):
Provided further, That of the unobligated balances from appropriations
made available under this heading, $21,800,000 are permanently
rescinded: Provided further, That no amounts may be rescinded pursuant
to the preceding proviso from amounts made available in the first
proviso for Environmental Protection: National Priorities, from amounts
made available in the second proviso for Geographic Programs, or from
the National Estuary Program (33 U.S.C. 1330): Provided
further, <<NOTE: Applicability. Time period.>> That such rescission
shall be applied to program project areas, to the extent practicable, to
reflect changes to funding projections due to routine attrition during
fiscal year 2017.
In addition, $3,000,000 to remain available until expended, for
necessary expenses of activities described in section 26(b)(1) of the
Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided, That
fees collected pursuant to that section of that Act and deposited in the
``TSCA Service Fee Fund'' as discretionary offsetting receipts in fiscal
year 2017 shall be retained and used for necessary salaries
[[Page 131 STAT. 470]]
and expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in this
paragraph from the general fund for fiscal year 2017 shall be reduced by
the amount of discretionary offsetting receipts received during fiscal
year 2017, so as to result in a final fiscal year 2017 appropriation
from the general fund estimated at not more than $0: Provided further,
That to the extent that amounts realized from such receipts exceed
$3,000,000, those amount in excess of $3,000,000 shall be deposited in
the ``TSCA Service Fee Fund'' as discretionary offsetting receipts in
fiscal year 2017, shall be retained and used for necessary salaries and
expenses in this account, and shall remain available until expended:
Provided further, That of the funds included in the first paragraph
under this heading, the Chemical Risk Review and Reduction program
project shall be allocated for this fiscal year, excluding the amount of
any fees appropriated, not less than the amount of appropriations for
that program project for fiscal year 2014.
Hazardous Waste Electronic Manifest System Fund
For necessary expenses to carry out section 3024 of the Solid Waste
Disposal Act (42 U.S.C. 6939g), including the development, operation,
maintenance, and upgrading of the hazardous waste electronic manifest
system established by such section, $3,178,000, to remain available
until September 30, 2019.
Office of Inspector General
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2018.
Buildings and Facilities
For construction, repair, improvement, extension, alteration, and
purchase of fixed equipment or facilities of, or for use by, the
Environmental Protection Agency, $34,467,000, to remain available until
expended.
Hazardous Substance Superfund
(including transfers of funds)
For necessary expenses to carry out the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA), including
sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42 U.S.C. 9611)
$1,088,769,000, to remain available until expended, consisting of such
sums as are available in the Trust Fund on September 30, 2016, as
authorized by section 517(a) of the Superfund Amendments and
Reauthorization Act of 1986 (SARA) and up to $1,088,769,000 as a payment
from general revenues to the Hazardous Substance Superfund for purposes
as authorized by section 517(b) of SARA: Provided, That funds
appropriated under this heading may be allocated to other Federal
agencies in accordance with section 111(a) of CERCLA: Provided further,
That of the funds appropriated under this heading, $8,778,000 shall be
paid to the ``Office of Inspector General'' appropriation to remain
available until September 30, 2018, and $15,496,000 shall be paid
[[Page 131 STAT. 471]]
to the ``Science and Technology'' appropriation to remain available
until September 30, 2018.
Leaking Underground Storage Tank Trust Fund Program
For necessary expenses to carry out leaking underground storage tank
cleanup activities authorized by subtitle I of the Solid Waste Disposal
Act, $91,941,000, to remain available until expended, of which
$66,572,000 shall be for carrying out leaking underground storage tank
cleanup activities authorized by section 9003(h) of the Solid Waste
Disposal Act; $25,369,000 shall be for carrying out the other provisions
of the Solid Waste Disposal Act specified in section 9508(c) of the
Internal Revenue Code: Provided, That the Administrator is authorized
to use appropriations made available under this heading to implement
section 9013 of the Solid Waste Disposal Act to provide financial
assistance to federally recognized Indian tribes for the development and
implementation of programs to manage underground storage tanks.
Inland Oil Spill Programs
For expenses necessary to carry out the Environmental Protection
Agency's responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund, to
remain available until expended.
State and Tribal Assistance Grants
For environmental programs and infrastructure assistance, including
capitalization grants for State revolving funds and performance
partnership grants, $3,527,161,000, to remain available until expended,
of which--
(1) $1,393,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI of the
Federal Water Pollution Control Act; and of which $863,233,000
shall be for making capitalization grants for the Drinking Water
State Revolving Funds under section 1452 of the Safe Drinking
Water Act: Provided, That for fiscal year 2017, to the extent
there are sufficient eligible project applications and projects
are consistent with State Intended Use Plans, not less than 10
percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants
shall be used by the State for projects to address green
infrastructure, water or energy efficiency improvements, or
other environmentally innovative activities: Provided further,
That for fiscal year 2017, funds made available under this title
to each State for Drinking Water State Revolving Fund
capitalization grants may, at the discretion of each State, be
used for projects to address green infrastructure, water or
energy efficiency improvements, or other environmentally
innovative activities: Provided further, That notwithstanding
section 603(d)(7) of the Federal Water Pollution Control Act,
the limitation on the amounts in a State water pollution control
revolving fund that may be used by a State to administer the
fund shall not apply to amounts included as principal in loans
made by such fund in fiscal year 2017 and prior years where such
amounts represent costs of administering the fund to the extent
that such amounts are or were
[[Page 131 STAT. 472]]
deemed reasonable by the Administrator, accounted for separately
from other assets in the fund, and used for eligible purposes of
the fund, including administration: Provided further, That for
fiscal year 2017, notwithstanding the provisions of sections
201(g)(1), (h), and (l) of the Federal Water Pollution Control
Act, grants under title II of the Federal Water Pollution
Control Act for American Samoa, Guam, the Commonwealth of the
Northern Marianas, the United States Virgin Islands, and the
District of Columbia may also be made for the purpose of
providing assistance: (1) solely for facility plans, design
activities, or plans, specification, and estimates for any
proposed project for the construction of treatment works; and
(2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences
or small commercial establishments: Provided further, That for
fiscal year 2017, notwithstanding the provisions of 201(g)(1),
(h), and (l) and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control Act
may also be used to provide assistance: (1) solely for facility
plans, design activities, or plans, specifications, and
estimates for any proposed project for the construction of
treatment works; and (2) for the construction, repair, or
replacement of privately owned treatment works serving one or
more principal residences or small commercial establishments;
Funds reserved under section 518(c) of such Act shall be
available for grants only to Indian tribes, as defined in
section 518(h) of such Act and former Indian reservations in
Oklahoma (as defined by the Secretary of the Interior) and
Native Villages (as defined in Public Law 92-203): Provided
further, That for fiscal year 2017, notwithstanding any
provision of the Clean Water Act and regulations issued pursuant
thereof, up to a total of $2,000,000 of the funds reserved by
the Administrator for grants under section 518(c) of the Federal
Water Pollution Control Act may also be used for grants for
training, technical assistance, and educational programs
relating to the operation and management of the treatment works
specified in section 518(c) of such Act; Funds reserved under
section 518(c) of such Act shall be available for grants only to
Indian tribes, as defined in section 518(h) of such Act and
former Indian reservations in Oklahoma (as determined by the
Secretary of the Interior) and Native Villages (as defined in
Public Law 92-203): Provided further, That for fiscal year
2017, notwithstanding the limitation on amounts in section
518(c) of the Federal Water Pollution Control Act, up to a total
of 2 percent of the funds appropriated, or $30,000,000,
whichever is greater, and notwithstanding the limitation on
amounts in section 1452(i) of the Safe Drinking Water Act, up to
a total of 2 percent of the funds appropriated, or $20,000,000,
whichever is greater, for State Revolving Funds under such Acts
may be reserved by the Administrator for grants under section
518(c) and section 1452(i) of such Acts: Provided further, That
for fiscal year 2017, notwithstanding the amounts specified in
section 205(c) of the Federal Water Pollution Control Act, up to
1.5 percent of the aggregate funds appropriated for the Clean
Water State Revolving Fund program under the Act less any sums
reserved under section 518(c) of the Act, may
[[Page 131 STAT. 473]]
be reserved by the Administrator for grants made under title II
of the Federal Water Pollution Control Act for American Samoa,
Guam, the Commonwealth of the Northern Marianas, and United
States Virgin Islands: Provided further, That for fiscal year
2017, notwithstanding the limitations on amounts specified in
section 1452(j) of the Safe Drinking Water Act, up to 1.5
percent of the funds appropriated for the Drinking Water State
Revolving Fund programs under the Safe Drinking Water Act may be
reserved by the Administrator for grants made under section
1452(j) of the Safe Drinking Water Act: Provided further, That
10 percent of the funds made available under this title to each
State for Clean Water State Revolving Fund capitalization grants
and 20 percent of the funds made available under this title to
each State for Drinking Water State Revolving Fund
capitalization grants shall be used by the State to provide
additional subsidy to eligible recipients in the form of
forgiveness of principal, negative interest loans, or grants (or
any combination of these), and shall be so used by the State
only where such funds are provided as initial financing for an
eligible recipient or to buy, refinance, or restructure the debt
obligations of eligible recipients where such debt was incurred
on or after the date of enactment of this Act, or where such
debt was incurred prior to the date of enactment of this Act if
the State, with concurrence from the Administrator, determines
that such funds could be used to help address a threat to public
health from heightened exposure to lead in drinking water or if
a Federal or State emergency declaration has been issued due to
a threat to public health from heightened exposure to lead in a
municipal drinking water supply before the date of enactment of
this Act: Provided further, That in a State in which such an
emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title to
the State for Drinking Water State Revolving Fund capitalization
grants to provide additional subsidy to eligible recipients;
(2) $10,000,000 shall be for architectural, engineering,
planning, design, construction and related activities in
connection with the construction of high priority water and
wastewater facilities in the area of the United States-Mexico
Border, after consultation with the appropriate border
commission: Provided, That no funds provided by this
appropriations Act to address the water, wastewater and other
critical infrastructure needs of the colonias in the United
States along the United States-Mexico border shall be made
available to a county or municipal government unless that
government has established an enforceable local ordinance, or
other zoning rule, which prevents in that jurisdiction the
development or construction of any additional colonia areas, or
the development within an existing colonia the construction of
any new home, business, or other structure which lacks water,
wastewater, or other necessary infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs of
rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be
[[Page 131 STAT. 474]]
used for administrative and overhead expenses; and (C) the State
of Alaska shall make awards consistent with the Statewide
priority list established in conjunction with the Agency and the
U.S. Department of Agriculture for all water, sewer, waste
disposal, and similar projects carried out by the State of
Alaska that are funded under section 221 of the Federal Water
Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm
and Rural Development Act (7 U.S.C. 1921 et seq.) which shall
allocate not less than 25 percent of the funds provided for
projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (CERCLA), including grants, interagency
agreements, and associated program support costs: Provided,
That not more than 25 percent of the amount appropriated to
carry out section 104(k) of CERCLA shall be used for site
characterization, assessment, and remediation of facilities
described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for
assistance in persistent poverty counties: Provided
further, <<NOTE: Definition.>> That for purposes of this
section, the term ``persistent poverty counties'' means any
county that has had 20 percent or more of its population living
in poverty over the past 30 years, as measured by the 1990 and
2000 decennial censuses and the most recent Small Area Income
and Poverty Estimates;
(5) $60,000,000 shall be for grants under title VII,
subtitle G of the Energy Policy Act of 2005;
(6) $30,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the explanatory
statement described in section 4 (in the matter preceding
division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality
program authorized in section 5004(d) of the Water
Infrastructure Improvements for the Nation Act (Public Law 114-
322); and
(8) $1,066,041,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including
activities pursuant to the provisions set forth under this
heading in Public Law 104-134, and for making grants under
section 103 of the Clean Air Act for particulate matter
monitoring and data collection activities subject to terms and
conditions specified by the Administrator, of which: $47,745,000
shall be for carrying out section 128 of CERCLA; $9,646,000
shall be for Environmental Information Exchange Network grants,
including associated program support costs; $1,498,000 shall be
for grants to States under section 2007(f)(2) of the Solid Waste
Disposal Act, which shall be in addition to funds appropriated
under the heading ``Leaking Underground Storage Tank Trust Fund
Program'' to carry out the provisions of the Solid Waste
Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $17,848,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
[[Page 131 STAT. 475]]
statistical surveys of water resources and enhancements to State
monitoring programs.
Water Infrastructure Finance and Innovation Program Account
For the cost of direct loans and for the cost of guaranteed loans,
as authorized by the Water Infrastructure Finance and Innovation Act of
2014, $8,000,000, to remain available until expended: Provided, That
such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That these funds are available to subsidize gross
obligations for the principal amount of direct loans, including
capitalized interest, and total loan principal, including capitalized
interest, any part of which is to be guaranteed, not to exceed
$976,000,000: Provided further, That amounts made available under this
heading in this Act are in addition to amounts appropriated or otherwise
made available for the Water Infrastructure Finance and Innovation
Program for fiscal year 2017.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation Act of
2014 shall be deposited in this account to remain available until
expended.
In addition, for administrative expenses to carry out the direct and
guaranteed loan programs, notwithstanding section 5033 of the Water
Infrastructure Finance and Innovation Act of 2014, $2,000,000, to remain
available until September 30, 2018.
Administrative Provisions--Environmental Protection Agency
(including transfers and rescission of funds)
For fiscal year 2017, notwithstanding 31 U.S.C. 6303(1) and 6305(1),
the Administrator of the Environmental Protection Agency, in carrying
out the Agency's function to implement directly Federal environmental
programs required or authorized by law in the absence of an acceptable
tribal program, may award cooperative agreements to federally recognized
Indian tribes or Intertribal consortia, if authorized by their member
tribes, to assist the Administrator in implementing Federal
environmental programs for Indian tribes required or authorized by law,
except that no such cooperative agreements may be awarded from funds
designated for State financial assistance agreements.
The <<NOTE: Fees.>> Administrator of the Environmental Protection
Agency is authorized to collect and obligate pesticide registration
service fees in accordance with section 33 of the Federal Insecticide,
Fungicide, and Rodenticide Act, as amended by Public Law 112-177, the
Pesticide Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w-8(d)(2)), the
Administrator of the Environmental Protection Agency may assess fees
under section 33 of FIFRA (7 U.S.C. 136w-8) for fiscal year 2017.
The Administrator is authorized to transfer up to $300,000,000 of
the funds appropriated for the Great Lakes Restoration Initiative under
the heading ``Environmental Programs and Management''
[[Page 131 STAT. 476]]
to the head of any Federal department or agency, with the concurrence of
such head, to carry out activities that would support the Great Lakes
Restoration Initiative and Great Lakes Water Quality Agreement programs,
projects, or activities; <<NOTE: Contracts.>> to enter into an
interagency agreement with the head of such Federal department or agency
to carry out these activities; and <<NOTE: Grants.>> to make grants to
governmental entities, nonprofit organizations, institutions, and
individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Initiative
and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and Management,
Office of Inspector General, Hazardous Substance Superfund, and Leaking
Underground Storage Tank Trust Fund Program Accounts, are available for
the construction, alteration, repair, rehabilitation, and renovation of
facilities provided that the cost does not exceed $150,000 per project.
For <<NOTE: Time period. Grants. Native Americans.>> fiscal year
2017, and notwithstanding section 518(f) of the Federal Water Pollution
Control Act (33 U.S.C. 1377(f)), the Administrator is authorized to use
the amounts appropriated for any fiscal year under section 319 of the
Act to make grants to Indian tribes pursuant to sections 319(h) and
518(e) of that Act.
The <<NOTE: Grants.>> Administrator is authorized to use the amounts
appropriated under the heading ``Environmental Programs and Management''
for fiscal year 2017 to provide grants to implement the Southeastern New
England Watershed Restoration Program.
Notwithstanding the limitation on amounts in section 320(i) of the
Federal Water Pollution Control Act, funds made available under this
title for the National Estuary Program shall be used for the
development, implementation, and monitoring of comprehensive
conservation and management plans.
Of the unobligated balances available for ``State and Tribal
Assistance Grants'' account, $61,198,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency requirement pursuant to the
Concurrent Resolution on the Budget or the Balanced Budget and Emergency
Deficit Control Act of 1985 or from amounts that were made available by
subsection (a) of section 196 of the Continuing Appropriations Act, 2017
(division C of Public Law 114-223), as amended by the Further Continuing
and Security Assistance Appropriations Act, 2017 (Public Law 114-254).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
Forest Service
forest and rangeland research
For necessary expenses of forest and rangeland research as
authorized by law, $288,514,000, to remain available through September
30, 2020: Provided, That of the funds provided, $77,000,000 is for the
forest inventory and analysis program.
[[Page 131 STAT. 477]]
state and private forestry
(including rescission of funds)
For necessary expenses of cooperating with and providing technical
and financial assistance to States, territories, possessions, and
others, and for forest health management, including treatments of pests,
pathogens, and invasive or noxious plants and for restoring and
rehabilitating forests damaged by pests or invasive plants, cooperative
forestry, and education and land conservation activities and conducting
an international program as authorized, $228,923,000, to remain
available through September 30, 2020, as authorized by law; of which
$62,347,000 is to be derived from the Land and Water Conservation Fund
to be used for the Forest Legacy Program, to remain available until
expended.
Of the unobligated balances from amounts made available for the
Forest Legacy Program and derived from the Land and Water Conservation
Fund, $12,002,000 is hereby permanently rescinded from projects with
cost savings or failed or partially failed projects that had funds
returned.
national forest system
(including transfers of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, for management, protection, improvement, and utilization of the
National Forest System, $1,513,318,000, to remain available through
September 30, 2020: Provided, That of the funds provided, $40,000,000
shall be deposited in the Collaborative Forest Landscape Restoration
Fund for ecological restoration treatments as authorized by 16 U.S.C.
7303(f): Provided further, That of the funds provided, $367,805,000
shall be for forest products: Provided further, That of the funds
provided, up to $81,941,000 is for the Integrated Resource Restoration
pilot program for Region 1, Region 3 and Region 4: Provided further,
That of the funds provided for forest products, up to $65,560,000 may be
transferred to support the Integrated Resource Restoration pilot program
in the preceding proviso: Provided further, That the Secretary of
Agriculture may transfer to the Secretary of the Interior any
unobligated funds appropriated in a previous fiscal year for operation
of the Valles Caldera National Preserve: Provided further, <<NOTE: 43
USC 1751 note.>> That notwithstanding section 33 of the Bankhead Jones
Farm Tenant Act (7 U.S.C. 1012), the Secretary of Agriculture, in
calculating a fee for grazing on a National Grassland, may provide a
credit of up to 50 percent of the calculated fee to a Grazing
Association or direct permittee for a conservation practice approved by
the Secretary in advance of the fiscal year in which the cost of the
conservation practice is incurred. And, that the amount credited shall
remain available to the Grazing Association or the direct permittee, as
appropriate, in the fiscal year in which the credit is made and each
fiscal year thereafter for use on the project for conservation practices
approved by the Secretary.
[[Page 131 STAT. 478]]
capital improvement and maintenance
(including transfer of funds)
For necessary expenses of the Forest Service, not otherwise provided
for, $364,014,000, to remain available through September 30, 2020, for
construction, capital improvement, maintenance and acquisition of
buildings and other facilities and infrastructure; and for construction,
reconstruction, decommissioning of roads that are no longer needed,
including unauthorized roads that are not part of the transportation
system, and maintenance of forest roads and trails by the Forest Service
as authorized by 16 U.S.C. 532-538 and 23 U.S.C. 101 and 205: Provided,
That $40,000,000 shall be designated for urgently needed road
decommissioning, road and trail repair and maintenance and associated
activities, and removal of fish passage barriers, especially in areas
where Forest Service roads may be contributing to water quality problems
in streams and water bodies which support threatened, endangered, or
sensitive species or community water sources: Provided further, That
funds becoming available in fiscal year 2017 under the Act of March 4,
1913 (16 U.S.C. 501) shall be transferred to the General Fund of the
Treasury and shall not be available for transfer or obligation for any
other purpose unless the funds are appropriated: Provided further, That
of the funds provided for decommissioning of roads, up to $14,743,000
may be transferred to the ``National Forest System'' to support the
Integrated Resource Restoration pilot program.
land acquisition
For expenses necessary to carry out the provisions of chapter 2003
of title 54, United States Code, including administrative expenses, and
for acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the Forest Service, $54,415,000,
to be derived from the Land and Water Conservation Fund and to remain
available until expended.
acquisition of lands for national forests special acts
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe National
Forest, Nevada; and the Angeles, San Bernardino, Sequoia, and Cleveland
National Forests, California, as authorized by law, $950,000, to be
derived from forest receipts.
acquisition of lands to complete land exchanges
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant to
Land Sale and Exchange Acts, pursuant to the Act of December 4, 1967 (16
U.S.C. 484a), to remain available through September 30, 2020, (16 U.S.C.
516-617a, 555a; Public Law 96-586; Public Law 76-589, 76-591; and Public
Law 78-310).
[[Page 131 STAT. 479]]
range betterment fund
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior fiscal
year, as fees for grazing domestic livestock on lands in National
Forests in the 16 Western States, pursuant to section 401(b)(1) of
Public Law 94-579, to remain available through September 30, 2020, of
which not to exceed 6 percent shall be available for administrative
expenses associated with on-the-ground range rehabilitation, protection,
and improvements.
gifts, donations and bequests for forest and rangeland research
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to remain
available through September 30, 2020, to be derived from the fund
established pursuant to the above Act.
management of national forest lands for subsistence uses
For necessary expenses of the Forest Service to manage Federal lands
in Alaska for subsistence uses under title VIII of the Alaska National
Interest Lands Conservation Act (Public Law 96-487), $2,500,000, to
remain available through September 30, 2020.
wildland fire management
(including transfers of funds)
For necessary expenses for forest fire presuppression activities on
National Forest System lands, for emergency fire suppression on or
adjacent to such lands or other lands under fire protection agreement,
hazardous fuels management on or adjacent to such lands, emergency
rehabilitation of burned-over National Forest System lands and water,
and for State and volunteer fire assistance, $2,833,415,000, to remain
available through September 30, 2020: Provided, That such funds
including unobligated balances under this heading, are available for
repayment of advances from other appropriations accounts previously
transferred for such purposes: Provided
further, <<NOTE: Reimbursement.>> That such funds shall be available to
reimburse State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the extent
such reimbursements by the Forest Service for non-fire emergencies are
fully repaid by the responsible emergency management agency: Provided
further, That funds provided shall be available for emergency
rehabilitation and restoration, hazardous fuels management activities,
support to Federal emergency response, and wildfire suppression
activities of the Forest Service: Provided further, That of the funds
provided, $390,000,000 is for hazardous fuels management activities,
$19,795,000 is for research activities and to make competitive research
grants pursuant to the Forest and Rangeland Renewable Resources Research
Act, (16 U.S.C. 1641 et seq.), $78,000,000 is for State fire assistance,
and $15,000,000 is for volunteer fire assistance under section 10 of the
Cooperative Forestry Assistance Act of 1978 (16 U.S.C. 2106): Provided
further, That amounts in this paragraph may be transferred to the
``National Forest System'', and ``Forest and Rangeland Research''
accounts to fund forest and rangeland research, vegetation and watershed
[[Page 131 STAT. 480]]
management, heritage site rehabilitation, and wildlife and fish habitat
management and restoration: Provided further, That the costs of
implementing any cooperative agreement between the Federal Government
and any non-Federal entity may be shared, as mutually agreed on by the
affected parties: Provided further, That up to $15,000,000 of the funds
provided herein may be used by the Secretary of Agriculture to enter
into procurement contracts or cooperative agreements or to issue grants
for hazardous fuels management activities and for training or monitoring
associated with such hazardous fuels management activities on Federal
land or on non-Federal land if the Secretary determines such activities
benefit resources on Federal land: Provided further, That funds made
available to implement the Community Forest Restoration Act, Public Law
106-393, title VI, shall be available for use on non-Federal lands in
accordance with authorities made available to the Forest Service under
the ``State and Private Forestry'' appropriation: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture may
authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000, between
the Departments when such transfers would facilitate and expedite
wildland fire management programs and projects: Provided further, That
of the funds provided for hazardous fuels management, not to exceed
$15,000,000 may be used to make grants, using any authorities available
to the Forest Service under the ``State and Private Forestry''
appropriation, for the purpose of creating incentives for increased use
of biomass from National Forest System lands: Provided further, That
funds designated for wildfire suppression, including funds transferred
from the ``FLAME Wildfire Suppression Reserve Fund'', shall be assessed
for cost pools on the same basis as such assessments are calculated
against other agency programs: Provided further, That of the funds for
hazardous fuels management, up to $24,000,000 may be transferred to the
``National Forest System'' to support the Integrated Resource
Restoration pilot program.
flame wildfire suppression reserve fund
(including transfers of funds)
For necessary expenses for large fire suppression operations of the
Department of Agriculture and as a reserve fund for suppression and
Federal emergency response activities, $342,000,000, to remain available
until expended: Provided, That such amounts are only available for
transfer to the ``Wildland Fire Management'' account following a
declaration by the Secretary in accordance with section 502 of the FLAME
Act of 2009 (43 U.S.C. 1748a): Provided further, That such amount is
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
administrative provisions--forest service
(including transfers and rescissions of funds)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and hire of
such vehicles; purchase, lease, operation, maintenance, and
[[Page 131 STAT. 481]]
acquisition of aircraft to maintain the operable fleet for use in Forest
Service wildland fire programs and other Forest Service programs;
notwithstanding other provisions of law, existing aircraft being
replaced may be sold, with proceeds derived or trade-in value used to
offset the purchase price for the replacement aircraft; (2) services
pursuant to 7 U.S.C. 2225, and not to exceed $100,000 for employment
under 5 U.S.C. 3109; (3) purchase, erection, and alteration of buildings
and other public improvements (7 U.S.C. 2250); (4) acquisition of land,
waters, and interests therein pursuant to 7 U.S.C. 428a; (5) for
expenses pursuant to the Volunteers in the National Forest Act of 1972
(16 U.S.C. 558a, 558d, and 558a note); (6) the cost of uniforms as
authorized by 5 U.S.C. 5901-5902; and (7) for debt collection contracts
in accordance with 31 U.S.C. 3718(c).
Any <<NOTE: Notification. Deadline.>> appropriations or funds
available to the Forest Service may be transferred to the Wildland Fire
Management appropriation for forest firefighting, emergency
rehabilitation of burned-over or damaged lands or waters under its
jurisdiction, and fire preparedness due to severe burning conditions
upon the Secretary's notification of the House and Senate Committees on
Appropriations that all fire suppression funds appropriated under the
headings ``Wildland Fire Management'' and ``FLAME Wildfire Suppression
Reserve Fund'' will be obligated within 30 days: Provided, That all
funds used pursuant to this paragraph must be replenished by a
supplemental appropriation which must be requested as promptly as
possible.
Notwithstanding any other provision of this Act, the Forest Service
may transfer unobligated balances of discretionary funds appropriated to
the Forest Service by this Act to or within the Wildland Fire Management
Account, or reprogram funds within the Wildland Fire Management Account,
to be used for the purposes of hazardous fuels management and emergency
rehabilitation of burned-over National Forest System lands and water,
such transferred funds shall remain available through September 30,
2020: Provided, <<NOTE: Notification. Advance approval.>> That none of
the funds transferred pursuant to this section shall be available for
obligation without written notification to and the prior approval of the
Committees on Appropriations of both Houses of Congress: Provided
further, That this section does not apply to funds appropriated to the
FLAME Wildfire Suppression Reserve Fund or funds derived from the Land
and Water Conservation Fund.
Funds appropriated to the Forest Service shall be available for
assistance to or through the Agency for International Development in
connection with forest and rangeland research, technical information,
and assistance in foreign countries, and shall be available to support
forestry and related natural resource activities outside the United
States and its territories and possessions, including technical
assistance, education and training, and cooperation with United States,
private, and international organizations. The Forest Service, acting for
the International Program, may sign direct funding agreements with
foreign governments and institutions as well as other domestic agencies
(including the United States Agency for International Development, the
Department of State, and the Millennium Challenge Corporation), United
States private sector firms, institutions and organizations to provide
technical assistance and training programs overseas on forestry and
rangeland management.
[[Page 131 STAT. 482]]
Funds appropriated to the Forest Service shall be available for
expenditure or transfer to the Department of the Interior, Bureau of
Land Management, for removal, preparation, and adoption of excess wild
horses and burros from National Forest System lands, and for the
performance of cadastral surveys to designate the boundaries of such
lands.
None <<NOTE: 16 USC 556i.>> of the funds made available to the
Forest Service in this Act or any other Act with respect to any fiscal
year shall be subject to transfer under the provisions of section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106-224 (7 U.S.C. 7772), or section 10417(b)
of Public Law 107-171 (7 U.S.C. 8316(b)).
None <<NOTE: Advance approval.>> of the funds available to the
Forest Service may be reprogrammed without the advance approval of the
House and Senate Committees on Appropriations in accordance with the
reprogramming procedures contained in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Not more than $82,000,000 of funds available to the Forest Service
shall be transferred to the Working Capital Fund of the Department of
Agriculture and not more than $14,500,000 of funds available to the
Forest Service shall be transferred to the Department of Agriculture for
Department Reimbursable Programs, commonly referred to as Greenbook
charges. Nothing in this paragraph shall prohibit or limit the use of
reimbursable agreements requested by the Forest Service in order to
obtain services from the Department of Agriculture's National
Information Technology Center and the Department of Agriculture's
International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000 shall
be available for priority projects within the scope of the approved
budget, which shall be carried out by the Youth Conservation Corps and
shall be carried out under the authority of the Public Lands Corps Act
of 1993, Public Law 103-82, as amended by Public Lands Corps Healthy
Forests Restoration Act of 2005, Public Law 109-154.
Of the funds available to the Forest Service, $4,000 is available to
the Chief of the Forest Service for official reception and
representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101-593, of the
funds available to the Forest Service, up to $3,000,000 may be advanced
in a lump sum to the National Forest Foundation to aid conservation
partnership projects in support of the Forest Service mission, without
regard to when the Foundation incurs expenses, for projects on or
benefitting National Forest System lands or related to Forest Service
programs: Provided, That of the Federal funds made available to the
Foundation, no more than $300,000 shall be available for administrative
expenses: Provided further, That the Foundation shall obtain, by the
end of the period of Federal financial assistance, private contributions
to match on at least one-for-one basis funds made available by the
Forest Service: Provided further, That the Foundation may transfer
Federal funds to a Federal or a non-Federal recipient for a project at
the same rate that the recipient has obtained the non-Federal matching
funds.
Pursuant to section 2(b)(2) of Public Law 98-244, up to $3,000,000
of the funds available to the Forest Service may be advanced to the
National Fish and Wildlife Foundation in a lump
[[Page 131 STAT. 483]]
sum to aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System lands or
related to Forest Service programs: Provided, That such funds shall be
matched on at least a one-for-one basis by the Foundation or its sub-
recipients: Provided further, That the Foundation may transfer Federal
funds to a Federal or non-Federal recipient for a project at the same
rate that the recipient has obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available for
interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable rural
development purposes.
Funds appropriated to the Forest Service shall be available for
payments to counties within the Columbia River Gorge National Scenic
Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2) of
Public Law 99-663.
Any funds appropriated to the Forest Service may be used to meet the
non-Federal share requirement in section 502(c) of the Older Americans
Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed $65,000,000,
shall be assessed for the purpose of performing fire, administrative and
other facilities maintenance and decommissioning. Such assessments shall
occur using a square foot rate charged on the same basis the agency uses
to assess programs for payment of rent, utilities, and other support
services.
Notwithstanding any other provision of law, any appropriations or
funds available to the Forest Service not to exceed $500,000 may be used
to reimburse the Office of the General Counsel (OGC), Department of
Agriculture, for travel and related expenses incurred as a result of OGC
assistance or participation requested by the Forest Service at meetings,
training sessions, management reviews, land purchase negotiations and
similar nonlitigation-related matters. Future budget justifications for
both the Forest Service and the Department of Agriculture should clearly
display the sums previously transferred and the requested funding
transfers.
An eligible individual who is employed in any project funded under
title V of the Older Americans Act of 1965 (42 U.S.C. 3056 et seq.) and
administered by the Forest Service shall be considered to be a Federal
employee for purposes of chapter 171 of title 28, United States Code.
Notwithstanding <<NOTE: Reports. Deadline.>> any other provision of
this Act, through the Office of Budget and Program Analysis, the Forest
Service shall report no later than 30 business days following the close
of each fiscal quarter all current and prior year unobligated balances,
by fiscal year, budget line item and account, to the House and Senate
Committees on Appropriations.
The following unobligated balances identified by the following
accounts are hereby rescinded: Forest and Rangeland Research, $815,000;
National Forest System, $2,000,000; and State and Private Forestry,
$3,500,000.
[[Page 131 STAT. 484]]
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Indian Health Service
indian health services
For expenses necessary to carry out the Act of August 5, 1954 (68
Stat. 674), the Indian Self-Determination and Education Assistance Act,
the Indian Health Care Improvement Act, and titles II and III of the
Public Health Service Act with respect to the Indian Health Service,
$3,694,462,000, together with payments received during the fiscal year
pursuant to 42 U.S.C. 238(b) and 238b, for services furnished by the
Indian Health Service: Provided, That funds made available to tribes
and tribal organizations through contracts, grant agreements, or any
other agreements or compacts authorized by the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed to
be obligated at the time of the grant or contract award and thereafter
shall remain available to the tribe or tribal organization without
fiscal year limitation: Provided further, That $2,000,000 shall be
available for grants or contracts with public or private institutions to
provide alcohol or drug treatment services to Indians, including alcohol
detoxification services: Provided further, That $928,830,000 for
Purchased/Referred Care, including $53,000,000 for the Indian
Catastrophic Health Emergency Fund, shall remain available until
expended: Provided further, That of the funds provided, up to
$36,000,000 shall remain available until expended for implementation of
the loan repayment program under section 108 of the Indian Health Care
Improvement Act: Provided further, That of the funds provided,
$11,000,000 shall remain available until expended to supplement funds
available for operational costs at tribal clinics operated under an
Indian Self-Determination and Education Assistance Act compact or
contract where health care is delivered in space acquired through a full
service lease, which is not eligible for maintenance and improvement and
equipment funds from the Indian Health Service, and $29,000,000 shall be
for costs related to or resulting from accreditation emergencies, of
which up to $4,000,000 may be used to supplement amounts otherwise
available for Purchased and Referred Care: Provided further, That the
amounts collected by the Federal Government as authorized by sections
104 and 108 of the Indian Health Care Improvement Act (25 U.S.C. 1613a
and 1616a) during the preceding fiscal year for breach of contracts
shall be deposited to the Fund authorized by section 108A of the Act (25
U.S.C. 1616a-1) and shall remain available until expended and,
notwithstanding section 108A(c) of the Act (25 U.S.C. 1616a-1(c)), funds
shall be available to make new awards under the loan repayment and
scholarship programs under sections 104 and 108 of the Act (25 U.S.C.
1613a and 1616a): Provided further, That the amounts made available
within this account for the Substance Abuse and Suicide Prevention
Program, for the Domestic Violence Prevention Program, for the Zero
Suicide Initiative, for aftercare pilots at Youth Regional Treatment
Centers, to improve collections from public and private insurance at
Indian Health Service and tribally operated facilities, and for
accreditation emergencies shall be allocated at the discretion of the
Director of the Indian Health Service and shall remain available until
expended: Provided further, <<NOTE: Contracts. Grants. Time
period.>> That funds provided
[[Page 131 STAT. 485]]
in this Act may be used for annual contracts and grants that fall within
2 fiscal years, provided the total obligation is recorded in the year
the funds are appropriated: Provided further, That the amounts
collected by the Secretary of Health and Human Services under the
authority of title IV of the Indian Health Care Improvement Act shall
remain available until expended for the purpose of achieving compliance
with the applicable conditions and requirements of titles XVIII and XIX
of the Social Security Act, except for those related to the planning,
design, or construction of new facilities: Provided further, That
funding contained herein for scholarship programs under the Indian
Health Care Improvement Act (25 U.S.C. 1613) shall remain available
until expended: Provided further, <<NOTE: Reports.>> That amounts
received by tribes and tribal organizations under title IV of the Indian
Health Care Improvement Act shall be reported and accounted for and
available to the receiving tribes and tribal organizations until
expended: Provided further, That the Bureau of Indian Affairs may
collect from the Indian Health Service, tribes and tribal organizations
operating health facilities pursuant to Public Law 93-638, such
individually identifiable health information relating to disabled
children as may be necessary for the purpose of carrying out its
functions under the Individuals with Disabilities Education Act (20
U.S.C. 1400, et seq.): Provided further, That the Indian Health Care
Improvement Fund may be used, as needed, to carry out activities
typically funded under the Indian Health Facilities account.
contract support costs
For payments to tribes and tribal organizations for contract support
costs associated with Indian Self-Determination and Education Assistance
Act agreements with the Indian Health Service for fiscal year 2017, such
sums as may be necessary: Provided, That notwithstanding any other
provision of law, no amounts made available under this heading shall be
available for transfer to another budget account.
indian health facilities
For construction, repair, maintenance, improvement, and equipment of
health and related auxiliary facilities, including quarters for
personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings, and
purchases of trailers; and for provision of domestic and community
sanitation facilities for Indians, as authorized by section 7 of the Act
of August 5, 1954 (42 U.S.C. 2004a), the Indian Self-Determination Act,
and the Indian Health Care Improvement Act, and for expenses necessary
to carry out such Acts and titles II and III of the Public Health
Service Act with respect to environmental health and facilities support
activities of the Indian Health Service, $545,424,000, to remain
available until expended: Provided, That notwithstanding any other
provision of law, funds appropriated for the planning, design,
construction, renovation or expansion of health facilities for the
benefit of an Indian tribe or tribes may be used to purchase land on
which such facilities will be located: Provided further, That not to
exceed $500,000 may be used by the Indian Health Service to purchase
TRANSAM equipment from the Department of Defense for distribution to the
Indian Health Service and tribal facilities: Provided further, That
none
[[Page 131 STAT. 486]]
of the funds appropriated to the Indian Health Service may be used for
sanitation facilities construction for new homes funded with grants by
the housing programs of the United States Department of Housing and
Urban Development: Provided further, That not to exceed $2,700,000 from
this account and the ``Indian Health Services'' account may be used by
the Indian Health Service to obtain ambulances for the Indian Health
Service and tribal facilities in conjunction with an existing
interagency agreement between the Indian Health Service and the General
Services Administration: Provided further, That not to exceed $500,000
may be placed in a Demolition Fund, to remain available until expended,
and be used by the Indian Health Service for the demolition of Federal
buildings.
administrative provisions--indian health service
Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109 at rates
not to exceed the per diem rate equivalent to the maximum rate payable
for senior-level positions under 5 U.S.C. 5376; hire of passenger motor
vehicles and aircraft; purchase of medical equipment; purchase of
reprints; purchase, renovation and erection of modular buildings and
renovation of existing facilities; payments for telephone service in
private residences in the field, when authorized under regulations
approved by the Secretary; uniforms or allowances therefor as authorized
by 5 U.S.C. 5901-5902; and for expenses of attendance at meetings that
relate to the functions or activities of the Indian Health Service:
Provided, That in accordance with the provisions of the Indian Health
Care Improvement Act, non-Indian patients may be extended health care at
all tribally administered or Indian Health Service facilities, subject
to charges, and the proceeds along with funds recovered under the
Federal Medical Care Recovery Act (42 U.S.C. 2651-2653) shall be
credited to the account of the facility providing the service and shall
be available without fiscal year limitation: Provided further, That
notwithstanding any other law or regulation, funds transferred from the
Department of Housing and Urban Development to the Indian Health Service
shall be administered under Public Law 86-121, the Indian Sanitation
Facilities Act and Public Law 93-638: Provided further, That funds
appropriated to the Indian Health Service in this Act, except those used
for administrative and program direction purposes, shall not be subject
to limitations directed at curtailing Federal travel and transportation:
Provided further, <<NOTE: Assessments.>> That none of the funds made
available to the Indian Health Service in this Act shall be used for any
assessments or charges by the Department of Health and Human Services
unless identified in the budget justification and provided in this Act,
or approved by the House and Senate Committees on Appropriations through
the reprogramming process: Provided further, That notwithstanding any
other provision of law, funds previously or herein made available to a
tribe or tribal organization through a contract, grant, or agreement
authorized by title I or title V of the Indian Self-Determination and
Education Assistance Act of 1975 (25 U.S.C. 450), may be deobligated and
reobligated to a self-determination contract under title I, or a self-
governance agreement under title V of such Act and thereafter shall
remain available to the tribe or tribal organization without fiscal year
limitation: Provided further, That none
[[Page 131 STAT. 487]]
of the funds made available to the Indian Health Service in this Act
shall be used to implement the final rule published in the Federal
Register on September 16, 1987, by the Department of Health and Human
Services, relating to the eligibility for the health care services of
the Indian Health Service until the Indian Health Service has submitted
a budget request reflecting the increased costs associated with the
proposed final rule, and such request has been included in an
appropriations Act and enacted into law: Provided
further, <<NOTE: Reimbursements.>> That with respect to functions
transferred by the Indian Health Service to tribes or tribal
organizations, the Indian Health Service is authorized to provide goods
and services to those entities on a reimbursable basis, including
payments in advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited to the
same or subsequent appropriation account from which the funds were
originally derived, with such amounts to remain available until
expended: Provided further, That reimbursements for training, technical
assistance, or services provided by the Indian Health Service will
contain total costs, including direct, administrative, and overhead
associated with the provision of goods, services, or technical
assistance: Provided further, <<NOTE: Notification.>> That the
appropriation structure for the Indian Health Service may not be altered
without advance notification to the House and Senate Committees on
Appropriations.
National Institutes of Health
national institute of environmental health sciences
For necessary expenses for the National Institute of Environmental
Health Sciences in carrying out activities set forth in section 311(a)
of the Comprehensive Environmental Response, Compensation, and Liability
Act of 1980 (42 U.S.C. 9660(a)) and section 126(g) of the Superfund
Amendments and Reauthorization Act of 1986, $77,349,000.
Agency for Toxic Substances and Disease Registry
toxic substances and environmental public health
For necessary expenses for the Agency for Toxic Substances and
Disease Registry (ATSDR) in carrying out activities set forth in
sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and section
3019 of the Solid Waste Disposal Act, $74,691,000, of which up to $1,000
per eligible employee of the Agency for Toxic Substances and Disease
Registry shall remain available until expended for Individual Learning
Accounts: Provided, That notwithstanding any other provision of law, in
lieu of performing a health assessment under section 104(i)(6) of
CERCLA, the Administrator of ATSDR may conduct other appropriate health
studies, evaluations, or activities, including, without limitation,
biomedical testing, clinical evaluations, medical monitoring, and
referral to accredited healthcare providers: Provided further, That in
performing any such health assessment or health study, evaluation, or
activity, the Administrator of ATSDR shall not be bound by the deadlines
in section 104(i)(6)(A) of CERCLA: Provided further, That none
[[Page 131 STAT. 488]]
of the funds appropriated under this heading shall be available for
ATSDR to issue in excess of 40 toxicological profiles pursuant to
section 104(i) of CERCLA during fiscal year 2017, and existing profiles
may be updated as necessary.
OTHER RELATED AGENCIES
Executive Office of the President
council on environmental quality and office of environmental quality
For necessary expenses to continue functions assigned to the Council
on Environmental Quality and Office of Environmental Quality pursuant to
the National Environmental Policy Act of 1969, the Environmental Quality
Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not
to exceed $750 for official reception and representation expenses,
$3,000,000: Provided, That notwithstanding section 202 of the National
Environmental Policy Act of 1970, the Council shall consist of one
member, appointed by the President, by and with the advice and consent
of the Senate, serving as chairman and exercising all powers, functions,
and duties of the Council.
Chemical Safety and Hazard Investigation Board
salaries and expenses
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901-5902, and for services authorized by 5 U.S.C. 3109 but at rates for
individuals not to exceed the per diem equivalent to the maximum rate
payable for senior level positions under 5 U.S.C. 5376, $11,000,000:
Provided, That the Chemical Safety and Hazard Investigation Board
(Board) shall have not more than three career Senior Executive Service
positions: Provided further, <<NOTE: 5 USC app. 8G note.>> That
notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection Agency
(EPA) shall, by virtue of such appointment, also hold the position of
Inspector General of the Board: Provided further, That notwithstanding
any other provision of law, the Inspector General of the Board shall
utilize personnel of the Office of Inspector General of EPA in
performing the duties of the Inspector General of the Board, and shall
not appoint any individuals to positions within the Board.
Office of Navajo and Hopi Indian Relocation
salaries and expenses
(including transfer of funds)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93-531, $15,431,000, to remain
available until expended: Provided, That funds provided in this or any
other appropriations Act are to be used to relocate eligible individuals
and groups including evictees from District 6,
[[Page 131 STAT. 489]]
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in the
preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office of Navajo
and Hopi Indian Relocation to evict any single Navajo or Navajo family
who, as of November 30, 1985, was physically domiciled on the lands
partitioned to the Hopi Tribe unless a new or replacement home is
provided for such household: Provided further, That no relocatee will
be provided with more than one new or replacement home: Provided
further, That the Office shall relocate any certified eligible
relocatees who have selected and received an approved homesite on the
Navajo reservation or selected a replacement residence off the Navajo
reservation or on the land acquired pursuant to section 11 of Public Law
93-531 (88 Stat. 1716): Provided further, That $200,000 shall be
transferred to the Office of Inspector General of the Department of the
Interior, to remain available until expended, for audits and
investigations of the Office of Navajo and Hopi Indian Relocation,
consistent with the Inspector General Act of 1978 (5 U.S.C. App.).
Institute of American Indian and Alaska Native Culture and Arts
Development
payment to the institute
For payment to the Institute of American Indian and Alaska Native
Culture and Arts Development, as authorized by title XV of Public Law
99-498 (20 U.S.C. 56 part A), $15,212,000, to remain available until
September 30, 2018: Provided, That of the funds made available under
this heading, not to exceed $7,377,000 shall become available on July 1,
2017, and shall remain available until September 30, 2018.
Smithsonian Institution
salaries and expenses
For necessary expenses of the Smithsonian Institution, as authorized
by law, including research in the fields of art, science, and history;
development, preservation, and documentation of the National
Collections; presentation of public exhibits and performances;
collection, preparation, dissemination, and exchange of information and
publications; conduct of education, training, and museum assistance
programs; maintenance, alteration, operation, lease agreements of no
more than 30 years, and protection of buildings, facilities, and
approaches; not to exceed $100,000 for services as authorized by 5
U.S.C. 3109; and purchase, rental, repair, and cleaning of uniforms for
employees, $729,444,000, to remain available until September 30, 2018,
except as otherwise provided herein; of which not to exceed $48,467,000
for the instrumentation program, collections acquisition, exhibition
reinstallation, the National Museum of African American History and
Culture, and the repatriation of skeletal remains program shall remain
available until expended; and including such funds as may be necessary
to support American overseas research centers: Provided, That funds
appropriated herein are available for advance payments to independent
contractors performing research services or participating in official
Smithsonian presentations.
[[Page 131 STAT. 490]]
facilities capital
For necessary expenses of repair, revitalization, and alteration of
facilities owned or occupied by the Smithsonian Institution, by contract
or otherwise, as authorized by section 2 of the Act of August 22, 1949
(63 Stat. 623), and for construction, including necessary personnel,
$133,903,000, to remain available until expended, of which not to exceed
$10,000 shall be for services as authorized by 5 U.S.C. 3109.
National Gallery of Art
salaries and expenses
For the upkeep and operations of the National Gallery of Art, the
protection and care of the works of art therein, and administrative
expenses incident thereto, as authorized by the Act of March 24, 1937
(50 Stat. 51), as amended by the public resolution of April 13, 1939
(Public Resolution 9, Seventy-sixth Congress), including services as
authorized by 5 U.S.C. 3109; payment in advance when authorized by the
treasurer of the Gallery for membership in library, museum, and art
associations or societies whose publications or services are available
to members only, or to members at a price lower than to the general
public; purchase, repair, and cleaning of uniforms for guards, and
uniforms, or allowances therefor, for other employees as authorized by
law (5 U.S.C. 5901-5902); purchase or rental of devices and services for
protecting buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds; and
purchase of services for restoration and repair of works of art for the
National Gallery of Art by contracts made, without advertising, with
individuals, firms, or organizations at such rates or prices and under
such terms and conditions as the Gallery may deem proper, $132,961,000,
to remain available until September 30, 2018, of which not to exceed
$3,620,000 for the special exhibition program shall remain available
until expended.
repair, restoration and renovation of buildings
For necessary expenses of repair, restoration and renovation of
buildings, grounds and facilities owned or occupied by the National
Gallery of Art, by contract or otherwise, for operating lease agreements
of no more than 10 years, with no extensions or renewals beyond the 10
years, that address space needs created by the ongoing renovations in
the Master Facilities Plan, as authorized, $22,564,000, to remain
available until expended: Provided, That contracts awarded for
environmental systems, protection systems, and exterior repair or
renovation of buildings of the National Gallery of Art may be negotiated
with selected contractors and awarded on the basis of contractor
qualifications as well as price.
John F. Kennedy Center for the Performing Arts
operations and maintenance
For necessary expenses for the operation, maintenance and security
of the John F. Kennedy Center for the Performing Arts, $22,260,000.
[[Page 131 STAT. 491]]
capital repair and restoration
For necessary expenses for capital repair and restoration of the
existing features of the building and site of the John F. Kennedy Center
for the Performing Arts, $14,140,000, to remain available until
expended.
Woodrow Wilson International Center for Scholars
salaries and expenses
For expenses necessary in carrying out the provisions of the Woodrow
Wilson Memorial Act of 1968 (82 Stat. 1356) including hire of passenger
vehicles and services as authorized by 5 U.S.C. 3109, $10,500,000, to
remain available until September 30, 2018.
National Foundation on the Arts and the Humanities
National Endowment for the Arts
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $149,849,000 shall be available to
the National Endowment for the Arts for the support of projects and
productions in the arts, including arts education and public outreach
activities, through assistance to organizations and individuals pursuant
to section 5 of the Act, for program support, and for administering the
functions of the Act, to remain available until expended.
National Endowment for the Humanities
grants and administration
For necessary expenses to carry out the National Foundation on the
Arts and the Humanities Act of 1965, $149,848,000, to remain available
until expended, of which $139,148,000 shall be available for support of
activities in the humanities, pursuant to section 7(c) of the Act and
for administering the functions of the Act; and $10,700,000 shall be
available to carry out the matching grants program pursuant to section
10(a)(2) of the Act, including $8,500,000 for the purposes of section
7(h): Provided, That appropriations for carrying out section 10(a)(2)
shall be available for obligation only in such amounts as may be equal
to the total amounts of gifts, bequests, devises of money, and other
property accepted by the chairman or by grantees of the National
Endowment for the Humanities under the provisions of sections
11(a)(2)(B) and 11(a)(3)(B) during the current and preceding fiscal
years for which equal amounts have not previously been appropriated.
Administrative Provisions
None of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used to process any grant or contract
documents which do not include the text of 18 U.S.C. 1913: Provided,
That none of the funds appropriated to the National Foundation on the
Arts and the Humanities may be used for official
[[Page 131 STAT. 492]]
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve grants of
up to $10,000, if in the aggregate the amount of such grants does not
exceed 5 percent of the sums appropriated for grantmaking purposes per
year: Provided further, That such small grant actions are taken
pursuant to the terms of an expressed and direct delegation of authority
from the National Council on the Arts to the Chairperson.
Commission of Fine Arts
salaries and expenses
For expenses of the Commission of Fine Arts under chapter 91 of
title 40, United States Code, $2,762,000:
Provided, <<NOTE: Fees.>> That the Commission is authorized to charge
fees to cover the full costs of its publications, and such fees shall be
credited to this account as an offsetting collection, to remain
available until expended without further appropriation: Provided
further, That the Commission is authorized to accept gifts, including
objects, papers, artwork, drawings and artifacts, that pertain to the
history and design of the Nation's Capital or the history and activities
of the Commission of Fine Arts, for the purpose of artistic display,
study or education: Provided further, That one-tenth of one percent of
the funds provided under this heading may be used for official reception
and representation expenses.
national capital arts and cultural affairs
For necessary expenses as authorized by Public Law 99-190 (20 U.S.C.
956a), $2,000,000.
Advisory Council on Historic Preservation
salaries and expenses
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89-665), $6,493,000.
National Capital Planning Commission
salaries and expenses
For necessary expenses of the National Capital Planning Commission
under chapter 87 of title 40, United States Code, including services as
authorized by 5 U.S.C. 3109, $8,099,000: Provided, That one-quarter of
1 percent of the funds provided under this heading may be used for
official reception and representational expenses associated with hosting
international visitors engaged in the planning and physical development
of world capitals.
United States Holocaust Memorial Museum
holocaust memorial museum
For expenses of the Holocaust Memorial Museum, as authorized by
Public Law 106-292 (36 U.S.C. 2301-2310), $57,000,000, of
[[Page 131 STAT. 493]]
which $1,215,000 shall remain available until September 30, 2019, for
the Museum's equipment replacement program; and of which $2,500,000 for
the Museum's repair and rehabilitation program and $1,264,000 for the
Museum's outreach initiatives program shall remain available until
expended.
Dwight D. Eisenhower Memorial Commission
salaries and expenses
For necessary expenses, including the costs of construction design,
of the Dwight D. Eisenhower Memorial Commission, $1,600,000, to remain
available until expended.
capital construction
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor of Dwight
D. Eisenhower, as authorized by Public Law 106-79, $45,000,000, to
remain available until expended: Provided, That the contract with
respect to the procurement shall contain the ``availability of funds''
clause described in section 52.232.18 of title 48, Code of Federal
Regulations: Provided further, That the funds appropriated herein shall
be deemed to satisfy the criteria for issuing a permit contained in 40
U.S.C. 8906(a)(4) and (b).
Women's Suffrage Centennial Commission
salaries and expenses
For necessary expenses of the Women's Suffrage Centennial
Commission, as authorized by this Act, $2,000,000, to remain available
until expended.
TITLE IV
GENERAL PROVISIONS
(including transfers of funds)
restriction on use of funds
Sec. 401. <<NOTE: Lobbying.>> No part of any appropriation
contained in this Act shall be available for any activity or the
publication or distribution of literature that in any way tends to
promote public support or opposition to any legislative proposal on
which Congressional action is not complete other than to communicate to
Members of Congress as described in 18 U.S.C. 1913.
obligation of appropriations
Sec. 402. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
[[Page 131 STAT. 494]]
disclosure of administrative expenses
Sec. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund and
cost pool charges, from programs, projects, activities and subactivities
to support government-wide, departmental, agency, or bureau
administrative functions or headquarters, regional, or central
operations shall be presented in annual budget justifications and
subject to approval by the Committees on Appropriations of the House of
Representatives and the Senate. Changes to such estimates shall be
presented to the Committees on Appropriations for approval.
mining applications
Sec. 404. (a) Limitation of Funds.--None of the funds appropriated
or otherwise made available pursuant to this Act shall be obligated or
expended to accept or process applications for a patent for any mining
or mill site claim located under the general mining laws.
(b) <<NOTE: Determination.>> Exceptions.--Subsection (a) shall not
apply if the Secretary of the Interior determines that, for the claim
concerned (1) a patent application was filed with the Secretary on or
before September 30, 1994; and (2) all requirements established under
sections 2325 and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for
vein or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section 2337
of the Revised Statutes (30 U.S.C. 42) for mill site claims, as the case
may be, were fully complied with by the applicant by that date.
(c) <<NOTE: Effective date.>> Report.--On September 30, 2018, the
Secretary of the Interior shall file with the House and Senate
Committees on Appropriations and the Committee on Natural Resources of
the House and the Committee on Energy and Natural Resources of the
Senate a report on actions taken by the Department under the plan
submitted pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law 104-208).
(d) <<NOTE: Contracts.>> Mineral Examinations.--In order to process
patent applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow the
applicant to fund a qualified third-party contractor to be selected by
the Director of the Bureau of Land Management to conduct a mineral
examination of the mining claims or mill sites contained in a patent
application as set forth in subsection (b). The Bureau of Land
Management shall have the sole responsibility to choose and pay the
third-party contractor in accordance with the standard procedures
employed by the Bureau of Land Management in the retention of third-
party contractors.
contract support costs, prior year limitation
Sec. 405. <<NOTE: Continuance.>> Sections 405 and 406 of division F
of the Consolidated and Further Continuing Appropriations Act, 2015
(Public Law 113-235) shall continue in effect in fiscal year 2017.
[[Page 131 STAT. 495]]
contract support costs, fiscal year 2017 limitation
Sec. 406. Amounts provided by this Act for fiscal year 2017 under
the headings ``Department of Health and Human Services, Indian Health
Service, Contract Support Costs'' and ``Department of the Interior,
Bureau of Indian Affairs and Bureau of Indian Education, Contract
Support Costs'' are the only amounts available for contract support
costs arising out of self-determination or self-governance contracts,
grants, compacts, or annual funding agreements for fiscal year 2017 with
the Bureau of Indian Affairs or the Indian Health Service: Provided,
That such amounts provided by this Act are not available for payment of
claims for contract support costs for prior years, or for repayments of
payments for settlements or judgments awarding contract support costs
for prior years.
forest management plans
Sec. 407. <<NOTE: 16 USC 1604 note.>> The Secretary of Agriculture
shall not be considered to be in violation of subparagraph 6(f)(5)(A) of
the Forest and Rangeland Renewable Resources Planning Act of 1974 (16
U.S.C. 1604(f)(5)(A)) solely because more than 15 years have passed
without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other requirement
of the Forest and Rangeland Renewable Resources Planning Act (16 U.S.C.
1600 et seq.) or any other law: Provided, That if the Secretary is not
acting expeditiously and in good faith, within the funding available, to
revise a plan for a unit of the National Forest System, this section
shall be void with respect to such plan and a court of proper
jurisdiction may order completion of the plan on an accelerated basis.
prohibition within national monuments
Sec. 408. No funds provided in this Act may be expended to conduct
preleasing, leasing and related activities under either the Mineral
Leasing Act (30 U.S.C. 181 et seq.) or the Outer Continental Shelf Lands
Act (43 U.S.C. 1331 et seq.) within the boundaries of a National
Monument established pursuant to the Act of June 8, 1906 (16 U.S.C. 431
et seq.) as such boundary existed on January 20, 2001, except where such
activities are allowed under the Presidential proclamation establishing
such monument.
limitation on takings
Sec. 409. Unless otherwise provided herein, no funds appropriated
in this Act for the acquisition of lands or interests in lands may be
expended for the filing of declarations of taking or complaints in
condemnation without the approval of the House and Senate Committees on
Appropriations: Provided, That this provision shall not apply to funds
appropriated to implement the Everglades National Park Protection and
Expansion Act of 1989, or to funds appropriated for Federal assistance
to the State of Florida to acquire lands for Everglades restoration
purposes.
[[Page 131 STAT. 496]]
timber sale requirements
Sec. 410. <<NOTE: Alaska.>> No timber sale in Alaska's Region 10
shall be advertised if the indicated rate is deficit (defined as the
value of the timber is not sufficient to cover all logging and stumpage
costs and provide a normal profit and risk allowance under the Forest
Service's appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which is
surplus to the needs of the domestic processors in Alaska, shall be made
available to domestic processors in the contiguous 48 United States at
prevailing domestic prices. All additional western red cedar volume not
sold to Alaska or contiguous 48 United States domestic processors may be
exported to foreign markets at the election of the timber sale holder.
All Alaska yellow cedar may be sold at prevailing export prices at the
election of the timber sale holder.
prohibition on no-bid contracts
Sec. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used to enter
into any Federal contract unless such contract is entered into in
accordance with the requirements of Chapter 33 of title 41, United
States Code, or Chapter 137 of title 10, United States Code, and the
Federal Acquisition Regulation, unless--
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian
tribes; or
(2) such contract is authorized by the Indian Self-
Determination and Education Assistance Act (Public Law 93-638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment
of this Act.
posting of reports
Sec. 412. (a) Any agency receiving funds made available in this Act,
shall, subject to subsections (b) and (c), post on the public website of
that agency any report required to be submitted by the Congress in this
or any other Act, upon the determination by the head of the agency that
it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if--
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) <<NOTE: Time period.>> The head of the agency posting such
report shall do so only after such report has been made available to the
requesting Committee or Committees of Congress for no less than 45 days.
national endowment for the arts grant guidelines
Sec. 413. Of the funds provided to the National Endowment for the
Arts--
[[Page 131 STAT. 497]]
(1) <<NOTE: Grants.>> The Chairperson shall only award a
grant to an individual if such grant is awarded to such
individual for a literature fellowship, National Heritage
Fellowship, or American Jazz Masters Fellowship.
(2) <<NOTE: Procedures.>> The Chairperson shall establish
procedures to ensure that no funding provided through a grant,
except a grant made to a State or local arts agency, or regional
group, may be used to make a grant to any other organization or
individual to conduct activity independent of the direct grant
recipient. Nothing in this subsection shall prohibit payments
made in exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the
season, including identified programs or projects.
national endowment for the arts program priorities
Sec. 414. (a) In providing services or awarding financial assistance
under the National Foundation on the Arts and the Humanities Act of 1965
from funds appropriated under this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that serve underserved populations.
(b) <<NOTE: Definitions.>> In this section:
(1) The term ``underserved population'' means a population
of individuals, including urban minorities, who have
historically been outside the purview of arts and humanities
programs due to factors such as a high incidence of income below
the poverty line or to geographic isolation.
(2) The term ``poverty line'' means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to a
family of the size involved.
(c) In providing services and awarding financial assistance under
the National Foundation on the Arts and Humanities Act of 1965 with
funds appropriated by this Act, the Chairperson of the National
Endowment for the Arts shall ensure that priority is given to providing
services or awarding financial assistance for projects, productions,
workshops, or programs that will encourage public knowledge, education,
understanding, and appreciation of the arts.
(d) <<NOTE: Grants. State and local governments.>> With funds
appropriated by this Act to carry out section 5 of the National
Foundation on the Arts and Humanities Act of 1965--
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several
States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) <<NOTE: Reports. Deadline.>> the Chairperson shall
report to the Congress annually and by State, on grants awarded
by the Chairperson in each grant category under section 5 of
such Act; and
[[Page 131 STAT. 498]]
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
status of balances of appropriations
Sec. 415. <<NOTE: Reports. Deadline.>> The Department of the
Interior, the Environmental Protection Agency, the Forest Service, and
the Indian Health Service shall provide the Committees on Appropriations
of the House of Representatives and Senate quarterly reports on the
status of balances of appropriations including all uncommitted,
committed, and unobligated funds in each program and activity.
report on use of climate change funds
Sec. 416. <<NOTE: President. Time period.>> Not later than 120 days
after the date on which the President's fiscal year 2018 budget request
is submitted to the Congress, the President shall submit a comprehensive
report to the Committees on Appropriations of the House of
Representatives and the Senate describing in detail all Federal agency
funding, domestic and international, for climate change programs,
projects, and activities in fiscal years 2016 and 2017, including an
accounting of funding by agency with each agency identifying climate
change programs, projects, and activities and associated costs by line
item as presented in the President's Budget Appendix, and including
citations and linkages where practicable to each strategic plan that is
driving funding within each climate change program, project, and
activity listed in the report.
prohibition on use of funds
Sec. 417. Notwithstanding any other provision of law, none of the
funds made available in this Act or any other Act may be used to
promulgate or implement any regulation requiring the issuance of permits
under title V of the Clean Air Act (42 U.S.C. 7661 et seq.) for carbon
dioxide, nitrous oxide, water vapor, or methane emissions resulting from
biological processes associated with livestock production.
greenhouse gas reporting restrictions
Sec. 418. Notwithstanding any other provision of law, none of the
funds made available in this or any other Act may be used to implement
any provision in a rule, if that provision requires mandatory reporting
of greenhouse gas emissions from manure management systems.
modification of authorities
Sec. 419. Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106-79) is
amended by striking ``September 30, 2016'' and inserting ``September 30,
2017''.
funding prohibition
Sec. 420. None of the funds made available by this or any other Act
may be used to regulate the lead content of ammunition,
[[Page 131 STAT. 499]]
ammunition components, or fishing tackle under the Toxic Substances
Control Act (15 U.S.C. 2601 et seq.) or any other law.
extension of grazing permits
Sec. 421. The terms and conditions of section 325 of Public Law
108-108 (117 Stat. 1307), regarding grazing permits issued by the Forest
Service on any lands not subject to administration under section 402 of
the Federal Lands Policy and Management Act (43 U.S.C. 1752), shall
remain in effect for fiscal year 2017.
stewardship contracting amendments
Sec. 422. Section 604(d) of the Healthy Forest Restoration Act of
2003 (16 U.S.C. 6591c(d)), as amended by the Agricultural Act of 2014
(Public Law 113-79), is further amended--
(1) in paragraph (5), by adding at the end the following:
``Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)),
the Director may enter into an agreement or contract under
subsection (b).''; and
(2) in paragraph (7), by striking ``and the Director''.
funding prohibition
Sec. 423. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network is designed to block access to pornography
websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
clarification of exemptions
Sec. 424. None of the funds made available in this Act may be used
to require a permit for the discharge of dredged or fill material under
the Federal Water Pollution Control Act (33 U.S.C. 1251, et seq.) for
the activities identified in subparagraphs (A) and (C) of section
404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A), (C)).
use of american iron and steel
Sec. 425. (a)(1) None of the funds made available by a State water
pollution control revolving fund as authorized by section 1452 of the
Safe Drinking Water Act (42 U.S.C. 300j-12) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water system or treatment works unless all of the iron and steel
products used in the project are produced in the United States.
(2) <<NOTE: Definitions.>> In this section, the term ``iron and
steel'' products means the following products made primarily of iron or
steel: lined or unlined pipes and fittings, manhole covers and other
municipal castings, hydrants, tanks, flanges, pipe clamps and
restraints, valves, structural steel, reinforced precast concrete, and
construction materials.
(b) Subsection (a) shall not apply in any case or category of cases
in which the Administrator of the Environmental Protection
[[Page 131 STAT. 500]]
Agency (in this section referred to as the ``Administrator'') finds
that--
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) <<NOTE: Waiver request. Public information. Records. Time
period.>> If the Administrator receives a request for a waiver under
this section, the Administrator shall make available to the public on an
informal basis a copy of the request and information available to the
Administrator concerning the request, and shall allow for informal
public input on the request for at least 15 days prior to making a
finding based on the request. <<NOTE: Web site.>> The Administrator
shall make the request and accompanying information available by
electronic means, including on the official public Internet Web site of
the Environmental Protection Agency.
(d) <<NOTE: Applicability.>> This section shall be applied in a
manner consistent with United States obligations under international
agreements.
(e) The Administrator may retain up to 0.25 percent of the funds
appropriated in this Act for the Clean and Drinking Water State
Revolving Funds for carrying out the provisions described in subsection
(a)(1) for management and oversight of the requirements of this section.
national gallery of art
Sec. 426. Section 6301(2) of title 40, United States Code, is
amended--
(1) in the matter preceding subparagraph (A), by striking
``The National Gallery of Art'' and inserting ``(A) The National
Gallery of Art'';
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(3) by adding at the end the following new subparagraph:
``(B) All other buildings, service roads, walks, and other areas
within the exterior boundaries of any real estate or land or
interest in land (including temporary use) that the National
Gallery of Art acquires and that the Director of the National
Gallery of Art determines to be necessary for the adequate
protection of individuals or property in the National Gallery of
Art and suitable for administration as a part of the National
Gallery of Art.''.
midway island
Sec. 427. None of the funds made available by this Act may be used
to destroy any buildings or structures on Midway Island that have been
recommended by the United States Navy for inclusion in the National
Register of Historic Places (54 U.S.C. 302101).
policies relating to biomass energy
Sec. 428. To support the key role that forests in the United States
can play in addressing the energy needs of the United States, the
Secretary of Energy, the Secretary of Agriculture, and
[[Page 131 STAT. 501]]
the Administrator of the Environmental Protection Agency shall,
consistent with their missions, jointly--
(1) ensure that Federal policy relating to forest
bioenergy--
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of
forest biomass for energy, conservation, and responsible
forest management; and
(2) establish clear and simple policies for the use of
forest biomass as an energy solution, including policies that--
(A) reflect the carbon-neutrality of forest
bioenergy and recognize biomass as a renewable energy
source, provided the use of forest biomass for energy
production does not cause conversion of forests to non-
forest use.
(B) encourage private investment throughout the
forest biomass supply chain, including in--
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use
forest biomass.
john f. kennedy center reauthorization
Sec. 429. Section 13 of the John F. Kennedy Center Act (20 U.S.C.
76r) is amended by striking subsections (a) and (b) and inserting the
following:
``(a) Maintenance, Repair, and Security.--There is authorized to be
appropriated to the Board to carry out section 4(a)(1)(H), $22,260,000
for fiscal year 2017.
``(b) Capital Projects.--There is authorized to be appropriated to
the Board to carry out subparagraphs (F) and (G) of section 4(a)(1),
$14,140,000 for fiscal year 2017.''.
boundary adjustment, bob marshall wilderness, helena-lewis and clark
national forest
Sec. 430. <<NOTE: 16 USC 1132 note.>> The boundary of the Patrick's
Basin Addition to the Bob Marshall Wilderness designated by section
3065(c)(1)(A) of the ``Carl Levin and Howard P. `Buck' McKeon National
Defense Authorization Act for Fiscal Year 2015'' (Public Law 113-291;
128 Stat. 3835) is modified to exclude approximately 603 acres of land
as generally depicted as items 1 and 2 on the map entitled ``Patrick's
Basin Addition to the Bob Marshall Wilderness--Kenck Cabin and South
Fork Sun River Packbridge Adjustments'' and dated April 21, 2016, which
shall be on file and available for public inspection in the appropriate
offices of the Forest Service. The lands excluded from the wilderness
shall be added to and administered as part of the Rocky Mountain Front
Conservation Management Area established in section 3065(b).
[[Page 131 STAT. 502]]
incorporation by reference
Sec. 431. (a) The provisions of the following bills of the 115th
Congress are hereby enacted into law:
(1) <<NOTE: 16 USC 460iii note.>> H.R. 2104 (the Morley
Nelson Snake River Birds of Prey National Conservation Area
Boundary Modification Act of 2017), as introduced on April 20,
2017.
(2) <<NOTE: 16 USC 460iii-4 note.>> S. 131 (the Alaska
Mental Health Trust Land Exchange Act of 2017), as ordered to be
reported on March 30, 2017, by the Committee on Energy and
Natural Resources of the Senate.
(3) <<NOTE: 31 USC 101 note prec.>> S. 847 (the Women's
Suffrage Centennial Commission Act), as introduced on April 5,
2017.
*(b) <<NOTE: Publication. 1 USC 112 note.>> In publishing this Act in
slip form and in the United
States Statutes at Large pursuant to section 112 of title 1, United
States Code, the Archivist of the United States shall include after the
date of approval at the end an appendix setting forth the text of the
bills referred to in subsection (a).
This division may be cited as the ``Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2017''.
DIVISION H--DEPARTMENTS <<NOTE: Departments of Labor, Health and Human
Services, and Education, and Related Agencies Appropriations Act,
2017. Department of Labor Appropriations Act, 2017.>> OF LABOR, HEALTH
AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2017
TITLE I
DEPARTMENT OF LABOR
Employment and Training Administration
training and employment services <<NOTE: Grants. State and local
governments. Time periods.>>
For necessary expenses of the Workforce Innovation and Opportunity
Act (referred to in this Act as ``WIOA''), the Second Chance Act of
2007, and the National Apprenticeship Act, $3,338,699,000, plus
reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,709,832,000 as follows:
(A) $815,556,000 for adult employment and training
activities, of which $103,556,000 shall be available for
the period July 1, 2017 through June 30, 2018, and of
which $712,000,000 shall be available for the period
October 1, 2017 through June 30, 2018;
(B) $873,416,000 for youth activities, which shall
be available for the period April 1, 2017 through June
30, 2018; and
(C) $1,020,860,000 for dislocated worker employment
and training activities, of which $160,860,000 shall be
available for the period July 1, 2017 through June 30,
2018, and of which $860,000,000 shall be available for
the period October 1, 2017 through June 30, 2018:
Provided, That pursuant to section 128(a)(1) of the WIOA, the
amount available to the Governor for statewide workforce
investment activities shall not exceed 15 percent of the amount
allotted to the State from each of the appropriations under the
preceding subparagraphs: Provided further, That the funds
__________
*See Endnote on 131 Stat. 842.
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[[Page 131 STAT. 503]]
available for allotment to outlying areas to carry out subtitle
B of title I of the WIOA shall not be subject to the
requirements of section 127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $628,867,000 as follows:
(A) $220,859,000 for the dislocated workers
assistance national reserve, of which $20,859,000 shall
be available for the period July 1, 2017 through
September 30, 2018, and of which $200,000,000 shall be
available for the period October 1, 2017 through
September 30, 2018: Provided, That funds provided to
carry out section 132(a)(2)(A) of the WIOA may be used
to provide assistance to a State for statewide or local
use in order to address cases where there have been
worker dislocations across multiple sectors or across
multiple local areas and such workers remain dislocated;
coordinate the State workforce development plan with
emerging economic development needs; and train such
eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c)
of the WIOA may be used for technical assistance and
demonstration projects, respectively, that provide
assistance to new entrants in the workforce and
incumbent workers: Provided further, That
notwithstanding section 168(b) of the WIOA, of the funds
provided under this subparagraph, the Secretary of Labor
(referred to in this title as ``Secretary'') may reserve
not more than 10 percent of such funds to provide
technical assistance and carry out additional activities
related to the transition to the WIOA: Provided
further, That, of the funds provided under this
subparagraph, $20,000,000 shall be made available for
applications submitted in accordance with section 170 of
the WIOA for training and employment assistance for
workers dislocated from coal mines and coal-fired power
plants;
(B) $50,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2017 through June 30, 2018;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$75,885,000 for formula grants (of which not less than
70 percent shall be for employment and training
services), $5,517,000 for migrant and seasonal housing
(of which not less than 70 percent shall be for
permanent housing), and $494,000 for other discretionary
purposes, which shall be available for the period July
1, 2017 through June 30, 2018: Provided, That
notwithstanding any other provision of law or related
regulation, the Department of Labor shall take no action
limiting the number or proportion of eligible
participants receiving related assistance services or
discouraging grantees from providing such services;
(D) $84,534,000 for YouthBuild activities as
described in section 171 of the WIOA, which shall be
available for the period April 1, 2017 through June 30,
2018;
(E) $2,500,000 for technical assistance activities
under section 168 of the WIOA, which shall be available
for the period July 1, 2017 through June 30, 2018;
(F) $88,078,000 for ex-offender activities, under
the authority of section 169 of the WIOA and section 212
[[Page 131 STAT. 504]]
of the Second Chance Act of 2007, which shall be
available for the period April 1, 2017 through June 30,
2018: Provided, That of this amount, $25,000,000 shall
be for competitive grants to national and regional
intermediaries for activities that prepare young ex-
offenders and school dropouts for employment, with a
priority for projects serving high-crime, high-poverty
areas;
(G) $6,000,000 for the Workforce Data Quality
Initiative, under the authority of section 169 of the
WIOA, which shall be available for the period July 1,
2017 through June 30, 2018; and
(H) $95,000,000 to expand opportunities relating to
apprenticeship programs registered under the National
Apprenticeship Act, to be available to the Secretary to
carry out activities through grants, cooperative
agreements, contracts and other arrangements, with
States and other appropriate entities, which shall be
available for the period April 1, 2017 through June 30,
2018.
job corps
(including transfer of funds)
To <<NOTE: Reimbursements. Time periods.>> carry out subtitle C of
title I of the WIOA, including Federal administrative expenses, the
purchase and hire of passenger motor vehicles, the construction,
alteration, and repairs of buildings and other facilities, and the
purchase of real property for training centers as authorized by the
WIOA, $1,704,155,000, plus reimbursements, as follows:
(1) $1,587,325,000 for Job Corps Operations, which shall be
available for the period July 1, 2017 through June 30, 2018;
(2) $84,500,000 for construction, rehabilitation and
acquisition of Job Corps Centers, which shall be available for
the period July 1, 2017 through June 30, 2020, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up to
15 percent of such funds to meet the operational needs of such
centers or to achieve administrative efficiencies: Provided
further, <<NOTE: Termination date.>> That any funds transferred
pursuant to the preceding proviso shall not be available for
obligation after June 30, 2018: Provided
further, <<NOTE: Notification. Deadline.>> That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2016
through September 30, 2017:
Provided, That no funds from any other appropriation shall be used to
provide meal services at or for Job Corps centers.
community service employment for older americans
To <<NOTE: Time period.>> carry out title V of the Older Americans
Act of 1965 (referred to in this Act as ``OAA''), $400,000,000, which
shall be available for the period April 1, 2017 through June 30, 2018,
and may be recaptured and reobligated in accordance with section 517(c)
of the OAA.
[[Page 131 STAT. 505]]
federal unemployment benefits and allowances
For payments during fiscal year 2017 of trade adjustment benefit
payments and allowances under part I of subchapter B of chapter 2 of
title II of the Trade Act of 1974, and section 246 of that Act; and for
training, employment and case management services, allowances for job
search and relocation, and related State administrative expenses under
part II of subchapter B of chapter 2 of title II of the Trade Act of
1974, and including benefit payments, allowances, training, employment
and case management services, and related State administration provided
pursuant to section 231(a) of the Trade Adjustment Assistance Extension
Act of 2011 and section 405(a) of the Trade Preferences Extension Act of
2015, $849,000,000 together with such amounts as may be necessary to be
charged to the subsequent appropriation for payments for any period
subsequent to September 15, 2017: Provided, That notwithstanding
section 502 of this Act, any part of the appropriation provided under
this heading may remain available for obligation beyond the current
fiscal year pursuant to the authorities of section 245(c) of the Trade
Act of 1974 (19 U.S.C. 2317(c)).
state unemployment insurance and employment service operations
For authorized administrative expenses, $89,066,000, together with
not to exceed $3,434,625,000 which may be expended from the Employment
Security Administration Account in the Unemployment Trust Fund (``the
Trust Fund''), of which:
(1) $2,687,600,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $115,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide reemployment
services and referrals to training as appropriate, for claimants
of unemployment insurance for ex-service members under 5 U.S.C.
8521 et. seq. and for claimants of regular unemployment
compensation, including those who are profiled as most likely to
exhaust their benefits in each State, and $5,500,000 for
continued support of the Unemployment Insurance Integrity Center
of Excellence), the administration of unemployment insurance for
Federal employees and for ex-service members as authorized under
5 U.S.C. 8501-8523, and the administration of trade readjustment
allowances, reemployment trade adjustment assistance, and
alternative trade adjustment assistance under the Trade Act of
1974 and under section 231(a) of the Trade Adjustment Assistance
Extension Act of 2011 and section 405(a) of the Trade
Preferences Extension Act of 2015, and shall be available for
obligation by the States through December 31, 2017, except that
funds used for automation shall be available for Federal
obligation through December 31, 2017, and for State obligation
through September 30, 2019, or, if the automation is being
carried out through consortia of States, for State obligation
through September 30, 2022, and for expenditure through
September 30, 2023, and funds for competitive grants awarded to
States for improved operations and to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment
[[Page 131 STAT. 506]]
reviews and provide reemployment services and referrals to
training, as appropriate, shall be available for Federal
obligation through December 31, 2017, and for obligation by the
States through September 30, 2019, and funds for the
Unemployment Insurance Integrity Center of Excellence shall be
available for obligation by the State through September 30,
2018, and funds used for unemployment insurance workloads
experienced by the States through September 30, 2017 shall be
available for Federal obligation through December 31, 2017;
(2) $14,897,000 from the Trust Fund is for national
activities necessary to support the administration of the
Federal-State unemployment insurance system;
(3) <<NOTE: Time period.>> $650,000,000 from the Trust Fund,
together with $21,413,000 from the General Fund of the Treasury,
is for grants to States in accordance with section 6 of the
Wagner-Peyser Act, and shall be available for Federal obligation
for the period July 1, 2017 through June 30, 2018;
(4) $19,818,000 from the Trust Fund is for national
activities of the Employment Service, including administration
of the work opportunity tax credit under section 51 of the
Internal Revenue Code of 1986, and the provision of technical
assistance and staff training under the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the
administration of foreign labor certifications and related
activities under the Immigration and Nationality Act and related
laws, of which $48,028,000 shall be available for the Federal
administration of such activities, and $14,282,000 shall be
available for grants to States for the administration of such
activities; and
(6) <<NOTE: Time period.>> $67,653,000 from the General Fund
is to provide workforce information, national electronic tools,
and one-stop system building under the Wagner-Peyser Act and
shall be available for Federal obligation for the period July 1,
2017 through June 30, 2018:
Provided, That to the extent that the Average Weekly Insured
Unemployment (``AWIU'') for fiscal year 2017 is projected by the
Department of Labor to exceed 2,453,000, an additional $28,600,000 from
the Trust Fund shall be available for obligation for every 100,000
increase in the AWIU level (including a pro rata amount for any
increment less than 100,000) to carry out title III of the Social
Security Act: Provided further, That funds appropriated in this Act
that are allotted to a State to carry out activities under title III of
the Social Security Act may be used by such State to assist other States
in carrying out activities under such title III if the other States
include areas that have suffered a major disaster declared by the
President under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act: Provided further, That the Secretary may use funds
appropriated for grants to States under title III of the Social Security
Act to make payments on behalf of States for the use of the National
Directory of New Hires under section 453(j)(8) of such Act: Provided
further, That the Secretary may use funds appropriated for grants to
States under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in this Act
which are used to establish a national one-stop career center system, or
which are used to support the national activities
[[Page 131 STAT. 507]]
of the Federal-State unemployment insurance, employment service, or
immigration programs, may be obligated in contracts, grants, or
agreements with States and non-State entities: Provided further, That
States awarded competitive grants for improved operations under title
III of the Social Security Act, or awarded grants to support the
national activities of the Federal-State unemployment insurance system,
may award subgrants to other States and non-State entities under such
grants, subject to the conditions applicable to the grants: Provided
further, That funds appropriated under this Act for activities
authorized under title III of the Social Security Act and the Wagner-
Peyser Act may be used by States to fund integrated Unemployment
Insurance and Employment Service automation efforts, notwithstanding
cost allocation principles prescribed under the final rule entitled
``Uniform Administrative Requirements, Cost Principles, and Audit
Requirements for Federal Awards'' at part 200 of title 2, Code of
Federal Regulations: Provided further, That the Secretary, at the
request of a State participating in a consortium with other States, may
reallot funds allotted to such State under title III of the Social
Security Act to other States participating in the consortium in order to
carry out activities that benefit the administration of the unemployment
compensation law of the State making the request: Provided further,
That the Secretary may collect fees for the costs associated with
additional data collection, analyses, and reporting services relating to
the National Agricultural Workers Survey requested by State and local
governments, public and private institutions of higher education, and
nonprofit organizations and may utilize such sums, in accordance with
the provisions of 29 U.S.C. 9a, for the National Agricultural Workers
Survey infrastructure, methodology, and data to meet the information
collection and reporting needs of such entities, which shall be credited
to this appropriation and shall remain available until September 30,
2018, for such purposes.
advances to the unemployment trust fund and other funds
For repayable advances to the Unemployment Trust Fund as authorized
by sections 905(d) and 1203 of the Social Security Act, and to the Black
Lung Disability Trust Fund as authorized by section 9501(c)(1) of the
Internal Revenue Code of 1986; and for nonrepayable advances to the
revolving fund established by section 901(e) of the Social Security Act,
to the Unemployment Trust Fund as authorized by 5 U.S.C. 8509, and to
the ``Federal Unemployment Benefits and Allowances'' account, such sums
as may be necessary, which shall be available for obligation through
September 30, 2018.
program administration
For expenses of administering employment and training programs,
$108,674,000, together with not to exceed $49,982,000 which may be
expended from the Employment Security Administration Account in the
Unemployment Trust Fund.
Employee Benefits Security Administration
salaries and expenses
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000.
[[Page 131 STAT. 508]]
Pension Benefit Guaranty Corporation
pension benefit guaranty corporation fund
The <<NOTE: Contracts.>> Pension Benefit Guaranty Corporation
(``Corporation'') is authorized to make such expenditures, including
financial assistance authorized by subtitle E of title IV of the
Employee Retirement Income Security Act of 1974, within limits of funds
and borrowing authority available to the Corporation, and in accord with
law, and to make such contracts and commitments without regard to fiscal
year limitations, as provided by 31 U.S.C. 9104, as may be necessary in
carrying out the program, including associated administrative expenses,
through September 30, 2017, for the Corporation: Provided, That none of
the funds available to the Corporation for fiscal year 2017 shall be
available for obligations for administrative expenses in excess of
$421,006,000: Provided further, That an amount not to exceed an
additional $98,500,000 shall be available through September 30, 2021,
for costs associated with the acquisition, occupancy, and related costs
of headquarters space: Provided further, That to the extent that the
number of new plan participants in plans terminated by the Corporation
exceeds 100,000 in fiscal year 2017, an amount not to exceed an
additional $9,200,000 shall be available through September 30, 2018, for
obligation for administrative expenses for every 20,000 additional
terminated participants: Provided further, <<NOTE: Notification.>> That
obligations in excess of the amounts provided in this paragraph may be
incurred for unforeseen and extraordinary pretermination expenses or
extraordinary multiemployer program related expenses after approval by
the Office of Management and Budget and notification of the Committees
on Appropriations of the House of Representatives and the Senate.
Wage and Hour Division
salaries and expenses
For necessary expenses for the Wage and Hour Division, including
reimbursement to State, Federal, and local agencies and their employees
for inspection services rendered, $227,500,000.
Office of Labor-Management Standards
salaries and expenses
For necessary expenses for the Office of Labor-Management Standards,
$38,187,000.
Office of Federal Contract Compliance Programs
salaries and expenses
For necessary expenses for the Office of Federal Contract Compliance
Programs, $104,476,000.
[[Page 131 STAT. 509]]
Office of Workers' Compensation Programs
salaries and expenses
For necessary expenses for the Office of Workers' Compensation
Programs, $115,424,000, together with $2,177,000 which may be expended
from the Special Fund in accordance with sections 39(c), 44(d), and
44(j) of the Longshore and Harbor Workers' Compensation Act.
special benefits
(including transfer of funds)
For the payment of compensation, benefits, and expenses (except
administrative expenses) accruing during the current or any prior fiscal
year authorized by 5 U.S.C. 81; continuation of benefits as provided for
under the heading ``Civilian War Benefits'' in the Federal Security
Agency Appropriation Act, 1947; the Employees' Compensation Commission
Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C.
App. 2004); obligations incurred under the War Hazards Compensation Act
(42 U.S.C. 1701 et seq.); and 50 percent of the additional compensation
and benefits required by section 10(h) of the Longshore and Harbor
Workers' Compensation Act, $220,000,000, together with such amounts as
may be necessary to be charged to the subsequent year appropriation for
the payment of compensation and other benefits for any period subsequent
to August 15 of the current year, for deposit into and to assume the
attributes of the Employees' Compensation Fund established under 5
U.S.C. 8147(a): Provided, That amounts appropriated may be used under 5
U.S.C. 8104 by the Secretary to reimburse an employer, who is not the
employer at the time of injury, for portions of the salary of a re-
employed, disabled beneficiary: Provided further, That balances of
reimbursements unobligated on September 30, 2016, shall remain available
until expended for the payment of compensation, benefits, and expenses:
Provided further, That in addition there shall be transferred to this
appropriation from the Postal Service and from any other corporation or
instrumentality required under 5 U.S.C. 8147(c) to pay an amount for its
fair share of the cost of administration, such sums as the Secretary
determines to be the cost of administration for employees of such fair
share entities through September 30, 2017: Provided further, That of
those funds transferred to this account from the fair share entities to
pay the cost of administration of the Federal Employees' Compensation
Act, $66,675,000 shall be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$22,740,000;
(2) For automated workload processing operations, including
document imaging, centralized mail intake, and medical bill
processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $16,866,000;
(4) For program integrity, $4,101,000; and
(5) The remaining funds shall be paid into the Treasury as
miscellaneous receipts:
[[Page 131 STAT. 510]]
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C. 81, or
the Longshore and Harbor Workers' Compensation Act, provide as part of
such notice and claim, such identifying information (including Social
Security account number) as such regulations may prescribe.
special benefits for disabled coal miners
For carrying out title IV of the Federal Mine Safety and Health Act
of 1977, as amended by Public Law 107-275, $61,319,000, to remain
available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter of
fiscal year 2018, $16,000,000, to remain available until expended.
administrative expenses, energy employees occupational illness
compensation fund
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to remain
available until expended: Provided, That the Secretary may require that
any person filing a claim for benefits under the Act provide as part of
such claim such identifying information (including Social Security
account number) as may be prescribed.
black lung disability trust fund
(including transfer of funds)
Such <<NOTE: 26 USC 9501 note.>> sums as may be necessary from the
Black Lung Disability Trust Fund (the ``Fund''), to remain available
until expended, for payment of all benefits authorized by section
9501(d)(1), (2), (6), and (7) of the Internal Revenue Code of 1986; and
repayment of, and payment of interest on advances, as authorized by
section 9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2017 for expenses of operation
and administration of the Black Lung Benefits program, as authorized by
section 9501(d)(5): not to exceed $38,246,000 for transfer to the Office
of Workers' Compensation Programs, ``Salaries and Expenses''; not to
exceed $31,994,000 for transfer to Departmental Management, ``Salaries
and Expenses''; not to exceed $330,000 for transfer to Departmental
Management, ``Office of Inspector General''; and not to exceed $356,000
for payments into miscellaneous receipts for the expenses of the
Department of the Treasury.
Occupational Safety and Health Administration
salaries and expenses
For necessary expenses for the Occupational Safety and Health
Administration, $552,787,000, including not to exceed $100,850,000 which
shall be the maximum amount available for grants to States under section
23(g) of the Occupational Safety and Health Act (the ``Act''), which
grants shall be no less than 50 percent of the
[[Page 131 STAT. 511]]
costs of State occupational safety and health programs required to be
incurred under plans approved by the Secretary under section 18 of the
Act; and, in addition, notwithstanding 31 U.S.C. 3302, the Occupational
Safety and Health Administration may retain up to $499,000 per fiscal
year of training institute course tuition and fees, otherwise authorized
by law to be collected, and may utilize such sums for occupational
safety and health training and education: Provided, <<NOTE: Time
period. Fees.>> That notwithstanding 31 U.S.C. 3302, the Secretary is
authorized, during the fiscal year ending September 30, 2017, to collect
and retain fees for services provided to Nationally Recognized Testing
Laboratories, and may utilize such sums, in accordance with the
provisions of 29 U.S.C. 9a, to administer national and international
laboratory recognition programs that ensure the safety of equipment and
products used by workers in the workplace: Provided further, That none
of the funds appropriated under this paragraph shall be obligated or
expended to prescribe, issue, administer, or enforce any standard, rule,
regulation, or order under the Act which is applicable to any person who
is engaged in a farming operation which does not maintain a temporary
labor camp and employs 10 or fewer employees: Provided further, That no
funds appropriated under this paragraph shall be obligated or expended
to administer or enforce any standard, rule, regulation, or order under
the Act with respect to any employer of 10 or fewer employees who is
included within a category having a Days Away, Restricted, or
Transferred (``DART'') occupational injury and illness rate, at the most
precise industrial classification code for which such data are
published, less than the national average rate as such rates are most
recently published by the Secretary, acting through the Bureau of Labor
Statistics, in accordance with section 24 of the Act, except--
(1) to provide, as authorized by the Act, consultation,
technical assistance, educational and training services, and to
conduct surveys and studies;
(2) to conduct an inspection or investigation in response to
an employee complaint, to issue a citation for violations found
during such inspection, and to assess a penalty for violations
which are not corrected within a reasonable abatement period and
for any willful violations found;
(3) to take any action authorized by the Act with respect to
imminent dangers;
(4) to take any action authorized by the Act with respect to
health hazards;
(5) to take any action authorized by the Act with respect to
a report of an employment accident which is fatal to one or more
employees or which results in hospitalization of two or more
employees, and to take any action pursuant to such investigation
authorized by the Act; and
(6) to take any action authorized by the Act with respect to
complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to any
person who is engaged in a farming operation which does not maintain a
temporary labor camp and employs 10 or fewer employees: Provided
further, That $10,537,000 shall be available for Susan Harwood training
grants: Provided further, That not less than $3,500,000 shall be for
Voluntary Protection Programs.
[[Page 131 STAT. 512]]
Mine Safety and Health Administration
salaries and expenses
For necessary expenses for the Mine Safety and Health
Administration, $373,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and first-aid
work, and the hire of passenger motor vehicles, including up to
$2,000,000 for mine rescue and recovery activities and not less than
$10,537,000 for State assistance grants: Provided, That amounts
available for State assistance grants may be used for the purchase and
maintenance of new equipment required by the final rule entitled
``Lowering Miners' Exposure to Respirable Coal Mine Dust, Including
Continuous Personal Dust Monitors'' published by the Department of Labor
in the Federal Register on May 1, 2014 (79 Fed. Reg. 24813 et seq.), for
operators that demonstrate financial need as determined by the
Secretary: Provided further, That notwithstanding 31 U.S.C. 3302, not
to exceed $750,000 may be collected by the National Mine Health and
Safety Academy for room, board, tuition, and the sale of training
materials, otherwise authorized by law to be collected, to be available
for mine safety and health education and training activities: Provided
further, <<NOTE: Fees. 30 USC 966 note.>> That notwithstanding 31 U.S.C.
3302, the Mine Safety and Health Administration is authorized to collect
and retain up to $2,499,000 from fees collected for the approval and
certification of equipment, materials, and explosives for use in mines,
and may utilize such sums for such activities: Provided
further, <<NOTE: 30 USC 962.>> That the Secretary is authorized to
accept lands, buildings, equipment, and other contributions from public
and private sources and to prosecute projects in cooperation with other
agencies, Federal, State, or private: Provided further, That the Mine
Safety and Health Administration is authorized to promote health and
safety education and training in the mining community through
cooperative programs with States, industry, and safety associations:
Provided further, That the Secretary is authorized to recognize the
Joseph A. Holmes Safety Association as a principal safety association
and, notwithstanding any other provision of law, may provide funds and,
with or without reimbursement, personnel, including service of Mine
Safety and Health Administration officials as officers in local chapters
or in the national organization: Provided further, That any funds
available to the Department of Labor may be used, with the approval of
the Secretary, to provide for the costs of mine rescue and survival
operations in the event of a major disaster.
Bureau of Labor Statistics
salaries and expenses
For necessary expenses for the Bureau of Labor Statistics, including
advances or reimbursements to State, Federal, and local agencies and
their employees for services rendered, $544,000,000, together with not
to exceed $65,000,000 which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund.
[[Page 131 STAT. 513]]
Office of Disability Employment Policy
salaries and expenses
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and award
grants furthering the objective of eliminating barriers to the training
and employment of people with disabilities, $38,203,000.
Departmental Management
salaries and expenses
(including transfer of funds)
For necessary expenses for Departmental Management, including the
hire of three passenger motor vehicles, $334,536,000, together with not
to exceed $308,000, which may be expended from the Employment Security
Administration account in the Unemployment Trust Fund: Provided, That
$59,825,000 for the Bureau of International Labor Affairs shall be
available for obligation through December 31, 2017: Provided further,
That funds available to the Bureau of International Labor Affairs may be
used to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs, by or
through contracts, grants, subgrants and other arrangements: Provided
further, That not more than $53,825,000 shall be for programs to combat
exploitative child labor internationally and not less than $6,000,000
shall be used to implement model programs that address worker rights
issues through technical assistance in countries with which the United
States has free trade agreements or trade preference programs: Provided
further, That $8,040,000 shall be used for program evaluation and shall
be available for obligation through September 30, 2018: Provided
further, That funds available for program evaluation may be used to
administer grants for the purpose of evaluation: Provided further, That
grants made for the purpose of evaluation shall be awarded through fair
and open competition: Provided further, That funds available for
program evaluation may be transferred to any other appropriate account
in the Department for such purpose: Provided further,
That <<NOTE: Notification. Time period.>> the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer: Provided further,
That the funds available to the Women's Bureau may be used for grants to
serve and promote the interests of women in the workforce: Provided
further, That of the amounts made available to the Women's Bureau,
$994,000 shall be used for grants authorized by the Women in
Apprenticeship and Nontraditional Occupations Act.
veterans employment and training
Not to exceed $234,041,000 may be derived from the Employment
Security Administration account in the Unemployment Trust Fund to carry
out the provisions of chapters 41, 42, and 43 of title 38, United States
Code, of which:
(1) $175,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans' outreach
[[Page 131 STAT. 514]]
program specialists under section 4103A of such title and local
veterans' employment representatives under section 4104(b) of
such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation by the
States through December 31, 2017, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such
funds may be used to support such specialists and
representatives in the provision of services to transitioning
members of the Armed Forces who have participated in the
Transition Assistance Program and have been identified as in
need of intensive services, to members of the Armed Forces who
are wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $14,600,000 is for carrying out the Transition
Assistance Program under 38 U.S.C. 4113 and 10 U.S.C. 1144:
Provided, That, up to $300,000 of such funds may be used to
enter into a cooperative agreement with a State relating to a
mobile application to provide transition assistance to
separating service members, veterans and eligible spouses;
(3) $41,027,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans' Employment and
Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations
provided under paragraphs (1) through (4) above an amount not to exceed
3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury, $45,000,000 is
for carrying out programs to assist homeless veterans and veterans at
risk of homelessness who are transitioning from certain institutions
under sections 2021, 2021A, and 2023 of title 38, United States Code:
Provided, That notwithstanding subsections (c)(3) and (d) of section
2023, the Secretary may award grants through September 30, 2017, to
provide services under such section: Provided further, That services
provided under section 2023 may include, in addition to services to the
individuals described in subsection (e) of such section, services to
veterans recently released from incarceration who are at risk of
homelessness.
it modernization
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $18,778,000, which shall be available through
September 30, 2018.
office of inspector general
For salaries and expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$82,061,000, together with not to exceed $5,660,000 which may be
expended from the Employment Security Administration account in the
Unemployment Trust Fund.
[[Page 131 STAT. 515]]
General Provisions
Sec. 101. None of the funds appropriated by this Act for the Job
Corps shall be used to pay the salary and bonuses of an individual,
either as direct costs or any proration as an indirect cost, at a rate
in excess of Executive Level II.
(transfer of funds)
Sec. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for the
Department of Labor in this Act may be transferred between a program,
project, or activity, but no such program, project, or activity shall be
increased by more than 3 percent by any such transfer: Provided, That
the transfer authority granted by this section shall not be used to
create any new program or to fund any project or activity for which no
funds are provided in this Act: Provided
further, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 103. <<NOTE: Child labor.>> In accordance with Executive Order
13126, none of the funds appropriated or otherwise made available
pursuant to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor in
industries and host countries already identified by the United States
Department of Labor prior to enactment of this Act.
(including rescission)
Sec. 104. Except as otherwise provided in this section, none of the
funds made available to the Department of Labor for grants under section
414(c) of the American Competitiveness and Workforce Improvement Act of
1998 (29 U.S.C. 2916a) may be used for any purpose other than
competitive grants for training individuals who are older than 16 years
of age and are not currently enrolled in school within a local
educational agency in the occupations and industries for which employers
are using H-1B visas to hire foreign workers, and the related activities
necessary to support such training: Provided, That of such funds
available before September 30, 2017 up to $20,000,000 shall be available
for obligation through September 30, 2018 by the Employment and Training
Administration of the Department of Labor to process foreign labor
certifications, including wage determinations and associated tasks and
grants to States, submitted by employers to employ nonimmigrants
described in section 101(a)(15)(H)(ii) of the Immigration and
Nationality Act, to the extent necessary to eliminate backlogs and
delays: Provided further, That of the unobligated funds available under
section 286(s)(2) of the Immigration and Nationality Act (8 U.S.C.
1356(s)(2)), $46,000,000 are permanently rescinded.
Sec. 105. None of the funds made available by this Act under the
heading ``Employment and Training Administration'' shall be used by a
recipient or subrecipient of such funds to pay the salary and bonuses of
an individual, either as direct costs or indirect costs, at a rate in
excess of Executive Level II. This limitation shall not apply to vendors
providing goods and services as defined in Office of Management and
Budget Circular A-133. Where States
[[Page 131 STAT. 516]]
are recipients of such funds, States may establish a lower limit for
salaries and bonuses of those receiving salaries and bonuses from
subrecipients of such funds, taking into account factors including the
relative cost-of-living in the State, the compensation levels for
comparable State or local government employees, and the size of the
organizations that administer Federal programs involved including
Employment and Training Administration programs.
(transfer of funds)
Sec. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside, for
technical assistance services to grantees to ``Program Administration''
when it is determined that those services will be more efficiently
performed by Federal employees: Provided, That this section shall not
apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer not more
than 0.5 percent of each discretionary appropriation made available to
the Employment and Training Administration by this Act to ``Program
Administration'' in order to carry out program integrity activities
relating to any of the programs or activities that are funded under any
such discretionary appropriations: Provided, That funds transferred
from under paragraphs (1) and (2) of the ``Office of Job Corps'' account
shall be available under paragraph (3) of such account in order to carry
out program integrity activities relating to the Job Corps program:
Provided further, That funds transferred under this subsection shall be
available for obligation through September 30, 2018.
(transfer of funds)
Sec. 107. (a) <<NOTE: Evaluations.>> The Secretary may reserve not
more than 0.75 percent from each appropriation made available in this
Act identified in subsection (b) in order to carry out evaluations of
any of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
``Departmental Management'' for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2018:
Provided, <<NOTE: Plans. Time period.>> That such funds shall only be
available if the Chief Evaluation Officer of the Department of Labor
submits a plan to the Committees on Appropriations of the House of
Representatives and the Senate describing the evaluations to be carried
out 15 days in advance of any transfer.
(b) The accounts referred to in subsection (a) are: ``Training and
Employment Services'', ``Job Corps'', ``Community Service Employment for
Older Americans'', ``State Unemployment Insurance and Employment Service
Operations'', ``Employee Benefits Security Administration'', ``Office of
Workers' Compensation Programs'', ``Wage and Hour Division'', ``Office
of Federal Contract Compliance Programs'', ``Office of Labor Management
Standards'', ``Occupational Safety and Health Administration'', ``Mine
Safety and Health Administration'', ``Office of Disability Employment
Policy'', funding made available to the ``Bureau of International Labor
Affairs'' and ``Women's Bureau'' within the ``Departmental Management,
Salaries and Expenses'' account, and ``Veterans Employment and
Training''.
[[Page 131 STAT. 517]]
Sec. 108. <<NOTE: Effective
dates. Consultation. Determination. Time period.>> Notwithstanding any
other provision of law, beginning October 1, 2016, the Secretary of
Labor, in consultation with the Secretary of Agriculture may select an
entity to operate a Civilian Conservation Center on a competitive basis
in accordance with section 147 of the WIOA, if the Secretary of Labor
determines such Center has had consistently low performance under the
performance accountability system in effect for the Job Corps program
prior to July 1, 2016, or with respect to expected levels of performance
established under section 159(c) of such Act beginning July 1, 2016.
Sec. 109. (a) <<NOTE: Applicability.>> Section 7 of the Fair Labor
Standards Act of 1938 (29 U.S.C. 207) shall be applied as if the
following text is part of such section:
``(s)(1) <<NOTE: Time period.>> The provisions of this section shall
not apply for a period of 2 years after the occurrence of a major
disaster to any employee--
``(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
``(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum
weekly amount established by the Secretary, whichever is
greater, for the number of weeks such employee is engaged in any
of the activities described in subparagraph (C); and
``(C) whose duties include any of the following:
``(i) interviewing insured individuals, individuals
who suffered injuries or other damages or losses arising
from or relating to a disaster, witnesses, or
physicians;
``(ii) inspecting property damage or reviewing
factual information to prepare damage estimates;
``(iii) evaluating and making recommendations
regarding coverage or compensability of claims or
determining liability or value aspects of claims;
``(iv) negotiating settlements; or
``(v) making recommendations regarding litigation.
``(2) The exemption in this subsection shall not affect the
exemption provided by section 13(a)(1).
``(3) <<NOTE: Definitions.>> For purposes of this subsection--
``(A) the term `major disaster' means any disaster or
catastrophe declared or designated by any State or Federal
agency or department;
``(B) the term `employee employed to adjust or evaluate
claims resulting from or relating to such major disaster' means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C)
relating to a major disaster, and is employed by an employer
that maintains worker compensation insurance coverage or
protection for its employees, if required by applicable law, and
withholds applicable Federal, State, and local income and
payroll taxes from the wages, salaries and any benefits of such
employees; and
``(C) the term `affiliate' means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
[[Page 131 STAT. 518]]
shares of any class of voting securities of one or more
companies, directly or indirectly, controls, is controlled by,
or is under common control with, another company.''.
(b) <<NOTE: Effective date.>> This section shall be effective on the
date of enactment of this Act.
(rescission)
Sec. 110. <<NOTE: Time period.>> Of the funds made available under
the heading ``Employment and Training Administration-Training and
Employment Services'' in division H of Public Law 114-113, $75,000,000
is rescinded, to be derived from the amount made available in paragraph
(2)(A) under such heading for the period October 1, 2016, through
September 30, 2017.
Sec. 111. (a) <<NOTE: Time periods.>> Flexibility With Respect to
the Crossing of H-2B Nonimmigrants Working in the Seafood Industry.--
(1) In general.--Subject to paragraph (2), if a petition for
H-2B nonimmigrants filed by an employer in the seafood industry
is granted, the employer may bring the nonimmigrants described
in the petition into the United States at any time during the
120-day period beginning on the start date for which the
employer is seeking the services of the nonimmigrants without
filing another petition.
(2) Requirements for crossings after 90th day.--An employer
in the seafood industry may not bring H-2B nonimmigrants into
the United States after the date that is 90 days after the start
date for which the employer is seeking the services of the
nonimmigrants unless the employer--
(A) <<NOTE: Assessment. Public
information.>> completes a new assessment of the local
labor market by--
(i) listing job orders in local newspapers on
2 separate Sundays; and
(ii) posting the job opportunity on the
appropriate Department of Labor Electronic Job
Registry and at the employer's place of
employment; and
(B) offers the job to an equally or better qualified
United States worker who--
(i) applies for the job; and
(ii) will be available at the time and place
of need.
(3) Exemption from rules with respect to staggering.--The
Secretary of Labor shall not consider an employer in the seafood
industry who brings H-2B nonimmigrants into the United States
during the 120-day period specified in paragraph (1) to be
staggering the date of need in violation of section 655.20(d) of
title 20, Code of Federal Regulations, or any other applicable
provision of law.
(b) H-2B Nonimmigrants Defined.--In this section, the term ``H-2B
nonimmigrants'' means aliens admitted to the United States pursuant to
section 101(a)(15)(H)(ii)(B) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(H)(ii)(B)).
Sec. 112. <<NOTE: Determinations.>> The determination of prevailing
wage for the purposes of the H-2B program shall be the greater of--(1)
the actual wage level paid by the employer to other employees with
similar experience and qualifications for such position in the same
location; or (2) the prevailing wage level for the occupational
classification of the position in the geographic area in which the H-2B
nonimmigrant will be employed, based on the best information available
[[Page 131 STAT. 519]]
at the time of filing the petition. In the determination of prevailing
wage for the purposes of the H-2B program, the Secretary shall accept
private wage surveys even in instances where Occupational Employment
Statistics survey data are available unless the Secretary determines
that the methodology and data in the provided survey are not
statistically supported.
Sec. 113. None of the funds in this Act shall be used to enforce
the definition of corresponding employment found in 20 CFR 655.5 or the
three-fourths guarantee rule definition found in 20 CFR 655.20, or any
references thereto. Further, for the purpose of regulating admission of
temporary workers under the H-2B program, the definition of temporary
need shall be that provided in 8 CFR 214.2(h)(6)(ii)(B).
This title may be cited as the ``Department of Labor Appropriations
Act, 2017''.
TITLE II <<NOTE: Department of Health and Human Services Appropriations
Act, 2017.>>
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Health Resources and Services Administration
primary health care
For carrying out titles II and III of the Public Health Service Act
(referred to in this Act as the ``PHS Act'') with respect to primary
health care and the Native Hawaiian Health Care Act of 1988,
$1,491,522,000: Provided, That no more than $1,000,000 shall be
available until expended for carrying out the provisions of section
224(o) of the PHS Act: Provided further, That no more than $99,893,000
shall be available until expended for carrying out the provisions of
sections 224(g)-(n) and (q) of the PHS Act, and for expenses incurred by
the Department of Health and Human Services (referred to in this Act as
``HHS'') pertaining to administrative claims made under such law:
Provided further, That of funds provided for the Health Centers program,
as defined by section 330 of the PHS Act, by this Act or any other Act
for fiscal year 2017, not less than $100,000,000 shall be obligated in
fiscal year 2017 to support grants to expand medical services,
behavioral health, oral health, pharmacy, or vision services.
health workforce
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the Social
Security Act, and the Health Care Quality Improvement Act of 1986,
$838,695,000: Provided, That sections 747(c)(2), 751(j)(2), 762(k), and
the proportional funding amounts in paragraphs (1) through (4) of
section 756(f) of the PHS Act shall not apply to funds made available
under this heading: Provided further, That <<NOTE: 42 USC 294a
note.>> for any program operating under section 751 of the PHS Act on or
before January 1, 2009, the Secretary of Health and Human Services
(referred to in this title as the ``Secretary'') may hereafter waive any
of the requirements contained in sections 751(d)(2)(A) and 751(d)(2)(B)
of such Act for the full project period of a grant under such section:
Provided further, That no funds shall be available for section 340G-1 of
the PHS Act: Provided further, That fees collected for the disclosure
of information under
[[Page 131 STAT. 520]]
section 427(b) of the Health Care Quality Improvement Act of 1986 and
sections 1128E(d)(2) and 1921 of the Social Security Act shall be
sufficient to recover the full costs of operating the programs
authorized by such sections and shall remain available until expended
for the National Practitioner Data Bank: Provided further, That funds
transferred to this account to carry out section 846 and subpart 3 of
part D of title III of the PHS Act may be used to make prior year
adjustments to awards made under such sections.
maternal and child health
For carrying out titles III, XI, XII, and XIX of the PHS Act with
respect to maternal and child health, title V of the Social Security
Act, and section 712 of the American Jobs Creation Act of 2004,
$848,617,000: Provided, That notwithstanding sections 502(a)(1) and
502(b)(1) of the Social Security Act, not more than $80,593,000 shall be
available for carrying out special projects of regional and national
significance pursuant to section 501(a)(2) of such Act and $10,276,000
shall be available for projects described in subparagraphs (A) through
(F) of section 501(a)(3) of such Act.
ryan white hiv/aids program
For carrying out title XXVI of the PHS Act with respect to the Ryan
White HIV/AIDS program, $2,318,781,000, of which $1,970,881,000 shall
remain available to the Secretary through September 30, 2019, for parts
A and B of title XXVI of the PHS Act, and of which not less than
$900,313,000 shall be for State AIDS Drug Assistance Programs under the
authority of section 2616 or 311(c) of such Act.
health care systems
For carrying out titles III and XII of the PHS Act with respect to
health care systems, and the Stem Cell Therapeutic and Research Act of
2005, $104,193,000, of which $122,000 shall be available until expended
for facilities renovations at the Gillis W. Long Hansen's Disease
Center.
rural health
For carrying out titles III and IV of the PHS Act with respect to
rural health, section 427(a) of the Federal Coal Mine Health and Safety
Act of 1969, and sections 711 and 1820 of the Social Security Act,
$156,060,000, of which $43,609,000 from general revenues,
notwithstanding section 1820(j) of the Social Security Act, shall be
available for carrying out the Medicare rural hospital flexibility
grants program: Provided, That of the funds made available under this
heading for Medicare rural hospital flexibility grants, $14,942,000
shall be available for the Small Rural Hospital Improvement Grant
Program for quality improvement and adoption of health information
technology and up to $1,000,000 shall be to carry out section 1820(g)(6)
of the Social Security Act, with funds provided for grants under section
1820(g)(6) available for the purchase and implementation of telehealth
services, including pilots and demonstrations on the use of electronic
health records to coordinate rural veterans care between rural providers
and the
[[Page 131 STAT. 521]]
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the PHS Act,
$10,000,000 shall be available for State Offices of Rural Health.
family planning
For carrying out the program under title X of the PHS Act to provide
for voluntary family planning projects, $286,479,000:
Provided, <<NOTE: Abortion.>> That amounts provided to said projects
under such title shall not be expended for abortions, that all pregnancy
counseling shall be nondirective, and that such amounts shall not be
expended for any activity (including the publication or distribution of
literature) that in any way tends to promote public support or
opposition to any legislative proposal or candidate for public office.
program management
For program support in the Health Resources and Services
Administration, $154,000,000: Provided, That funds made available under
this heading may be used to supplement program support funding provided
under the headings ``Primary Health Care'', ``Health Workforce'',
``Maternal and Child Health'', ``Ryan White HIV/AIDS Program'', ``Health
Care Systems'', and ``Rural Health''.
vaccine injury compensation program trust fund
For payments from the Vaccine Injury Compensation Program Trust Fund
(the ``Trust Fund''), such sums as may be necessary for claims
associated with vaccine-related injury or death with respect to vaccines
administered after September 30, 1988, pursuant to subtitle 2 of title
XXI of the PHS Act, to remain available until expended: Provided, That
for necessary administrative expenses, not to exceed $7,750,000 shall be
available from the Trust Fund to the Secretary.
Centers for Disease Control and Prevention
immunization and respiratory diseases
For carrying out titles II, III, XVII, and XXI, and section 2821 of
the PHS Act, titles II and IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act, with respect to
immunization and respiratory diseases, $455,000,000.
hiv/aids, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention
For carrying out titles II, III, XVII, and XXIII of the PHS Act with
respect to HIV/AIDS, viral hepatitis, sexually transmitted diseases, and
tuberculosis prevention, $1,117,278,000.
emerging and zoonotic infectious diseases
For carrying out titles II, III, and XVII, and section 2821 of the
PHS Act, titles II and IV of the Immigration and Nationality Act, and
section 501 of the Refugee Education Assistance Act, with respect to
emerging and zoonotic infectious diseases, $532,922,000.
[[Page 131 STAT. 522]]
chronic disease prevention and health promotion
For carrying out titles II, III, XI, XV, XVII, and XIX of the PHS
Act with respect to chronic disease prevention and health promotion,
$777,646,000: Provided, <<NOTE: Grants.>> That funds appropriated under
this account may be available for making grants under section 1509 of
the PHS Act for not less than 21 States, tribes, or tribal
organizations: Provided further, That of the funds available under this
heading, $10,000,000 shall be available to continue and expand community
specific extension and outreach programs to combat obesity in counties
with the highest levels of obesity: Provided further, That the
proportional funding requirements under section 1503(a) of the PHS Act
shall not apply to funds made available under this heading.
birth defects, developmental disabilities, disabilities and health
For carrying out titles II, III, XI, and XVII of the PHS Act with
respect to birth defects, developmental disabilities, disabilities and
health, $137,560,000.
public health scientific services
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $489,397,000.
environmental health
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $163,750,000.
injury prevention and control
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $286,059,000: Provided, That
of the funds provided under this heading, $112,000,000 shall be
available for an evidence-based opioid drug overdose prevention program.
national institute for occupational safety and health
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine Safety
and Health Act, section 13 of the Mine Improvement and New Emergency
Response Act, and sections 20, 21, and 22 of the Occupational Safety and
Health Act, with respect to occupational safety and health,
$335,200,000.
energy employees occupational illness compensation program
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to remain
available until expended: Provided, That this amount shall be available
consistent with the provision regarding administrative expenses in
section 151(b) of division B, title I of Public Law 106-554.
[[Page 131 STAT. 523]]
global health
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $435,121,000, of which $128,421,000 for
international HIV/AIDS shall remain available through September 30,
2018: Provided, That funds may be used for purchase and insurance of
official motor vehicles in foreign countries.
public health preparedness and response
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for expenses
necessary to support activities related to countering potential
biological, nuclear, radiological, and chemical threats to civilian
populations, $1,405,000,000, of which $575,000,000 shall remain
available until expended for the Strategic National Stockpile:
Provided, <<NOTE: Detail authority. Time
period. Notification. Deadlines. Reports.>> That in the event the
Director of the Centers for Disease Control and Prevention (referred to
in this title as ``CDC'') activates the Emergency Operations Center, the
Director of the CDC may detail CDC staff without reimbursement for up to
90 days to support the work of the CDC Emergency Operations Center, so
long as the Director provides a notice to the Committees on
Appropriations of the House of Representatives and the Senate within 15
days of the use of this authority and a full report within 30 days after
use of this authority which includes the number of staff and funding
level broken down by the originating center and number of days detailed:
Provided further, That funds appropriated under this heading may be
used to support a contract for the operation and maintenance of an
aircraft in direct support of activities throughout CDC to ensure the
agency is prepared to address public health preparedness emergencies.
buildings and facilities
(including transfer of funds)
For acquisition of real property, equipment, construction,
demolition, and renovation of facilities, $10,000,000, which shall
remain available until September 30, 2021: Provided, That funds
previously set-aside by CDC for repair and upgrade of the Lake Lynn
Experimental Mine and Laboratory shall be used to acquire a replacement
mine safety research facility: Provided further, That in addition, the
prior year unobligated balance of any amounts assigned to former
employees in accounts of CDC made available for Individual Learning
Accounts shall be credited to and merged with the amounts made available
under this heading to support the replacement of the mine safety
research facility.
cdc-wide activities and program support
For carrying out titles II, III, XVII and XIX, and section 2821 of
the PHS Act and for cross-cutting activities and program support for
activities funded in other appropriations included in this Act for the
Centers for Disease Control and Prevention, $113,570,000: Provided,
That paragraphs (1) through (3) of subsection (b) of section 2821 of the
PHS Act shall not apply to funds appropriated under this heading and in
all other accounts of the CDC: Provided further, That employees of CDC
or the Public Health Service, both civilian
[[Page 131 STAT. 524]]
and commissioned officers, detailed to States, municipalities, or other
organizations under authority of section 214 of the PHS Act, or in
overseas assignments, shall be treated as non-Federal employees for
reporting purposes only and shall not be included within any personnel
ceiling applicable to the Agency, Service, or HHS during the period of
detail or assignment: Provided further, That CDC may use up to $10,000
from amounts appropriated to CDC in this Act for official reception and
representation expenses when specifically approved by the Director of
CDC: Provided further, That in addition, such sums as may be derived
from authorized user fees, which shall be credited to the appropriation
charged with the cost thereof: Provided further, That with respect to
the previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2018.
National Institutes of Health
national cancer institute
For carrying out section 301 and title IV of the PHS Act with
respect to cancer, $5,389,329,000, of which up to $50,000,000 may be
used for facilities repairs and improvements at the National Cancer
Institute--Frederick Federally Funded Research and Development Center in
Frederick, Maryland: Provided, That of the $5,689,329,000 provided for
in direct obligations under this heading, $5,389,329,000 is appropriated
from the general fund and $300,000,000 was previously appropriated for
fiscal year 2017 by section 194 of the Continuing Appropriations Act,
2017 (division C of Public Law 114-223), as amended by the Further
Continuing and Security Assistance Appropriations Act, 2017 (Public Law
114-254) to support cancer research pursuant to section 1001 of the 21st
Century Cures Act.
national heart, lung, and blood institute
For carrying out section 301 and title IV of the PHS Act with
respect to cardiovascular, lung, and blood diseases, and blood and blood
products, $3,206,589,000.
national institute of dental and craniofacial research
For carrying out section 301 and title IV of the PHS Act with
respect to dental and craniofacial diseases, $425,751,000.
national institute of diabetes and digestive and kidney diseases
For carrying out section 301 and title IV of the PHS Act with
respect to diabetes and digestive and kidney disease, $1,870,595,000.
national institute of neurological disorders and stroke
For carrying out section 301 and title IV of the PHS Act with
respect to neurological disorders and stroke, $1,783,654,000.
[[Page 131 STAT. 525]]
national institute of allergy and infectious diseases
For carrying out section 301 and title IV of the PHS Act with
respect to allergy and infectious diseases, $4,906,638,000.
national institute of general medical sciences
For carrying out section 301 and title IV of the PHS Act with
respect to general medical sciences, $2,650,838,000, of which
$824,443,000 shall be from funds available under section 241 of the PHS
Act: Provided, That not less than $333,361,000 is provided for the
Institutional Development Awards program.
eunice kennedy shriver national institute of child health and human
development
For carrying out section 301 and title IV of the PHS Act with
respect to child health and human development, $1,380,295,000.
national eye institute
For carrying out section 301 and title IV of the PHS Act with
respect to eye diseases and visual disorders, $732,618,000.
national institute of environmental health sciences
For carrying out section 301 and title IV of the PHS Act with
respect to environmental health sciences, $714,261,000.
national institute on aging
For carrying out section 301 and title IV of the PHS Act with
respect to aging, $2,048,610,000.
national institute of arthritis and musculoskeletal and skin diseases
For carrying out section 301 and title IV of the PHS Act with
respect to arthritis and musculoskeletal and skin diseases,
$557,851,000.
national institute on deafness and other communication disorders
For carrying out section 301 and title IV of the PHS Act with
respect to deafness and other communication disorders, $436,875,000.
national institute of nursing research
For carrying out section 301 and title IV of the PHS Act with
respect to nursing research, $150,273,000.
national institute on alcohol abuse and alcoholism
For carrying out section 301 and title IV of the PHS Act with
respect to alcohol abuse and alcoholism, $483,363,000.
[[Page 131 STAT. 526]]
national institute on drug abuse
For carrying out section 301 and title IV of the PHS Act with
respect to drug abuse, $1,090,853,000.
national institute of mental health
For carrying out section 301 and title IV of the PHS Act with
respect to mental health, $1,601,931,000.
national human genome research institute
For carrying out section 301 and title IV of the PHS Act with
respect to human genome research, $528,566,000.
national institute of biomedical imaging and bioengineering
For carrying out section 301 and title IV of the PHS Act with
respect to biomedical imaging and bioengineering research, $357,080,000.
national center for complementary and integrative health
For carrying out section 301 and title IV of the PHS Act with
respect to complementary and integrative health, $134,689,000.
national institute on minority health and health disparities
For carrying out section 301 and title IV of the PHS Act with
respect to minority health and health disparities research,
$289,069,000.
john e. fogarty international center
For carrying out the activities of the John E. Fogarty International
Center (described in subpart 2 of part E of title IV of the PHS Act),
$72,213,000.
national library of medicine
For carrying out section 301 and title IV of the PHS Act with
respect to health information communications, $407,510,000: Provided,
That of the amounts available for improvement of information systems,
$4,000,000 shall be available until September 30, 2018: Provided
further, That in fiscal year 2017, the National Library of Medicine may
enter into personal services contracts for the provision of services in
facilities owned, operated, or constructed under the jurisdiction of the
National Institutes of Health (referred to in this title as ``NIH'').
national center for advancing translational sciences
For carrying out section 301 and title IV of the PHS Act with
respect to translational sciences, $705,903,000: Provided, That up to
$25,835,000 shall be available to implement section 480 of the PHS Act,
relating to the Cures Acceleration Network: Provided further, That at
least $516,120,000 is provided to the Clinical and Translational
Sciences Awards program.
[[Page 131 STAT. 527]]
office of the director
For carrying out the responsibilities of the Office of the Director,
NIH, $1,665,183,000 (in addition to the $52,000,000 in the NIH
Innovation Fund previously appropriated for fiscal year 2017 pursuant to
section 1001 of the 21st Century Cures Act, 2017 (division C of Public
Law 114-254)): Provided, That funding shall be available for the
purchase of not to exceed 29 passenger motor vehicles for replacement
only: Provided further, That all funds credited to the NIH Management
Fund shall remain available for one fiscal year after the fiscal year in
which they are deposited: Provided further, That $165,000,000 shall be
for the National Children's Study Follow-on: Provided further, That
$682,856,000 shall be available for the Common Fund established under
section 402A(c)(1) of the PHS Act: Provided further, That of the funds
provided, $10,000 shall be for official reception and representation
expenses when specifically approved by the Director of the NIH:
Provided further, That the Office of AIDS Research within the Office of
the Director of the NIH may spend up to $8,000,000 to make grants for
construction or renovation of facilities as provided for in section
2354(a)(5)(B) of the PHS Act: Provided further, That up to $190,000,000
(in addition to the $40,000,000 to support the Precision Medicine
Initiative in the NIH Innovation Fund previously appropriated for fiscal
year 2017 pursuant to section 1001 of the 21st Century Cures Act by
section 194 of the Continuing Appropriations Act, 2017 (division C of
Public Law 114-254)), of the funds provided herein are available to
support the trans-NIH Precision Medicine Initiative.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000 is
appropriated to the Common Fund from the 10-year Pediatric Research
Initiative Fund described in section 9008 of title 26, United States
Code, for the purpose of carrying out section 402(b)(7)(B)(ii) of the
PHS Act (relating to pediatric research), as authorized in the Gabriella
Miller Kids First Research Act.
buildings and facilities
For the study of, construction of, demolition of, renovation of, and
acquisition of equipment for, facilities of or used by NIH, including
the acquisition of real property, $128,863,000, to remain available
through September 30, 2021.
Substance Abuse and Mental Health Services Administration
mental health
For carrying out titles III, V, and XIX of the PHS Act with respect
to mental health, and the Protection and Advocacy for Individuals with
Mental Illness Act, $1,147,998,000: Provided, That notwithstanding
section 520A(f)(2) of the PHS Act, no funds appropriated for carrying
out section 520A shall be available for carrying out section 1971 of the
PHS Act: Provided further, That in addition to amounts provided herein,
$21,039,000 shall be available under section 241 of the PHS Act to carry
out subpart I of part B of title XIX of the PHS Act to fund section
1920(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1920(b)
[[Page 131 STAT. 528]]
activities shall not exceed 5 percent of the amounts appropriated for
subpart I of part B of title XIX: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated in this
Act for fiscal year 2017: Provided further, That notwithstanding
section 565(b)(1) of the PHS Act, technical assistance may be provided
to a public entity to establish or operate a system of comprehensive
community mental health services to children with a serious emotional
disturbance, without regard to whether the public entity receives a
grant under section 561(a) of such Act: Provided further, <<NOTE: State
and local governments.>> That States shall expend at least 10 percent of
the amount each receives for carrying out section 1911 of the PHS Act to
support evidence-based programs that address the needs of individuals
with early serious mental illness, including psychotic disorders,
regardless of the age of the individual at onset: Provided further,
That none of the funds provided for section 1911 of the PHS Act shall be
subject to section 241 of such Act: Provided further, That of the funds
made available under this heading, $15,000,000 shall be to carry out
section 224 of the Protecting Access to Medicare Act of 2014 (Public Law
113-93; 42 U.S.C. 290aa 22 note).
substance abuse treatment
For carrying out titles III and V of the PHS Act with respect to
substance abuse treatment and title XIX of such Act with respect to
substance abuse treatment and prevention, $2,131,306,000: Provided,
That in addition to amounts provided herein, the following amounts shall
be available under section 241 of the PHS Act: (1) $79,200,000 to carry
out subpart II of part B of title XIX of the PHS Act to fund section
1935(b) technical assistance, national data, data collection and
evaluation activities, and further that the total available under this
Act for section 1935(b) activities shall not exceed 5 percent of the
amounts appropriated for subpart II of part B of title XIX; and (2)
$2,000,000 to evaluate substance abuse treatment programs: Provided
further, That none of the funds provided for section 1921 of the PHS Act
shall be subject to section 241 of such Act.
substance abuse prevention
For carrying out titles III and V of the PHS Act with respect to
substance abuse prevention, $223,219,000.
health surveillance and program support
For program support and cross-cutting activities that supplement
activities funded under the headings ``Mental Health'', ``Substance
Abuse Treatment'', and ``Substance Abuse Prevention'' in carrying out
titles III, V, and XIX of the PHS Act and the Protection and Advocacy
for Individuals with Mental Illness Act in the Substance Abuse and
Mental Health Services Administration, $116,830,000: Provided, That in
addition to amounts provided herein, $31,428,000 shall be available
under section 241 of the PHS Act to supplement funds available to carry
out national surveys on drug abuse and mental health, to collect and
analyze program data, and to conduct public awareness and technical
assistance activities: Provided further, That, in addition, fees may be
collected
[[Page 131 STAT. 529]]
for the costs of publications, data, data tabulations, and data analysis
completed under title V of the PHS Act and provided to a public or
private entity upon request, which shall be credited to this
appropriation and shall remain available until expended for such
purposes: Provided further, That amounts made available in this Act for
carrying out section 501(m) of the PHS Act shall remain available
through September 30, 2018: Provided further, That funds made available
under this heading may be used to supplement program support funding
provided under the headings ``Mental Health'', ``Substance Abuse
Treatment'', and ``Substance Abuse Prevention''.
Agency for Healthcare Research and Quality
healthcare research and quality
For carrying out titles III and IX of the PHS Act, part A of title
XI of the Social Security Act, and section 1013 of the Medicare
Prescription Drug, Improvement, and Modernization Act of 2003,
$324,000,000: Provided, That section 947(c) of the PHS Act shall not
apply in fiscal year 2017: Provided further, That in addition, amounts
received from Freedom of Information Act fees, reimbursable and
interagency agreements, and the sale of data shall be credited to this
appropriation and shall remain available until September 30, 2018.
Centers for Medicare and Medicaid Services
grants to states for medicaid
For carrying out, except as otherwise provided, titles XI and XIX of
the Social Security Act, $262,003,967,000, to remain available until
expended.
For <<NOTE: Effective date.>> making, after May 31, 2017, payments
to States under title XIX or in the case of section 1928 on behalf of
States under title XIX of the Social Security Act for the last quarter
of fiscal year 2017 for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary.
For making payments to States or in the case of section 1928 on
behalf of States under title XIX of the Social Security Act for the
first quarter of fiscal year 2018, $125,219,452,000, to remain available
until expended.
Payment under such title XIX may be made for any quarter with
respect to a State plan or plan amendment in effect during such quarter,
if submitted in or prior to such quarter and approved in that or any
subsequent quarter.
payments to health care trust funds
For payment to the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as provided under
sections 217(g), 1844, and 1860D-16 of the Social Security Act, sections
103(c) and 111(d) of the Social Security Amendments of 1965, section
278(d)(3) of Public Law 97-248, and for administrative expenses incurred
pursuant to section 201(g) of the Social Security Act, $299,187,700,000.
In addition, for making matching payments under section 1844 and
benefit payments under section 1860D-16 of the Social Security
[[Page 131 STAT. 530]]
Act that were not anticipated in budget estimates, such sums as may be
necessary.
program management
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII of the
PHS Act, the Clinical Laboratory Improvement Amendments of 1988, and
other responsibilities of the Centers for Medicare and Medicaid
Services, not to exceed $3,669,744,000, to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g) of the
Social Security Act; together with all funds collected in accordance
with section 353 of the PHS Act and section 1857(e)(2) of the Social
Security Act, funds retained by the Secretary pursuant to section 302 of
the Tax Relief and Health Care Act of 2006; and such sums as may be
collected from authorized user fees and the sale of data, which shall be
credited to this account and remain available until September 30, 2022:
Provided, That all funds derived in accordance with 31 U.S.C. 9701 from
organizations established under title XIII of the PHS Act shall be
credited to and available for carrying out the purposes of this
appropriation: Provided further, <<NOTE: Fees. Time period.>> That the
Secretary is directed to collect fees in fiscal year 2017 from Medicare
Advantage organizations pursuant to section 1857(e)(2) of the Social
Security Act and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section 1876(k)(4)(D) of that
Act.
health care fraud and abuse control account
In addition to amounts otherwise available for program integrity and
program management, $725,000,000, to remain available through September
30, 2018, to be transferred from the Federal Hospital Insurance Trust
Fund and the Federal Supplementary Medical Insurance Trust Fund, as
authorized by section 201(g) of the Social Security Act, of which
$486,936,000 shall be for the Medicare Integrity Program at the Centers
for Medicare and Medicaid Services, including administrative costs, to
conduct oversight activities for Medicare Advantage under Part C and the
Medicare Prescription Drug Program under Part D of the Social Security
Act and for activities described in section 1893(b) of such Act, of
which $82,132,000 shall be for the Department of Health and Human
Services Office of Inspector General to carry out fraud and abuse
activities authorized by section 1817(k)(3) of such Act, of which
$82,132,000 shall be for the Medicaid and Children's Health Insurance
Program (``CHIP'') program integrity activities, and of which
$73,800,000 shall be for the Department of Justice to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act:
Provided, <<NOTE: Reports. Time period.>> That the report required by
section 1817(k)(5) of the Social Security Act for fiscal year 2017 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs for the
funds provided by this appropriation: Provided further, That of the
amount provided under this heading, $311,000,000 is provided to meet the
terms of section 251(b)(2)(C)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $414,000,000 is additional
new budget authority
[[Page 131 STAT. 531]]
specified for purposes of section 251(b)(2)(C) of such Act: Provided
further, That the Secretary shall support the full cost of the Senior
Medicare Patrol program to combat health care fraud and abuse from the
funds provided to this account.
Administration for Children and Families
payments to states for child support enforcement and family support
programs
For carrying out, except as otherwise provided, titles I, IV-D, X,
XI, XIV, and XVI of the Social Security Act and the Act of July 5, 1960,
$3,010,631,000, to remain available until expended; and for such
purposes for the first quarter of fiscal year 2018, $1,400,000,000, to
remain available until expended.
For <<NOTE: Effective date. Time period.>> carrying out, after May
31 of the current fiscal year, except as otherwise provided, titles I,
IV-D, X, XI, XIV, and XVI of the Social Security Act and the Act of July
5, 1960, for the last 3 months of the current fiscal year for
unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
low income home energy assistance
For making payments under subsections (b) and (d) of section 2602 of
the Low Income Home Energy Assistance Act of 1981, $3,390,304,000:
Provided, That all but $491,000,000 of this amount shall be allocated as
though the total appropriation for such payments for fiscal year 2017
was less than $1,975,000,000: Provided further, That notwithstanding
section 2609A(a), of the amounts appropriated under section 2602(b), not
more than $2,988,000 of such amounts may be reserved by the Secretary
for technical assistance, training, and monitoring of program activities
for compliance with internal controls, policies and procedures and may,
in addition to the authorities provided in section 2609A(a)(1), use such
funds through contracts with private entities that do not qualify as
nonprofit organizations.
refugee and entrant assistance
(including transfer of funds)
For necessary expenses for refugee and entrant assistance activities
authorized by section 414 of the Immigration and Nationality Act and
section 501 of the Refugee Education Assistance Act of 1980, and for
carrying out section 462 of the Homeland Security Act of 2002, section
235 of the William Wilberforce Trafficking Victims Protection
Reauthorization Act of 2008, the Trafficking Victims Protection Act of
2000 (``TVPA''), and the Torture Victims Relief Act of 1998,
$1,674,691,000, of which $1,645,201,000 shall remain available through
September 30, 2019 for carrying out such sections 414, 501, 462, and
235: Provided, That amounts available under this heading to carry out
the TVPA shall also be available for research and evaluation with
respect to activities under such Act: Provided
further, <<NOTE: Applicability.>> That the limitation in section 205 of
this Act regarding transfers increasing any appropriation shall apply to
transfers to appropriations under this heading by substituting ``10
percent'' for ``3 percent''.
[[Page 131 STAT. 532]]
payments to states for the child care and development block grant
For carrying out the Child Care and Development Block Grant Act of
2014 (``CCDBG Act''), $2,856,000,000 shall be used to supplement, not
supplant State general revenue funds for child care assistance for low-
income families: Provided, That technical assistance under section
658I(a)(3) of such Act may be provided directly, or through the use of
contracts, grants, cooperative agreements, or interagency agreements:
Provided further, That all funds made available to carry out section 418
of the Social Security Act (42 U.S.C. 618), including funds appropriated
for that purpose in such section 418 or any other provision of law,
shall be subject to the reservation of funds authority in paragraphs (4)
and (5) of section 658O(a) of the CCDBG Act.
social services block grant
For making grants to States pursuant to section 2002 of the Social
Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry out State
programs pursuant to title XX-A of such Act shall be 10 percent.
children and families services programs
For carrying out, except as otherwise provided, the Runaway and
Homeless Youth Act, the Head Start Act, the Every Student Succeeds Act,
the Child Abuse Prevention and Treatment Act, sections 303 and 313 of
the Family Violence Prevention and Services Act, the Native American
Programs Act of 1974, title II of the Child Abuse Prevention and
Treatment and Adoption Reform Act of 1978 (adoption opportunities), part
B-1 of title IV and sections 429, 473A, 477(i), 1110, 1114A, and 1115 of
the Social Security Act, and the Community Services Block Grant Act
(``CSBG Act''); for necessary administrative expenses to carry out
titles I, IV, V, X, XI, XIV, XVI, and XX-A of the Social Security Act,
the Act of July 5, 1960, the Low-Income Home Energy Assistance Act of
1981, the Child Care and Development Block Grant Act of 2014, the Assets
for Independence Act, title IV of the Immigration and Nationality Act,
and section 501 of the Refugee Education Assistance Act of 1980; and for
the administration of prior year obligations made by the Administration
for Children and Families under the Developmental Disabilities
Assistance and Bill of Rights Act and the Help America Vote Act of 2002,
$11,294,368,000, of which $37,943,000, to remain available through
September 30, 2018, shall be for grants to States for adoption and legal
guardianship incentive payments, as defined by section 473A of the
Social Security Act and may be made for adoptions and legal
guardianships completed before September 30, 2017: Provided, That
$9,253,095,000 shall be for making payments under the Head Start Act:
Provided further, That of the amount in the previous proviso,
$8,588,095,000 shall be available for payments under section 640 of the
Head Start Act, of which $80,000,000 shall be available for a cost of
living adjustment notwithstanding section 640(a)(3)(A) of such Act:
Provided further, That of the amount provided for making payments under
the Head Start Act, $25,000,000 shall
[[Page 131 STAT. 533]]
be available for allocation by the Secretary to supplement activities
described in paragraphs (7)(B) and (9) of section 641(c) of such Act
under the Designation Renewal System, established under the authority of
sections 641(c)(7), 645A(b)(12) and 645A(d) of such Act: Provided
further, That notwithstanding such section 640, of the amount provided
for making payments under the Head Start Act, and in addition to funds
otherwise available under such section 640, $640,000,000 shall be
available through March 31, 2018 for Early Head Start programs as
described in section 645A of such Act, for conversion of Head Start
services to Early Head Start services as described in section
645(a)(5)(A) of such Act, for discretionary grants for high quality
infant and toddler care through Early Head Start-Child Care
Partnerships, to entities defined as eligible under section 645A(d) of
such Act, for training and technical assistance for such activities, and
for up to $14,000,000 in Federal costs of administration and evaluation,
and, notwithstanding section 645A(c)(2) of such Act, these funds are
available to serve children under age 4: Provided further, That funds
described in the preceding two provisos shall not be included in the
calculation of ``base grant'' in subsequent fiscal years, as such term
is used in section 640(a)(7)(A) of such Act: Provided further, That
$250,000,000 shall be available until December 31, 2017 for carrying out
sections 9212 and 9213 of the Every Student Succeeds Act: Provided
further, That, in accordance with section 9212(j) of such Act, funds
made available in the preceding proviso may be allocated to the
Department of Education to issue continuation grants on behalf of the
Secretary: Provided further, That up to 3 percent of the funds in the
second preceding proviso shall be available for technical assistance and
evaluation related to grants awarded under such section 9212: Provided
further, That $742,383,000 shall be for making payments under the CSBG
Act: Provided further, That $27,733,000 shall be for sections 680 and
678E(b)(2) of the CSBG Act, of which not less than $19,883,000 shall be
for section 680(a)(2) and not less than $7,500,000 shall be for section
680(a)(3)(B) of such Act: Provided further, That, notwithstanding
section 675C(a)(3) of such Act, to the extent Community Services Block
Grant funds are distributed as grant funds by a State to an eligible
entity as provided under such Act, and have not been expended by such
entity, they shall remain with such entity for carryover into the next
fiscal year for expenditure by such entity consistent with program
purposes: Provided further, <<NOTE: Procedures. Assets. Time period. 42
USC 9921 note.>> That the Secretary shall establish procedures regarding
the disposition of intangible assets and program income that permit such
assets acquired with, and program income derived from, grant funds
authorized under section 680 of the CSBG Act to become the sole property
of such grantees after a period of not more than 12 years after the end
of the grant period for any activity consistent with section
680(a)(2)(A) of the CSBG Act: Provided further, That intangible assets
in the form of loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible purpose
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, <<NOTE: Applicability. Effective date.>> That these procedures
shall apply to such grant funds made available after November 29, 1999:
Provided further, That funds appropriated for section 680(a)(2) of the
CSBG Act shall be available for financing construction and
rehabilitation and loans or investments in private business enterprises
owned by community development corporations: Provided
further, <<NOTE: Standards. State and local
governments. Territories. Time period. Reports.>> That the Secretary
[[Page 131 STAT. 534]]
shall issue performance standards for entities receiving funds from
State and territorial grantees under the CSBG Act, and such States and
territories shall assure the implementation of such standards prior to
September 30, 2017, and include information on such implementation in
the report required by section 678E(a)(2) of such Act: Provided
further, That $1,864,000 shall be for a human services case management
system for federally declared disasters, to include a comprehensive
national case management contract and Federal costs of administering the
system: Provided further, That up to $2,000,000 shall be for improving
the Public Assistance Reporting Information System, including grants to
States to support data collection for a study of the system's
effectiveness.
promoting safe and stable families
For carrying out, except as otherwise provided, section 436 of the
Social Security Act, $325,000,000 and, for carrying out, except as
otherwise provided, section 437 of such Act, $59,765,000: Provided,
That notwithstanding sections 438(c)(3)(A) and 436(b)(2) of such Act,
$10,000,000 shall be available for such section 436(b)(2), of which no
funds shall be available for carrying out sections 438(c)(3)(A)(ii) and
(iii) of such Act.
payments for foster care and permanency
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, $5,764,000,000.
For carrying out, except as otherwise provided, title IV-E of the
Social Security Act, for the first quarter of fiscal year 2018,
$2,500,000,000.
For <<NOTE: Effective date. Time period.>> carrying out, after May
31 of the current fiscal year, except as otherwise provided, section 474
of title IV-E of the Social Security Act, for the last 3 months of the
current fiscal year for unanticipated costs, incurred for the current
fiscal year, such sums as may be necessary.
Administration for Community Living
aging and disability services programs
(including transfer of funds)
For carrying out, to the extent not otherwise provided, the Older
Americans Act of 1965 (``OAA''), titles III and XXIX of the PHS Act,
sections 1252 and 1253 of the PHS Act, section 119 of the Medicare
Improvements for Patients and Providers Act of 2008, title XX-B of the
Social Security Act, the Developmental Disabilities Assistance and Bill
of Rights Act, parts 2 and 5 of subtitle D of title II of the Help
America Vote Act of 2002, the Assistive Technology Act of 1998, titles
II and VII (and section 14 with respect to such titles) of the
Rehabilitation Act of 1973, and for Department-wide coordination of
policy and program activities that assist individuals with disabilities,
$1,919,000,000, together with $47,115,000 to be transferred from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts appropriated
under this heading may be used for grants to States under
[[Page 131 STAT. 535]]
section 361 of the OAA only for disease prevention and health promotion
programs and activities which have been demonstrated through rigorous
evaluation to be evidence-based and effective: Provided further, That
of amounts made available under this heading to carry out sections 311,
331, and 336 of the OAA, up to one percent of such amounts shall be
available for developing and implementing evidence-based practices for
enhancing senior nutrition: Provided further, That notwithstanding any
other provision of this Act, funds made available under this heading to
carry out section 311 of the OAA may be transferred to the Secretary of
Agriculture in accordance with such section: Provided further, That
$2,000,000 shall be for competitive grants to support alternative
financing programs that provide for the purchase of assistive technology
devices, such as a low-interest loan fund; an interest buy-down program;
a revolving loan fund; a loan guarantee; or an insurance program:
Provided further, That applicants shall provide an assurance that, and
information describing the manner in which, the alternative financing
program will expand and emphasize consumer choice and control: Provided
further, That State agencies and community-based disability
organizations that are directed by and operated for individuals with
disabilities shall be eligible to compete: Provided
further, <<NOTE: Disabled person. Deadline.>> That none of the funds
made available under this heading may be used by an eligible system (as
defined in section 102 of the Protection and Advocacy for Individuals
with Mental Illness Act (42 U.S.C. 10802)) to continue to pursue any
legal action in a Federal or State court on behalf of an individual or
group of individuals with a developmental disability (as defined in
section 102(8)(A) of the Developmental Disabilities and Assistance and
Bill of Rights Act of 2000 (20 U.S.C. 15002(8)(A)) that is attributable
to a mental impairment (or a combination of mental and physical
impairments), that has as the requested remedy the closure of State
operated intermediate care facilities for people with intellectual or
developmental disabilities, unless reasonable public notice of the
action has been provided to such individuals (or, in the case of mental
incapacitation, the legal guardians who have been specifically awarded
authority by the courts to make healthcare and residential decisions on
behalf of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise such
rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State or subject
to public guardianship.
Office of the Secretary
general departmental management
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor vehicles,
and for carrying out titles III, XVII, XXI, and section 229 of the PHS
Act, the United States-Mexico Border Health Commission Act, and research
studies under section 1110 of the Social Security Act, $460,629,000,
together with $64,828,000 from
[[Page 131 STAT. 536]]
the amounts available under section 241 of the PHS Act to carry out
national health or human services research and evaluation activities:
Provided, That of this amount, $53,900,000 shall be for minority AIDS
prevention and treatment activities: Provided further, That of the
funds made available under this heading, $101,000,000 shall be for
making competitive contracts and grants to public and private entities
to fund medically accurate and age appropriate programs that reduce teen
pregnancy and for the Federal costs associated with administering and
evaluating such contracts and grants, of which not more than 10 percent
of the available funds shall be for training and technical assistance,
evaluation, outreach, and additional program support activities, and of
the remaining amount 75 percent shall be for replicating programs that
have been proven effective through rigorous evaluation to reduce teenage
pregnancy, behavioral risk factors underlying teenage pregnancy, or
other associated risk factors, and 25 percent shall be available for
research and demonstration grants to develop, replicate, refine, and
test additional models and innovative strategies for preventing teenage
pregnancy: Provided further, That of the amounts provided under this
heading from amounts available under section 241 of the PHS Act,
$6,800,000 shall be available to carry out evaluations (including
longitudinal evaluations) of teenage pregnancy prevention approaches:
Provided further, That of the funds made available under this heading,
$15,000,000 shall be for making competitive grants which exclusively
implement education in sexual risk avoidance (defined as voluntarily
refraining from non-marital sexual activity): Provided
further, <<NOTE: Sexual risk avoidance.>> That funding for such
competitive grants for sexual risk avoidance shall use medically
accurate information referenced to peer-reviewed publications by
educational, scientific, governmental, or health organizations;
implement an evidence-based approach integrating research findings with
practical implementation that aligns with the needs and desired outcomes
for the intended audience; and teach the benefits associated with self-
regulation, success sequencing for poverty prevention, healthy
relationships, goal setting, and resisting sexual coercion, dating
violence, and other youth risk behaviors such as underage drinking or
illicit drug use without normalizing teen sexual activity: Provided
further, That no more than 10 percent of the funding for such
competitive grants for sexual risk avoidance shall be available for
technical assistance and administrative costs of such programs:
Provided further, <<NOTE: Embryo adoption.>> That funds provided in this
Act for embryo adoption activities may be used to provide to individuals
adopting embryos, through grants and other mechanisms, medical and
administrative services deemed necessary for such adoptions: Provided
further, That such services shall be provided consistent with 42 CFR
59.5(a)(4).
office of medicare hearings and appeals
For expenses necessary for the Office of Medicare Hearings and
Appeals, $107,381,000, to be transferred in appropriate part from the
Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
[[Page 131 STAT. 537]]
office of the national coordinator for health information technology
For expenses necessary for the Office of the National Coordinator
for Health Information Technology, including grants, contracts, and
cooperative agreements for the development and advancement of
interoperable health information technology, $60,367,000.
office of inspector general
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations, in
carrying out the provisions of the Inspector General Act of 1978,
$80,000,000: Provided, That of such amount, necessary sums shall be
available for providing protective services to the Secretary and
investigating non-payment of child support cases for which non-payment
is a Federal offense under 18 U.S.C. 228.
office for civil rights
For expenses necessary for the Office for Civil Rights, $38,798,000.
retirement pay and medical benefits for commissioned officers
For retirement pay and medical benefits of Public Health Service
Commissioned Officers as authorized by law, for payments under the
Retired Serviceman's Family Protection Plan and Survivor Benefit Plan,
and for medical care of dependents and retired personnel under the
Dependents' Medical Care Act, such amounts as may be required during the
current fiscal year.
public health and social services emergency fund
For expenses necessary to support activities related to countering
potential biological, nuclear, radiological, chemical, and cybersecurity
threats to civilian populations, and for other public health
emergencies, $950,958,000, of which $511,700,000 shall remain available
through September 30, 2018, for expenses necessary to support advanced
research and development pursuant to section 319L of the PHS Act and
other administrative expenses of the Biomedical Advanced Research and
Development Authority: Provided, That funds provided under this heading
for the purpose of acquisition of security countermeasures shall be in
addition to any other funds available for such purpose: Provided
further, That products purchased with funds provided under this heading
may, at the discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F-2 of the PHS Act: Provided
further, That $5,000,000 of the amounts made available to support
emergency operations shall remain available through September 30, 2019.
For expenses necessary for procuring security countermeasures (as
defined in section 319F-2(c)(1)(B) of the PHS Act), $510,000,000, to
remain available until expended.
For an additional amount for expenses necessary to prepare for or
respond to an influenza pandemic, $57,000,000; of which
[[Page 131 STAT. 538]]
$40,000,000 shall be available until expended, for activities including
the development and purchase of vaccine, antivirals, necessary medical
supplies, diagnostics, and other surveillance tools: Provided, That
notwithstanding section 496(b) of the PHS Act, funds may be used for the
construction or renovation of privately owned facilities for the
production of pandemic influenza vaccines and other biologics, if the
Secretary finds such construction or renovation necessary to secure
sufficient supplies of such vaccines or biologics.
General Provisions
Sec. 201. Funds appropriated in this title shall be available for
not to exceed $50,000 for official reception and representation expenses
when specifically approved by the Secretary.
Sec. 202. None of the funds appropriated in this title shall be
used to pay the salary of an individual, through a grant or other
extramural mechanism, at a rate in excess of Executive Level II.
Sec. 203. <<NOTE: Reports.>> None of the funds appropriated in this
Act may be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the preparation
and submission of a report by the Secretary to the Committees on
Appropriations of the House of Representatives and the Senate detailing
the planned uses of such funds.
Sec. 204. <<NOTE: Determination. Evaluation.>> Notwithstanding
section 241(a) of the PHS Act, such portion as the Secretary shall
determine, but not more than 2.5 percent, of any amounts appropriated
for programs authorized under such Act shall be made available for the
evaluation (directly, or by grants or contracts) and the implementation
and effectiveness of programs funded in this title.
(transfer of funds)
Sec. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the current fiscal year for HHS in this
Act may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 206. <<NOTE: Time period. Contracts.>> In lieu of the
timeframe specified in section 338E(c)(2) of the PHS Act, terminations
described in such section may occur up to 60 days after the execution of
a contract awarded in fiscal year 2017 under section 338B of such Act.
Sec. 207. <<NOTE: Certification.>> None of the funds appropriated
in this Act may be made available to any entity under title X of the PHS
Act unless the applicant for the award certifies to the Secretary that
it encourages family participation in the decision of minors to seek
family planning services and that it provides counseling to minors on
how to resist attempts to coerce minors into engaging in sexual
activities.
[[Page 131 STAT. 539]]
Sec. 208. Notwithstanding any other provision of law, no provider
of services under title X of the PHS Act shall be exempt from any State
law requiring notification or the reporting of child abuse, child
molestation, sexual abuse, rape, or incest.
Sec. 209. <<NOTE: Abortion. Medicare and Medicaid.>> None of the
funds appropriated by this Act (including funds appropriated to any
trust fund) may be used to carry out the Medicare Advantage program if
the Secretary denies participation in such program to an otherwise
eligible entity (including a Provider Sponsored Organization) because
the entity informs the Secretary that it will not provide, pay for,
provide coverage of, or provide referrals for abortions: Provided, That
the Secretary shall make appropriate prospective adjustments to the
capitation payment to such an entity (based on an actuarially sound
estimate of the expected costs of providing the service to such entity's
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program's coverage for such services
and a Medicare Advantage organization described in this section shall be
responsible for informing enrollees where to obtain information about
all Medicare covered services.
Sec. 210. <<NOTE: Gun control.>> None of the funds made available
in this title may be used, in whole or in part, to advocate or promote
gun control.
Sec. 211. <<NOTE: Children and youth. AIDS.>> The Secretary shall
make available through assignment not more than 60 employees of the
Public Health Service to assist in child survival activities and to work
in AIDS programs through and with funds provided by the Agency for
International Development, the United Nations International Children's
Emergency Fund or the World Health Organization.
Sec. 212. <<NOTE: AIDS. Diseases.>> In order for HHS to carry out
international health activities, including HIV/AIDS and other infectious
disease, chronic and environmental disease, and other health activities
abroad during fiscal year 2017:
(1) The Secretary may exercise authority equivalent to that
available to the Secretary of State in section 2(c) of the State
Department Basic Authorities Act of
1956. <<NOTE: Consultation.>> The Secretary shall consult with
the Secretary of State and relevant Chief of Mission to ensure
that the authority provided in this section is exercised in a
manner consistent with section 207 of the Foreign Service Act of
1980 and other applicable statutes administered by the
Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may be
necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The <<NOTE: Consultation.>> Secretary is authorized, in
consultation with the Secretary of State, through grant or
cooperative agreement, to make available to public or nonprofit
private institutions or agencies in participating foreign
countries, funds to acquire, lease, alter, or renovate
facilities in those countries as necessary to conduct programs
of assistance for international health activities, including
activities relating to HIV/AIDS and other infectious diseases,
chronic and environmental diseases, and other health activities
abroad.
[[Page 131 STAT. 540]]
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad,
allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed by
the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel
under section 5304 of title 5, United States Code if such
personnel's official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter I
of chapter 63 of title 5, United States Code, or section 903 of
the Foreign Service Act of 1980, to individuals serving in the
Foreign Service.
(transfer of funds)
Sec. 213. The Director of the NIH, jointly with the Director of the
Office of AIDS Research, may transfer up to 3 percent among institutes
and centers from the total amounts identified by these two Directors as
funding for research pertaining to the human immunodeficiency virus:
Provided, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
(transfer of funds)
Sec. 214. Of the amounts made available in this Act for NIH, the
amount for research related to the human immunodeficiency virus, as
jointly determined by the Director of NIH and the Director of the Office
of AIDS Research, shall be made available to the ``Office of AIDS
Research'' account. The Director of the Office of AIDS Research shall
transfer from such account amounts necessary to carry out section
2353(d)(3) of the PHS Act.
Sec. 215. (a) Authority.--Notwithstanding any other provision of
law, the Director of NIH (``Director'') may use funds authorized under
section 402(b)(12) of the PHS Act to enter into transactions (other than
contracts, cooperative agreements, or grants) to carry out research
identified pursuant to or research and activities described in such
section 402(b)(12).
(b) <<NOTE: Procedures. Determination. Assessments.>> Peer
Review.--In entering into transactions under subsection (a), the
Director may utilize such peer review procedures (including consultation
with appropriate scientific experts) as the Director determines to be
appropriate to obtain assessments of scientific and technical
merit. <<NOTE: Applicability.>> Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections 301(a)(3),
405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the PHS Act.
Sec. 216. Not to exceed $45,000,000 of funds appropriated by this
Act to the institutes and centers of the National Institutes of Health
may be used for alteration, repair, or improvement of facilities, as
necessary for the proper and efficient conduct of the activities
authorized herein, at not to exceed $3,500,000 per project.
[[Page 131 STAT. 541]]
(transfer of funds)
Sec. 217. Of the amounts made available for NIH, 1 percent of the
amount made available for National Research Service Awards (``NRSA'')
shall be made available to the Administrator of the Health Resources and
Services Administration to make NRSA awards for research in primary
medical care to individuals affiliated with entities who have received
grants or contracts under sections 736, 739, or 747 of the PHS Act, and
1 percent of the amount made available for NRSA shall be made available
to the Director of the Agency for Healthcare Research and Quality to
make NRSA awards for health service research.
Sec. 218. (a) <<NOTE: Contracts.>> The Biomedical Advanced Research
and Development Authority (``BARDA'') may enter into a contract, for
more than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F-2(c)(1)(B) of the PHS Act (42 U.S.C. 247d-
6b(c)(1)(B)), if--
(1) funds are available and obligated--
(A) for the full period of the contract or for the
first fiscal year in which the contract is in effect;
and
(B) for the estimated costs associated with a
necessary termination of the contract; and
(2) <<NOTE: Determination.>> the Secretary determines that a
multi-year contract will serve the best interests of the Federal
Government by encouraging full and open competition or promoting
economy in administration, performance, and operation of BARDA's
programs.
(b) A contract entered into under this section--
(1) shall include a termination clause as described by
subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
Sec. 219. (a) <<NOTE: Public information. Web posting. 42 USC 300u-
11 note. Deadlines.>> The Secretary shall establish a publicly
accessible Web site to provide information regarding the uses of funds
made available under section 4002 of the Patient Protection and
Affordable Care Act of 2010 (``ACA'').
(b) With respect to funds provided under section 4002 of the ACA,
the Secretary shall include on the Web site established under subsection
(a) at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity
receiving funds, the operating division or office that will
administer the funds, and the planned uses of the funds, to be
posted not later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals, or
other announcement or solicitation of proposals for grants,
cooperative agreements, or contracts intended to be awarded
using such funds, to be posted not later than the day after the
announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity of
the recipient, to be posted not later than 5 days after the
award is made.
[[Page 131 STAT. 542]]
(4) <<NOTE: Reports.>> A report detailing the uses of all
funds transferred under section 4002(c) during the fiscal year,
to be posted not later than 90 days after the end of the fiscal
year.
(c) <<NOTE: Time periods. Reports. Deadline.>> With respect to
awards made in fiscal years 2013 through 2017, the Secretary shall also
include on the Web site established under subsection (a), semi-annual
reports from each entity awarded a grant, cooperative agreement, or
contract from such funds with a value of $25,000 or more, summarizing
the activities undertaken and identifying any sub-grants or sub-
contracts awarded (including the purpose of the award and the identity
of the recipient), to be posted not later than 30 days after the end of
each 6-month period.
(d) In carrying out this section, the Secretary shall--
(1) present the information required in subsection (b)(1) on
a single webpage or on a single database;
(2) ensure that all information required in this section is
directly accessible from the single webpage or database; and
(3) ensure that all information required in this section is
able to be organized by program or State.
Sec. 220. (a) <<NOTE: Publication. Web posting. Government
employees. Contracts.>> The Secretary shall publish in the fiscal year
2018 budget justification and on Departmental Web sites information
concerning the employment of full-time equivalent Federal employees or
contractors for the purposes of implementing, administering, enforcing,
or otherwise carrying out the provisions of the ACA, and the amendments
made by that Act, in the proposed fiscal year and each fiscal year since
the enactment of the ACA.
(b) With respect to employees or contractors supported by all funds
appropriated for purposes of carrying out the ACA (and the amendments
made by that Act), the Secretary shall include, at a minimum, the
following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating the
program, project, or activity receiving such funds, the Federal
operating division or office that administers such program, and
the amount of funding received in discretionary or mandatory
appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude from the
report employees or contractors who--
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior to
the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
Sec. 221. <<NOTE: Publication. Medicare and Medicaid. Health
insurance exchanges.>> The Secretary shall publish, as part of the
fiscal year 2018 budget of the President submitted under section 1105(a)
of title 31, United States Code, information that details the uses of
all funds used by the Centers for Medicare and Medicaid Services
specifically for Health Insurance Exchanges for each fiscal year since
the enactment of the ACA and the proposed uses for such funds for fiscal
year 2018. Such information shall include, for each
[[Page 131 STAT. 543]]
such fiscal year, the amount of funds used for each activity specified
under the heading ``Health Insurance Exchange Transparency'' in the
explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act).
Sec. 222. (a) <<NOTE: Notifications.>> The Secretary shall provide
to the Committees on Appropriations of the House of Representatives and
the Senate:
(1) Detailed monthly enrollment figures from the Exchanges
established under the Patient Protection and Affordable Care Act
of 2010 pertaining to enrollments during the open enrollment
period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) <<NOTE: Time period.>> The Committees on Appropriations of the
House and Senate must be notified at least 2 business days in advance of
any public release of enrollment information or the award of such
grants.
Sec. 223. None of the funds made available by this Act from the
Federal Hospital Insurance Trust Fund or the Federal Supplemental
Medical Insurance Trust Fund, or transferred from other accounts funded
by this Act to the ``Centers for Medicare and Medicaid Services--Program
Management'' account, may be used for payments under section 1342(b)(1)
of Public Law 111-148 (relating to risk corridors).
Sec. 224. In addition to the amounts otherwise available for
``Centers for Medicare and Medicaid Services, Program Management'', the
Secretary of Health and Human Services may transfer up to $305,000,000
to such account from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund to support program
management activity related to the Medicare Program: Provided, That
except for the foregoing purpose, such funds may not be used to support
any provision of Public Law 111-148 or Public Law 111-152 (or any
amendment made by either such Public Law) or to supplant any other
amounts within such account.
Sec. 225. <<NOTE: Analysis.>> The Secretary shall include in the
fiscal year 2018 budget justification an analysis of how section 2713 of
the PHS Act will impact eligibility for discretionary HHS programs.
Sec. 226. <<NOTE: Effective date. Time period.>> Effective during
the period beginning on November 1, 2015 and ending January 1, 2019, any
provision of law that refers (including through cross-reference to
another provision of law) to the current recommendations of the United
States Preventive Services Task Force with respect to breast cancer
screening, mammography, and prevention shall be administered by the
Secretary involved as if--
(1) such reference to such current recommendations were a
reference to the recommendations of such Task Force with respect
to breast cancer screening, mammography, and prevention last
issued before 2009; and
(2) such recommendations last issued before 2009 applied to
any screening mammography modality under section 1861(jj) of the
Social Security Act (42 U.S.C. 1395x(jj)).
This title may be cited as the ``Department of Health and Human
Services Appropriations Act, 2017''.
[[Page 131 STAT. 544]]
TITLE III <<NOTE: Department of Education Appropriations Act, 2017.>>
DEPARTMENT OF EDUCATION
Education for the Disadvantaged
For carrying out title I and subpart 2 of part B of title II of the
Elementary and Secondary Education Act of 1965 (referred to in this Act
as ``ESEA'') and section 418A of the Higher Education Act of 1965
(referred to in this Act as ``HEA''), $16,143,790,000, of which
$5,225,990,000 shall become available on July 1, 2017, and shall remain
available through September 30, 2018, and of which $10,841,177,000 shall
become available on October 1, 2017, and shall remain available through
September 30, 2018, for academic year 2017-2018: Provided, That
$6,459,401,000 shall be for basic grants under section 1124 of the ESEA:
Provided further, That up to $5,000,000 of these funds shall be
available to the Secretary of Education (referred to in this title as
``Secretary'') on October 1, 2016, to obtain annually updated local
educational agency-level census poverty data from the Bureau of the
Census: Provided further, That $1,362,301,000 shall be for
concentration grants under section 1124A of the ESEA: Provided further,
That $3,819,050,000 shall be for targeted grants under section 1125 of
the ESEA: Provided further, That $3,819,050,000 shall be for education
finance incentive grants under section 1125A of the ESEA: Provided
further, That $217,000,000 shall be for carrying out subpart 2 of part B
of title II: Provided further, That $44,623,000 shall be for carrying
out section 418A of the HEA.
Impact Aid
For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,328,603,000, of
which $1,189,233,000 shall be for basic support payments under section
7003(b), $48,316,000 shall be for payments for children with
disabilities under section 7003(d), $17,406,000, to remain available for
obligation through September 30, 2018, shall be for construction under
section 7007(b), $68,813,000 shall be for Federal property payments
under section 7002, and $4,835,000, to remain available until expended,
shall be for facilities maintenance under section 7008:
Provided, <<NOTE: Eligibility status.>> That for purposes of computing
the amount of a payment for an eligible local educational agency under
section 7003(a) for school year 2016-2017, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 7003(a)(1)(B) of such Act, but due to the deployment of both
parents or legal guardians, or a parent or legal guardian having sole
custody of such children, or due to the death of a military parent or
legal guardian while on active duty (so long as such children reside on
Federal property as described in section 7003(a)(1)(B)), are no longer
eligible under such section, shall be considered as eligible students
under such section, provided such students remain in average daily
attendance at a school in the same local educational agency they
attended prior to their change in eligibility status.
[[Page 131 STAT. 545]]
School Improvement Programs <<NOTE: Grants.>>
For carrying out school improvement activities authorized by part B
of title I, part A of title II, subpart 1 of part A of title IV, part B
of title IV, part B of title V, and parts B and C of title VI of the
ESEA; the McKinney-Vento Homeless Assistance Act; section 203 of the
Educational Technical Assistance Act of 2002; the Compact of Free
Association Amendments Act of 2003; and the Civil Rights Act of 1964,
$4,408,567,000, of which $2,588,002,000 shall become available on July
1, 2017, and remain available through September 30, 2018, and of which
$1,681,441,000 shall become available on October 1, 2017, and shall
remain available through September 30, 2018, for academic year 2017-
2018: Provided, That $369,100,000 shall be for part B of title I:
Provided further, That $1,191,673,000 shall be for part B of title IV:
Provided further, That $33,397,000 shall be for part B of title VI and
may be used for construction, renovation, and modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department of
Education of the State of Hawaii, that serves a predominantly Native
Hawaiian student body: Provided further, That $32,453,000 shall be for
part C of title VI and shall be awarded on a competitive basis, and also
may be used for construction: Provided further, That $50,000,000 shall
be available to carry out section 203 of the Educational Technical
Assistance Act of 2002 and the Secretary shall make such arrangements as
determined to be necessary to ensure that the Bureau of Indian Education
has access to services provided under this section: Provided further,
That $16,699,000 shall be available to carry out the Supplemental
Education Grants program for the Federated States of Micronesia and the
Republic of the Marshall Islands: Provided further, That the Secretary
may reserve up to 5 percent of the amount referred to in the previous
proviso to provide technical assistance in the implementation of these
grants: Provided further, That $175,840,000 shall be for part B of
title V: Provided further, That $400,000,000 shall be available for
grants under subpart 1 of part A of title IV: Provided further,
That <<NOTE: State and local governments.>> notwithstanding subsections
(a) and (b) of section 4105 of such Act, each State may use funds
reserved under section 4104(a)(1) of such Act to award subgrants, on a
competitive basis, to local educational agencies receiving a grant under
part A of title I, or consortia of such local educational agencies, of
such Act, to enable the agencies or consortia to support activities
authorized under one or more of sections 4107, 4108, and 4109(a) of such
Act: Provided further, That each such subgrant shall be subject to the
same terms and conditions as an allocation provided under section 4105
of such Act, except as otherwise provided in this Act: Provided
further, <<NOTE: State and local governments.>> That each State that
awards such subgrants shall award such subgrants with priority given to
local educational agencies, or consortia of local educational agencies,
with the greatest need based on the number or percentage of children
counted under section 1124(c), in a manner that ensures geographic
diversity among subgrant recipients representing rural, suburban, and
urban areas, and in a manner that distributes the total amount of funds
available to the State under section 4104(a)(1) consistent with the
requirements described in subparagraphs (C) through (E) of section
4106(e)(2) of such Act: Provided further, <<NOTE: Time period.>> That
each such subgrant awarded shall be for a term of one year and in an
amount of
[[Page 131 STAT. 546]]
not less than $10,000, and a subgrant recipient shall not be subject to
any of the distribution requirements described in subparagraphs (C)
through (E) of subsections (e)(2) and (f), of section 4106 of such Act:
Provided further, That notwithstanding section 4109(b) of such Act, a
subgrant recipient using such subgrant funds to carry out only
activities authorized under section 4109(a) of such Act may use not more
than 25 percent of the subgrant funds for purchasing technology
infrastructure as described in such section 4109(b): Provided further,
That amounts made available under this heading to a State agency
awarding such subgrants shall remain available until September 30, 2018.
Indian Education
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $164,939,000, of which
$57,993,000 shall be for subpart 2 of part A of title VI and $6,565,000
shall be for subpart 3 of part A of title VI.
Innovation and Improvement
For carrying out activities authorized by subparts 1, 3 and 4 of
part B of title II, and parts C and D and subparts 1 and 4 of part F of
title IV of the ESEA, $887,575,000: Provided, That $283,015,000 shall
be for subparts 1, 3 and 4 of part B of title II and shall be made
available without regard to sections 2201, 2231(b) and 2241: Provided
further, That $504,560,000 shall be for parts C and D and subpart 4 of
part F of title IV, and shall be made available without regard to
sections 4311, 4409(a), and 4601 of the ESEA: Provided further, That
section 4303(d)(3)(A)(i) shall not apply to the funds available for part
C of title IV: Provided further, That of the funds available for part C
of title IV, the Secretary shall use not less than $26,000,000 to carry
out section 4304, of which not more than $10,000,000 shall be available
to carry out section 4304(k), not more than $100,000,000 to carry out
section 4305(b), and not less than $11,000,000 to carry out the
activities in section 4305(a)(3): Provided further, That
notwithstanding section 4601(b), $100,000,000 shall be available through
December 31, 2017 for subpart 1 of part F of title IV.
Safe Schools and Citizenship Education
For carrying out activities authorized by subparts 2 and 3 of part F
of title IV of the ESEA, $151,254,000: Provided, That $68,000,000 shall
be available for section 4631, of which up to $5,000,000, to remain
available until expended, shall be for the Project School Emergency
Response to Violence (``Project SERV'') program to provide education-
related services to local educational agencies and institutions of
higher education in which the learning environment has been disrupted
due to a violent or traumatic crisis: Provided further, That
$10,000,000 shall be available for section 4625: Provided further, That
$73,254,000 shall be available through December 31, 2017, for section
4624: Provided further, That <<NOTE: Applicability.>> section 4623(b)
of the ESEA shall apply to funds appropriated for Promise Neighborhoods
under this heading in prior appropriations acts.
[[Page 131 STAT. 547]]
English Language Acquisition
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2017, and shall remain available
through September 30, 2018, except that 6.5 percent of such amount shall
be available on October 1, 2016, and shall remain available through
September 30, 2018, to carry out activities under section 3111(c)(1)(C).
Special Education
For carrying out the Individuals with Disabilities Education Act
(IDEA) and the Special Olympics Sport and Empowerment Act of 2004,
$13,064,358,000, of which $3,546,259,000 shall become available on July
1, 2017, and shall remain available through September 30, 2018, and of
which $9,283,383,000 shall become available on October 1, 2017, and
shall remain available through September 30, 2018, for academic year
2017-2018: Provided, That the amount for section 611(b)(2) of the IDEA
shall be equal to the lesser of the amount available for that activity
during fiscal year 2016, increased by the amount of inflation as
specified in section 619(d)(2)(B) of the IDEA, or the percent change in
the funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2016: Provided
further, That the Secretary shall, without regard to section 611(d) of
the IDEA, distribute to all other States (as that term is defined in
section 611(g)(2)), subject to the third proviso, any amount by which a
State's allocation under section 611, from funds appropriated under this
heading, is reduced under section 612(a)(18)(B), according to the
following: 85 percent on the basis of the States' relative populations
of children aged 3 through 21 who are of the same age as children with
disabilities for whom the State ensures the availability of a free
appropriate public education under this part, and 15 percent to States
on the basis of the States' relative populations of those children who
are living in poverty: Provided further, That the Secretary may not
distribute any funds under the previous proviso to any State whose
reduction in allocation from funds appropriated under this heading made
funds available for such a distribution: Provided further, That the
States shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided
further, <<NOTE: 20 USC 1411 note.>> That the amount by which a State's
allocation under section 611(d) of the IDEA is reduced under section
612(a)(18)(B) and the amounts distributed to States under the previous
provisos in fiscal year 2012 or any subsequent year shall not be
considered in calculating the awards under section 611(d) for fiscal
year 2013 or for any subsequent fiscal years: Provided further, That,
notwithstanding the provision in section 612(a)(18)(B) regarding the
fiscal year in which a State's allocation under section 611(d) is
reduced for failure to comply with the requirement of section
612(a)(18)(A), the Secretary may apply the reduction specified in
section 612(a)(18)(B) over a period of consecutive fiscal years, not to
exceed five, until the entire reduction is applied: Provided
further, <<NOTE: 20 USC 1411 note.>> That the Secretary may, in any
fiscal year in which a State's allocation under section 611 is reduced
in accordance with section 612(a)(18)(B), reduce the amount a State may
reserve under section 611(e)(1) by an amount that bears the same
relation to the maximum amount described in that paragraph as the
reduction under
[[Page 131 STAT. 548]]
section 612(a)(18)(B) bears to the total allocation the State would have
received in that fiscal year under section 611(d) in the absence of the
reduction: Provided further, That the Secretary shall either reduce the
allocation of funds under section 611 for any fiscal year following the
fiscal year for which the State fails to comply with the requirement of
section 612(a)(18)(A) as authorized by section 612(a)(18)(B), or seek to
recover funds under section 452 of the General Education Provisions Act
(20 U.S.C. 1234a): Provided further, That the funds reserved under
611(c) of the IDEA may be used to provide technical assistance to States
to improve the capacity of the States to meet the data collection
requirements of sections 616 and 618 and to administer and carry out
other services and activities to improve data collection, coordination,
quality, and use under parts B and C of the IDEA: Provided further,
That the Secretary may use funds made available for the State Personnel
Development Grants program under part D, subpart 1 of IDEA to evaluate
program performance under such subpart.
Rehabilitation Services
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center Act,
$3,535,589,000, of which $3,398,554,000 shall be for grants for
vocational rehabilitation services under title I of the Rehabilitation
Act: Provided, That the Secretary may use amounts provided in this Act
that remain available subsequent to the reallotment of funds to States
pursuant to section 110(b) of the Rehabilitation Act for innovative
activities aimed at improving the outcomes of individuals with
disabilities as defined in section 7(20)(B) of the Rehabilitation Act,
including activities aimed at improving the education and post-school
outcomes of children receiving Supplemental Security Income (``SSI'')
and their families that may result in long-term improvement in the SSI
child recipient's economic status and self-sufficiency: Provided
further, <<NOTE: State and local governments. Grants.>> That States may
award subgrants for a portion of the funds to other public and private,
nonprofit entities: Provided further, That any funds made available
subsequent to reallotment for innovative activities aimed at improving
the outcomes of individuals with disabilities shall remain available
until September 30, 2018.
Special Institutions for Persons With Disabilities
american printing house for the blind
For carrying out the Act to promote the Education of the Blind of
March 3, 1879, $25,431,000.
national technical institute for the deaf
For the National Technical Institute for the Deaf under titles I and
II of the Education of the Deaf Act of 1986, $70,016,000: Provided,
That from the total amount available, the Institute may at its
discretion use funds for the endowment program as authorized under
section 207 of such Act.
[[Page 131 STAT. 549]]
gallaudet university
For the Kendall Demonstration Elementary School, the Model Secondary
School for the Deaf, and the partial support of Gallaudet University
under titles I and II of the Education of the Deaf Act of 1986,
$121,275,000: Provided, That from the total amount available, the
University may at its discretion use funds for the endowment program as
authorized under section 207 of such Act.
Career, Technical, and Adult Education
For carrying out, to the extent not otherwise provided, the Carl D.
Perkins Career and Technical Education Act of 2006 and the Adult
Education and Family Literacy Act (``AEFLA''), $1,720,686,000, of which
$929,686,000 shall become available on July 1, 2017, and shall remain
available through September 30, 2018, and of which $791,000,000 shall
become available on October 1, 2017, and shall remain available through
September 30, 2018: Provided, That of the amounts made available for
AEFLA, $13,712,000 shall be for national leadership activities under
section 242.
Student Financial Assistance
For carrying out subparts 1, 3, and 10 of part A, and part C of
title IV of the HEA, $24,198,210,000, which shall remain available
through September 30, 2018.
The <<NOTE: 20 USC 1070a note.>> maximum Pell Grant for which a
student shall be eligible during award year 2017-2018 shall be $4,860.
Student Aid Administration
For Federal administrative expenses to carry out part D of title I,
and subparts 1, 3, 9, and 10 of part A, and parts B, C, D, and E of
title IV of the HEA, and subpart 1 of part A of title VII of the Public
Health Service Act, $1,576,854,000, to remain available through
September 30, 2018: Provided, That the Secretary shall allocate new
student loan borrower accounts to eligible student loan servicers on the
basis of their performance compared to all loan servicers utilizing
established common metrics, and on the basis of the capacity of each
servicer to process new and existing accounts: Provided
further, <<NOTE: Deadline. 20 USC 1078-3 note.>> That the Secretary
shall, no later than September 30, 2017, allow student loan borrowers
who are consolidating Federal student loans to select from any student
loan servicer to service their new consolidated student loan.
Higher Education
For carrying out, to the extent not otherwise provided, titles II,
III, IV, V, VI, and VII of the HEA, the Mutual Educational and Cultural
Exchange Act of 1961, and section 117 of the Carl D. Perkins Career and
Technical Education Act of 2006, $2,055,439,000: Provided, That
notwithstanding any other provision of law, funds made available in this
Act to carry out title VI of the HEA and section 102(b)(6) of the Mutual
Educational and Cultural Exchange Act of 1961 may be used to support
visits and study in foreign countries by individuals who are
participating
[[Page 131 STAT. 550]]
in advanced foreign language training and international studies in areas
that are vital to United States national security and who plan to apply
their language skills and knowledge of these countries in the fields of
government, the professions, or international development: Provided
further, That of the funds referred to in the preceding proviso up to 1
percent may be used for program evaluation, national outreach, and
information dissemination activities: Provided further, That up to 1.5
percent of the funds made available under chapter 2 of subpart 2 of part
A of title IV of the HEA may be used for evaluation : Provided
further, <<NOTE: Grants. Deadlines.>> That, in making awards under
section 402C of the HEA with funds appropriated by this Act, the
Secretary shall announce new grant awards for which the notice inviting
applications was published in the Federal Register on October 17, 2016
(81 F.R. 71,492) by June 1, 2017, and for all other new grant awards
under such section by August 1, 2017: Provided
further, <<NOTE: Notifications. Deadline.>> That, in making continuation
grant awards under subpart 2 of chapter 1 of part A of title IV of the
HEA with funds appropriated by this Act, the Secretary shall issue
continuation notifications no later than August 1, 2017.
Howard University
For partial support of Howard University, $221,821,000, of which not
less than $3,405,000 shall be for a matching endowment grant pursuant to
the Howard University Endowment Act and shall remain available until
expended.
College Housing and Academic Facilities Loans Program
For Federal administrative expenses to carry out activities related
to existing facility loans pursuant to section 121 of the HEA, $435,000.
Historically Black College and University Capital Financing Program
Account
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain available
through September 30, 2018: Provided, That such costs, including the
cost of modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these funds
are available to subsidize total loan principal, any part of which is to
be guaranteed, not to exceed $282,212,885: Provided further, That these
funds may be used to support loans to public and private Historically
Black Colleges and Universities without regard to the limitations within
section 344(a) of the HEA.
In addition, for administrative expenses to carry out the
Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
Institute of Education Sciences
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational Progress
Authorization Act, section 208 of the Educational Technical Assistance
Act of 2002, and section 664 of the Individuals with
[[Page 131 STAT. 551]]
Disabilities Education Act, $605,267,000, which shall remain available
through September 30, 2018: Provided, That funds available to carry out
section 208 of the Educational Technical Assistance Act may be used to
link Statewide elementary and secondary data systems with early
childhood, postsecondary, and workforce data systems, or to further
develop such systems: Provided further, That up to $6,000,000 of the
funds available to carry out section 208 of the Educational Technical
Assistance Act may be used for awards to public or private organizations
or agencies to support activities to improve data coordination, quality,
and use at the local, State, and national levels.
Departmental Management
program administration
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference
rooms in the District of Columbia and hire of three passenger motor
vehicles, $432,000,000, of which up to $1,000,000, to remain available
until expended, may be for relocation of, and renovation of buildings
occupied by, Department staff: Provided, That $2,000,000 of the
unobligated funds available under this heading and ``Student Aid
Administration'' in this and prior appropriations acts that may be used
for travel, printing, supplies and other administrative expenses shall
be available for obligation for the Ready to Learn program.
office for civil rights
For expenses necessary for the Office for Civil Rights, as
authorized by section 203 of the Department of Education Organization
Act, $108,500,000.
office of inspector general
For expenses necessary for the Office of Inspector General, as
authorized by section 212 of the Department of Education Organization
Act, $59,256,000.
General Provisions
Sec. 301. <<NOTE: Desegregation.>> No funds appropriated in this
Act may be used for the transportation of students or teachers (or for
the purchase of equipment for such transportation) in order to overcome
racial imbalance in any school or school system, or for the
transportation of students or teachers (or for the purchase of equipment
for such transportation) in order to carry out a plan of racial
desegregation of any school or school system.
Sec. 302. None of the funds contained in this Act shall be used to
require, directly or indirectly, the transportation of any student to a
school other than the school which is nearest the student's home, except
for a student requiring special education, to the school offering such
special education, in order to comply with title VI of the Civil Rights
Act of 1964. For the purpose of this section an indirect requirement of
transportation of students includes the transportation of students to
carry out a plan involving the reorganization of the grade structure of
schools, the pairing
[[Page 131 STAT. 552]]
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in this
section does not include the establishment of magnet schools.
Sec. 303. <<NOTE: Voluntary prayer. Meditation.>> No funds
appropriated in this Act may be used to prevent the implementation of
programs of voluntary prayer and meditation in the public schools.
(transfer of funds)
Sec. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control Act of
1985) which are appropriated for the Department of Education in this Act
may be transferred between appropriations, but no such appropriation
shall be increased by more than 3 percent by any such transfer:
Provided, That the transfer authority granted by this section shall not
be used to create any new program or to fund any project or activity for
which no funds are provided in this Act: Provided
further, <<NOTE: Notification. Time period.>> That the Committees on
Appropriations of the House of Representatives and the Senate are
notified at least 15 days in advance of any transfer.
Sec. 305. <<NOTE: Applicability. 48 USC 1921d note.>> Section
105(f)(1)(B)(ix) of the Compact of Free Association Amendments Act of
2003 (48 U.S.C. 1921d(f)(1)(B)(ix)) shall be applied by substituting
``2017'' for ``2016''.
Sec. 306. <<NOTE: Time period.>> Funds appropriated in this Act and
consolidated for evaluation purposes under section 8601(c) of the ESEA
shall be available from July 1, 2017, through September 30, 2018.
Sec. 307. (a) An institution of higher education that maintains an
endowment fund supported with funds appropriated for title III or V of
the HEA for fiscal year 2017 may use the income from that fund to award
scholarships to students, subject to the limitation in section
331(c)(3)(B)(i) of the HEA. The use of such income for such purposes,
prior to the enactment of this Act, shall be considered to have been an
allowable use of that income, subject to that limitation.
(b) <<NOTE: Effective date.>> Subsection (a) shall be in effect
until titles III and V of the HEA are reauthorized.
Sec. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is amended
by striking ``2016'' and inserting ``2017''.
Sec. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is amended
in paragraph (4) by striking ``2016'' and inserting ``2017''.
(including rescission)
Sec. 310. (a) Section 401(b) of the Higher Education Act of 1965
(20 U.S.C. 1070a(b)) is amended by adding at the end the following:
``(8)(A) <<NOTE: Effective date. Grants.>> Effective in the
2017-2018 award year and thereafter, the Secretary shall award
an eligible student not more than one and one-half Federal Pell
Grants during a single award year to permit such student to work
toward completion of an eligible program if, during that single
award year, the student--
``(i) has received a Federal Pell Grant for an
award year and is enrolled in an eligible program
for one or more additional payment periods during
the same award year that are not otherwise fully
covered by the student's Federal Pell Grant; and
[[Page 131 STAT. 553]]
``(ii) is enrolled on at least a half-time
basis while receiving any funds under this
section.
``(B) In the case of a student receiving more than
one Federal Pell Grant in a single award year under
subparagraph (A), the total amount of Federal Pell
Grants awarded to such student for the award year may
exceed the maximum basic grant level specified in the
appropriate appropriations Act for such award year.
``(C) Any period of study covered by a Federal Pell
Grant awarded under subparagraph (A) shall be included
in determining a student's duration limit under
subsection (c)(5).
``(D) In any case where an eligible student is
receiving a Federal Pell Grant for a payment period that
spans two award years, the Secretary shall allow the
eligible institution in which the student is enrolled to
determine the award year to which the additional period
shall be assigned, as it determines is most beneficial
to students.''.
(b) Section 401(b)(7)(A)(iv)(VII) of the Higher Education Act of
1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VII)) is amended by striking
``$1,574,000,000'' and inserting ``$1,320,000,000''.
(rescission)
Sec. 311. Of the unobligated balances available from Public Law
114-113 under the heading ``Student Financial Assistance'' for carrying
out subpart 1 of part A of title IV of the HEA, $1,310,000,000 are
hereby rescinded.
This title may be cited as the ``Department of Education
Appropriations Act, 2017''.
TITLE IV
RELATED AGENCIES
Committee for Purchase From People Who Are Blind or Severely Disabled
salaries and expenses
For expenses necessary for the Committee for Purchase From People
Who Are Blind or Severely Disabled established under section 8502 of
title 41, United States Code, $8,000,000: Provided,
That <<NOTE: Contracts.>> in order to authorize any central nonprofit
agency designated pursuant to section 8503(c) of title 41, United States
Code, to perform contract requirements of the Committee as prescribed
under section 51-3.2 of title 41, Code of Federal Regulations, the
Committee shall enter into a written agreement with any such central
nonprofit agency: Provided further, That such agreement entered into
under the preceding proviso shall contain such auditing, oversight, and
reporting provisions as necessary to implement chapter 85 of title 41,
United States Code: Provided further, That such agreement shall include
the elements listed under this heading in the explanatory statement
accompanying Public Law 114-113: Provided further, That a fee may not
be charged under section 51-3.5 of title 41, Code of Federal
Regulations, unless such fee is under the terms of the written agreement
between the Committee and any such central nonprofit agency: Provided
further,
[[Page 131 STAT. 554]]
That no less than $1,000,000 shall be available for the Office of
Inspector General.
Corporation for National and Community Service
operating expenses
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ``CNCS'') to carry out
the Domestic Volunteer Service Act of 1973 (referred to in this title as
``1973 Act'') and the National and Community Service Act of 1990
(referred to in this title as ``1990 Act''), $736,029,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds may be
used to defray the costs of conducting grant application reviews,
including the use of outside peer reviewers and electronic management of
the grants cycle; (2) $16,538,000 shall be available to provide
assistance to State commissions on national and community service, under
section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B)
of the 1990 Act; (3) $30,000,000 shall be available to carry out
subtitle E of the 1990 Act; and (4) $3,800,000 shall be available for
expenses authorized under section 501(a)(4)(F) of the 1990 Act, which,
notwithstanding the provisions of section 198P shall be awarded by CNCS
on a competitive basis: Provided further, That for the purposes of
carrying out the 1990 Act, satisfying the requirements in section
122(c)(1)(D) may include a determination of need by the local community.
payment to the national service trust
(including transfer of funds)
For payment to the National Service Trust established under subtitle
D of title I of the 1990 Act, $206,842,000, to remain available until
expended: Provided, <<NOTE: Determination. Notification.>> That CNCS
may transfer additional funds from the amount provided within
``Operating Expenses'' allocated to grants under subtitle C of title I
of the 1990 Act to the National Service Trust upon determination that
such transfer is necessary to support the activities of national service
participants and after notice is transmitted to the Committees on
Appropriations of the House of Representatives and the Senate: Provided
further, That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the 1990 Act
without regard to the requirement to apportion funds under 31 U.S.C.
1513(b).
salaries and expenses
For necessary expenses of administration as provided under section
501(a)(5) of the 1990 Act and under section 504(a) of the 1973 Act,
including payment of salaries, authorized travel, hire of passenger
motor vehicles, the rental of conference rooms in the District of
Columbia, the employment of experts and consultants authorized under 5
U.S.C. 3109, and not to exceed $2,500 for official reception and
representation expenses, $81,737,000.
[[Page 131 STAT. 555]]
office of inspector general
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
administrative provisions
Sec. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice and
comment rulemaking. For fiscal year 2017, during any grant selection
process, an officer or employee of CNCS shall not knowingly disclose any
covered grant selection information regarding such selection, directly
or indirectly, to any person other than an officer or employee of CNCS
that is authorized by CNCS to receive such information.
Sec. 402. <<NOTE: 42 USC 12571 note.>> AmeriCorps programs
receiving grants under the National Service Trust program shall meet an
overall minimum share requirement of 24 percent for the first 3 years
that they receive AmeriCorps funding, and thereafter shall meet the
overall minimum share requirement as provided in section 2521.60 of
title 45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support Federal
share limitations in section 140 of the 1990 Act, and subject to partial
waiver consistent with section 2521.70 of title 45, Code of Federal
Regulations.
Sec. 403. Donations made to CNCS under section 196 of the 1990 Act
for the purposes of financing programs and operations under titles I and
II of the 1973 Act or subtitle B, C, D, or E of title I of the 1990 Act
shall be used to supplement and not supplant current programs and
operations.
Sec. 404. In addition to the requirements in section 146(a) of the
1990 Act, use of an educational award for the purpose described in
section 148(a)(4) shall be limited to individuals who are veterans as
defined under section 101 of the Act.
Sec. 405. For the purpose of carrying out section 189D of the 1990
Act--
(1) entities described in paragraph (a) of such section
shall be considered ``qualified entities'' under section 3 of
the National Child Protection Act of 1993 (``NCPA'');
(2) individuals described in such section shall be
considered ``volunteers'' under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are
authorized to receive criminal history record information,
consistent with Public Law 92-544.
Corporation for Public Broadcasting
For payment to the Corporation for Public Broadcasting (``CPB''), as
authorized by the Communications Act of 1934, an amount which shall be
available within limitations specified by that Act, for the fiscal year
2019, $445,000,000: Provided, That none of the funds made available to
CPB by this Act shall be used to pay for receptions, parties, or similar
forms of entertainment for Government officials or employees: Provided
further, That none of the funds made available to CPB by this Act shall
be available or used to aid or support any program or activity from
which any person is excluded, or is denied benefits, or is discriminated
[[Page 131 STAT. 556]]
against, on the basis of race, color, national origin, religion, or sex:
Provided further, That none of the funds made available to CPB by this
Act shall be used to apply any political test or qualification in
selecting, appointing, promoting, or taking any other personnel action
with respect to officers, agents, and employees of CPB: Provided
further, That none of the funds made available to CPB by this Act shall
be used to support the Television Future Fund or any similar purpose.
In addition, for the costs associated with replacing and upgrading
the public broadcasting interconnection system, $50,000,000.
Federal Mediation and Conciliation Service
salaries and expenses
For expenses necessary for the Federal Mediation and Conciliation
Service (``Service'') to carry out the functions vested in it by the
Labor-Management Relations Act, 1947, including hire of passenger motor
vehicles; for expenses necessary for the Labor-Management Cooperation
Act of 1978; and for expenses necessary for the Service to carry out the
functions vested in it by the Civil Service Reform Act, $46,650,000,
including up to $900,000 to remain available through September 30, 2018,
for activities authorized by the Labor-Management Cooperation Act of
1978: Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other
conflict resolution services and technical assistance, including those
provided to foreign governments and international organizations, and for
arbitration services shall be credited to and merged with this account,
and shall remain available until expended: Provided further, That fees
for arbitration services shall be available only for education,
training, and professional development of the agency workforce:
Provided further, That the Director of the Service is authorized to
accept and use on behalf of the United States gifts of services and
real, personal, or other property in the aid of any projects or
functions within the Director's jurisdiction.
Federal Mine Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Federal Mine Safety and Health Review
Commission, $17,184,000.
Institute of Museum and Library Services
office of museum and library services: grants and administration
For carrying out the Museum and Library Services Act of 1996 and the
National Museum of African American History and Culture Act,
$231,000,000.
[[Page 131 STAT. 557]]
Medicaid and CHIP Payment and Access Commission
salaries and expenses
For expenses necessary to carry out section 1900 of the Social
Security Act, $7,765,000.
Medicare Payment Advisory Commission
salaries and expenses
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,925,000, to be transferred to this appropriation from
the Federal Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund.
National Council on Disability
salaries and expenses
For expenses necessary for the National Council on Disability as
authorized by title IV of the Rehabilitation Act of 1973, $3,250,000.
National Labor Relations Board
salaries and expenses
For expenses necessary for the National Labor Relations Board to
carry out the functions vested in it by the Labor-Management Relations
Act, 1947, and other laws, $274,224,000: Provided, That no part of this
appropriation shall be available to organize or assist in organizing
agricultural laborers or used in connection with investigations,
hearings, directives, or orders concerning bargaining units composed of
agricultural laborers as referred to in section 2(3) of the Act of July
5, 1935, and as amended by the Labor-Management Relations Act, 1947, and
as defined in section 3(f) of the Act of June 25, 1938, and including in
said definition employees engaged in the maintenance and operation of
ditches, canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water stored
or supplied thereby is used for farming purposes.
administrative provisions
Sec. 406. None of the funds provided by this Act or previous Acts
making appropriations for the National Labor Relations Board may be used
to issue any new administrative directive or regulation that would
provide employees any means of voting through any electronic means in an
election to determine a representative for the purposes of collective
bargaining.
National Mediation Board
salaries and expenses
For expenses necessary to carry out the provisions of the Railway
Labor Act, including emergency boards appointed by the President,
$13,800,000.
[[Page 131 STAT. 558]]
Occupational Safety and Health Review Commission
salaries and expenses
For expenses necessary for the Occupational Safety and Health Review
Commission, $13,225,000.
Railroad Retirement Board
dual benefits payments account
For payment to the Dual Benefits Payments Account, authorized under
section 15(d) of the Railroad Retirement Act of 1974, $25,000,000, which
shall include amounts becoming available in fiscal year 2017 pursuant to
section 224(c)(1)(B) of Public Law 98-76; and in addition, an amount,
not to exceed 2 percent of the amount provided herein, shall be
available proportional to the amount by which the product of recipients
and the average benefit received exceeds the amount available for
payment of vested dual benefits: Provided, That the total amount
provided herein shall be credited in 12 approximately equal amounts on
the first day of each month in the fiscal year.
federal payments to the railroad retirement accounts
For payment to the accounts established in the Treasury for the
payment of benefits under the Railroad Retirement Act for interest
earned on unnegotiated checks, $150,000, to remain available through
September 30, 2018, which shall be the maximum amount available for
payment pursuant to section 417 of Public Law 98-76.
limitation on administration
For necessary expenses for the Railroad Retirement Board (``Board'')
for administration of the Railroad Retirement Act and the Railroad
Unemployment Insurance Act, $113,500,000, to be derived in such amounts
as determined by the Board from the railroad retirement accounts and
from moneys credited to the railroad unemployment insurance
administration fund: Provided, That notwithstanding section 7(b)(9) of
the Railroad Retirement Act this limitation may be used to hire
attorneys only through the excepted service: Provided further, That the
previous proviso shall not change the status under Federal employment
laws of any attorney hired by the Railroad Retirement Board prior to
January 1, 2013.
limitation on the office of inspector general
For expenses necessary for the Office of Inspector General for
audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $10,000,000, to be derived
from the railroad retirement accounts and railroad unemployment
insurance account.
[[Page 131 STAT. 559]]
Social Security Administration
payments to social security trust funds
For payment to the Federal Old-Age and Survivors Insurance Trust
Fund and the Federal Disability Insurance Trust Fund, as provided under
sections 201(m) and 1131(b)(2) of the Social Security Act, $11,400,000.
supplemental security income program
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92-603, section 212 of Public Law 93-66, as
amended, and section 405 of Public Law 95-216, including payment to the
Social Security trust funds for administrative expenses incurred
pursuant to section 201(g)(1) of the Social Security Act,
$43,618,163,000, to remain available until expended: Provided, That any
portion of the funds provided to a State in the current fiscal year and
not obligated by the State during that year shall be returned to the
Treasury: Provided further, That not more than $58,000,000 shall be
available for research and demonstrations under sections 1110, 1115, and
1144 of the Social Security Act, and remain available through September
30, 2019.
For <<NOTE: Effective date.>> making, after June 15 of the current
fiscal year, benefit payments to individuals under title XVI of the
Social Security Act, for unanticipated costs incurred for the current
fiscal year, such sums as may be necessary.
For making benefit payments under title XVI of the Social Security
Act for the first quarter of fiscal year 2018, $15,000,000,000, to
remain available until expended.
limitation on administrative expenses
For necessary expenses, including the hire of two passenger motor
vehicles, and not to exceed $20,000 for official reception and
representation expenses, not more than $12,357,945,000 may be expended,
as authorized by section 201(g)(1) of the Social Security Act, from any
one or all of the trust funds referred to in such section: Provided,
That not less than $2,300,000 shall be for the Social Security Advisory
Board: Provided further, That, $90,000,000 to remain available through
September 30, 2018, shall be used for activities to address the hearing
backlog within the Office of Disability Adjudication and Review:
Provided further, That unobligated balances of funds provided under this
paragraph at the end of fiscal year 2017 not needed for fiscal year 2017
shall remain available until expended to invest in the Social Security
Administration information technology and telecommunications hardware
and software infrastructure, including related equipment and non-payroll
administrative expenses associated solely with this information
technology and telecommunications infrastructure: Provided
further, <<NOTE: Notification.>> That the Commissioner of Social
Security shall notify the Committees on Appropriations of the House of
Representatives and the Senate prior to making unobligated balances
available under the authority in the previous proviso: Provided
further, That reimbursement to the trust funds under this heading for
expenditures for official time for employees of the Social Security
Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations,
[[Page 131 STAT. 560]]
or procedures referred to in section 7135(b) of such title shall be made
by the Secretary of the Treasury, with interest, from amounts in the
general fund not otherwise appropriated, as soon as possible after such
expenditures are made.
Of the total amount made available under this heading, not more than
$1,819,000,000, to remain available through March 31, 2018, is for the
costs associated with continuing disability reviews under titles II and
XVI of the Social Security Act, including work-related continuing
disability reviews to determine whether earnings derived from services
demonstrate an individual's ability to engage in substantial gainful
activity, for the cost associated with conducting redeterminations of
eligibility under title XVI of the Social Security Act, for the cost of
co-operative disability investigation units, and for the cost associated
with the prosecution of fraud in the programs and operations of the
Social Security Administration by Special Assistant United States
Attorneys: Provided, That, of such amount, $273,000,000 is provided to
meet the terms of section 251(b)(2)(B)(ii)(III) of the Balanced Budget
and Emergency Deficit Control Act of 1985, as amended, and
$1,546,000,000 is additional new budget authority specified for purposes
of section 251(b)(2)(B) of such Act: Provided
further, <<NOTE: Reports.>> That the Commissioner shall provide to the
Congress (at the conclusion of the fiscal year) a report on the
obligation and expenditure of these funds, similar to the reports that
were required by section 103(d)(2) of Public Law 104-121 for fiscal
years 1996 through 2002.
In addition, $123,000,000 to be derived from administration fees in
excess of $5.00 per supplementary payment collected pursuant to section
1616(d) of the Social Security Act or section 212(b)(3) of Public Law
93-66, which shall remain available until expended. To the extent that
the amounts collected pursuant to such sections in fiscal year 2017
exceed $123,000,000, the amounts shall be available in fiscal year 2018
only to the extent provided in advance in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act, which
shall remain available until expended.
office of inspector general
(including transfer of funds)
For expenses necessary for the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$29,787,000, together with not to exceed $75,713,000, to be transferred
and expended as authorized by section 201(g)(1) of the Social Security
Act from the Federal Old-Age and Survivors Insurance Trust Fund and the
Federal Disability Insurance Trust Fund.
In addition, an amount not to exceed 3 percent of the total provided
in this appropriation may be transferred from the ``Limitation on
Administrative Expenses'', Social Security Administration, to be merged
with this account, to be available for the time and purposes for which
this account is available: Provided, <<NOTE: Notification. Time
period.>> That notice of such transfers shall be transmitted promptly to
the Committees on Appropriations of the House of Representatives and the
Senate at least 15 days in advance of any transfer.
[[Page 131 STAT. 561]]
TITLE V
GENERAL PROVISIONS
(transfer of funds)
Sec. 501. The Secretaries of Labor, Health and Human Services, and
Education are authorized to transfer unexpended balances of prior
appropriations to accounts corresponding to current appropriations
provided in this Act. Such transferred balances shall be used for the
same purpose, and for the same periods of time, for which they were
originally appropriated.
Sec. 502. No part of any appropriation contained in this Act shall
remain available for obligation beyond the current fiscal year unless
expressly so provided herein.
Sec. 503. <<NOTE: Lobbying.>> (a) No part of any appropriation
contained in this Act or transferred pursuant to section 4002 of Public
Law 111-148 shall be used, other than for normal and recognized
executive-legislative relationships, for publicity or propaganda
purposes, for the preparation, distribution, or use of any kit,
pamphlet, booklet, publication, electronic communication, radio,
television, or video presentation designed to support or defeat the
enactment of legislation before the Congress or any State or local
legislature or legislative body, except in presentation to the Congress
or any State or local legislature itself, or designed to support or
defeat any proposed or pending regulation, administrative action, or
order issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or local
government itself.
(b) <<NOTE: Contracts.>> No part of any appropriation contained in
this Act or transferred pursuant to section 4002 of Public Law 111-148
shall be used to pay the salary or expenses of any grant or contract
recipient, or agent acting for such recipient, related to any activity
designed to influence the enactment of legislation, appropriations,
regulation, administrative action, or Executive order proposed or
pending before the Congress or any State government, State legislature
or local legislature or legislative body, other than for normal and
recognized executive-legislative relationships or participation by an
agency or officer of a State, local or tribal government in policymaking
and administrative processes within the executive branch of that
government.
(c) <<NOTE: Gun control.>> The prohibitions in subsections (a) and
(b) shall include any activity to advocate or promote any proposed,
pending or future Federal, State or local tax increase, or any proposed,
pending, or future requirement or restriction on any legal consumer
product, including its sale or marketing, including but not limited to
the advocacy or promotion of gun control.
Sec. 504. The Secretaries of Labor and Education are authorized to
make available not to exceed $28,000 and $20,000, respectively, from
funds available for salaries and expenses under titles I and III,
respectively, for official reception and representation expenses; the
Director of the Federal Mediation and Conciliation Service is authorized
to make available for official reception and representation expenses not
to exceed $5,000 from the funds available for ``Federal Mediation and
Conciliation Service, Salaries and Expenses''; and the Chairman of the
National Mediation Board
[[Page 131 STAT. 562]]
is authorized to make available for official reception and
representation expenses not to exceed $5,000 from funds available for
``National Mediation Board, Salaries and Expenses''.
Sec. 505. When issuing statements, press releases, requests for
proposals, bid solicitations and other documents describing projects or
programs funded in whole or in part with Federal money, all grantees
receiving Federal funds included in this Act, including but not limited
to State and local governments and recipients of Federal research
grants, shall clearly state--
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project or
program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
Sec. 506. (a) <<NOTE: Abortion.>> None of the funds appropriated in
this Act, and none of the funds in any trust fund to which funds are
appropriated in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of the
funds in any trust fund to which funds are appropriated in this Act,
shall be expended for health benefits coverage that includes coverage of
abortion.
(c) <<NOTE: Definition.>> The term ``health benefits coverage''
means the package of services covered by a managed care provider or
organization pursuant to a contract or other arrangement.
Sec. 507. (a) <<NOTE: Abortion.>> The limitations established in the
preceding section shall not apply to an abortion--
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a
life-endangering physical condition caused by or arising from
the pregnancy itself, that would, as certified by a physician,
place the woman in danger of death unless an abortion is
performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State's or
locality's contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State's or locality's contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be made
available to a Federal agency or program, or to a State or local
government, if such agency, program, or government subjects any
institutional or individual health care entity to discrimination on the
basis that the health care entity does not provide, pay for, provide
coverage of, or refer for abortions.
(2) <<NOTE: Definition.>> In this subsection, the term ``health care
entity'' includes an individual physician or other health care
professional, a hospital, a provider-sponsored organization, a health
maintenance organization, a health insurance plan, or any other kind of
health care facility, organization, or plan.
[[Page 131 STAT. 563]]
Sec. 508. (a) <<NOTE: Human embryos.>> None of the funds made
available in this Act may be used for--
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses in
utero under 45 CFR 46.204(b) and section 498(b) of the Public
Health Service Act (42 U.S.C. 289g(b)).
(b) <<NOTE: Definition.>> For purposes of this section, the term
``human embryo or embryos'' includes any organism, not protected as a
human subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or any
other means from one or more human gametes or human diploid cells.
Sec. 509. (a) None of the funds made available in this Act may be
used for any activity that promotes the legalization of any drug or
other substance included in schedule I of the schedules of controlled
substances established under section 202 of the Controlled Substances
Act except for normal and recognized executive-congressional
communications.
(b) The limitation in subsection (a) shall not apply when there is
significant medical evidence of a therapeutic advantage to the use of
such drug or other substance or that federally sponsored clinical trials
are being conducted to determine therapeutic advantage.
Sec. 510. <<NOTE: Health identifier.>> None of the funds made
available in this Act may be used to promulgate or adopt any final
standard under section 1173(b) of the Social Security Act providing for,
or providing for the assignment of, a unique health identifier for an
individual (except in an individual's capacity as an employer or a
health care provider), until legislation is enacted specifically
approving the standard.
Sec. 511. <<NOTE: Contracts.>> None of the funds made available in
this Act may be obligated or expended to enter into or renew a contract
with an entity if--
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary of
Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required by
that section for the most recent year for which such requirement
was applicable to such entity.
Sec. 512. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriation Act.
Sec. 513. <<NOTE: Certifications.>> None of the funds made
available by this Act to carry out the Library Services and Technology
Act may be made available to any library covered by paragraph (1) of
section 224(f) of such Act, as amended by the Children's Internet
Protection Act, unless such library has made the certifications required
by paragraph (4) of such section.
Sec. 514. (a) <<NOTE: Consultation. Time
periods. Notification.>> 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
[[Page 131 STAT. 564]]
in fiscal year 2017, or provided from any accounts in the Treasury of
the United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that--
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
(b) None of the funds provided under this Act, or provided under
previous appropriations Acts to the agencies funded by this Act that
remain available for obligation or expenditure in fiscal year 2017, or
provided from any accounts in the Treasury of the United States derived
by the collection of fees available to the agencies funded by this Act,
shall be available for obligation or expenditure through a reprogramming
of funds in excess of $500,000 or 10 percent, whichever is less, that--
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives
and the Senate are consulted 15 days in advance of such reprogramming or
of an announcement of intent relating to such reprogramming, whichever
occurs earlier, and are notified in writing 10 days in advance of such
reprogramming.
Sec. 515. (a) None of the funds made available in this Act may be
used to request that a candidate for appointment to a Federal scientific
advisory committee disclose the political affiliation or voting history
of the candidate or the position that the candidate holds with respect
to political issues not directly related to and necessary for the work
of the committee involved.
(b) None of the funds made available in this Act may be used to
disseminate information that is deliberately false or misleading.
Sec. 516. <<NOTE: Deadline. Operating plan.>> Within 45 days of
enactment of this Act, each department and related agency funded through
this Act shall submit an operating plan that details at the program,
project, and activity level any funding allocations for fiscal year 2017
that are different than those specified in this Act, the accompanying
detailed table in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act), or the fiscal
year 2017 budget request.
[[Page 131 STAT. 565]]
Sec. 517. <<NOTE: Reports. Contracts. Grants.>> The Secretaries of
Labor, Health and Human Services, and Education shall each prepare and
submit to the Committees on Appropriations of the House of
Representatives and the Senate a report on the number and amount of
contracts, grants, and cooperative agreements exceeding $500,000 in
value and awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2017, but not to include grants awarded on a
formula basis or directed by law. Such report shall include the name of
the contractor or grantee, the amount of funding, the governmental
purpose, including a justification for issuing the award on a non-
competitive basis. <<NOTE: Deadline.>> Such report shall be transmitted
to the Committees within 30 days after the end of the quarter for which
the report is submitted.
Sec. 518. None of the funds appropriated in this Act shall be
expended or obligated by the Commissioner of Social Security, for
purposes of administering Social Security benefit payments under title
II of the Social Security Act, to process any claim for credit for a
quarter of coverage based on work performed under a social security
account number that is not the claimant's number and the performance of
such work under such number has formed the basis for a conviction of the
claimant of a violation of section 208(a)(6) or (7) of the Social
Security Act.
Sec. 519. <<NOTE: Mexico.>> None of the funds appropriated by this
Act may be used by the Commissioner of Social Security or the Social
Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and Mexico
establishing totalization arrangements between the social security
system established by title II of the Social Security Act and the social
security system of Mexico, which would not otherwise be payable but for
such agreement.
Sec. 520. <<NOTE: Sterile needles.>> Notwithstanding any other
provision of this Act, no funds appropriated in this Act shall be used
to purchase sterile needles or syringes for the hypodermic injection of
any illegal drug: Provided, <<NOTE: State and local
governments. Determination. Diseases.>> That such limitation does not
apply to the use of funds for elements of a program other than making
such purchases if the relevant State or local health department, in
consultation with the Centers for Disease Control and Prevention,
determines that the State or local jurisdiction, as applicable, is
experiencing, or is at risk for, a significant increase in hepatitis
infections or an HIV outbreak due to injection drug use, and such
program is operating in accordance with State and local law.
Sec. 521. (a) <<NOTE: Pornography.>> None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity carrying out criminal investigations, prosecution, or
adjudication activities.
Sec. 522. <<NOTE: ACORN.>> None of the funds made available under
this or any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now (ACORN), or
any of its affiliates, subsidiaries, allied organizations, or
successors.
Sec. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M-12-12 dated
[[Page 131 STAT. 566]]
May 11, 2012, and requirements contained in the annual appropriations
bills relating to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
Sec. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or
educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated at
U.S. taxpayer expense. The funds used by a Federal agency to carry out
this requirement shall be derived from amounts made available to the
agency for advertising or other communications regarding the programs
and activities of the agency.
Sec. 525. (a) Federal agencies may use Federal discretionary funds
that are made available in this Act to carry out up to 10 Performance
Partnership Pilots. Such Pilots shall be governed by the provisions of
section 526 of division H of Public Law 113-76, except that in carrying
out such Pilots section 526 shall be applied by substituting ``Fiscal
Year 2017'' for ``Fiscal Year 2014'' in the title of subsection (b) and
by substituting ``September 30, 2021'' for ``September 30, 2018'' each
place it appears: Provided, That such pilots shall include communities
that have experienced civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance
Partnership Pilots that are being carried out pursuant to the authority
provided by section 526 of division H of Public Law 113-76, section 524
of division G of Public Law 113-235, and section 525 of division H of
Public Law 114-113.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to an
additional 5 years to operate under such authorities.
Sec. 526. <<NOTE: Deadline. Effective date. Time
period. Reports. 31 USC 1502 note.>> Not later than 30 days after the
end of each calendar quarter, beginning with the first quarter of fiscal
year 2013, the Departments of Labor, Health and Human Services and
Education and the Social Security Administration shall provide the
Committees on Appropriations of the House of Representatives and Senate
a quarterly report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the quarterly reports shall
separately identify the amounts attributable to each source year of
appropriation (beginning with fiscal year 2012, or, to the extent
feasible, earlier fiscal years) from which balances were derived.
Sec. 527. Section 5 of the Special Olympics Sport and Empowerment
Act of 2004 (Public Law 108-406; <<NOTE: 42 USC 15001 note.>> 118 Stat.
2296) is amended--
(1) in paragraph (1), by striking all that follows after
``3(a),'' and inserting ``such sums as may be necessary for
fiscal year 2017 and each of the 4 succeeding fiscal years;'';
(2) in paragraph (2), by striking all that follows after
``3(b),'' and inserting ``such sums as may be necessary for
fiscal year 2017 and each of the 4 succeeding fiscal years;
and''; and
[[Page 131 STAT. 567]]
(3) in paragraph (3), by striking all that follows after
``3(c),'' and inserting ``such sums as may be necessary for
fiscal year 2017 and each of the 4 succeeding fiscal years.''.
(rescission)
Sec. 528. Of the funds made available for fiscal year 2017 under
section 3403 of Public Law 111-148, $15,000,000 are rescinded.
Sec. 529. Amounts deposited in the Child Enrollment Contingency
Fund from the appropriation to the Fund for the first semi-annual
allotment period for fiscal year 2017 under section 2104(n)(2)(A)(ii) of
the Social Security Act and the income derived from investment of those
funds pursuant to section 2104(n)(2)(C) of that Act, shall not be
available for obligation in this fiscal year.
(rescission)
Sec. 530. Of any available amounts appropriated under section 108
of Public Law 111-3, as amended, $541,900,000 are hereby rescinded.
(rescission)
Sec. 531. Of the funds made available for purposes of carrying out
section 2105(a)(3) of the Social Security Act, $5,750,000,000 are hereby
rescinded.
(rescission)
Sec. 532. Of any available amounts appropriated under section
301(b)(3) of Public Law 114-10, $1,132,000,000 are hereby rescinded.
Sec. 533. As of the date of enactment of this Act, section 170(b)
of the Continuing Appropriations Act, 2017 (division C of Public Law
114-223), as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114-254), shall no longer have any
force or effect: Provided, That any amounts made available pursuant to
that section of that Act as of the date of enactment of this Act shall
remain available until September 30, 2017: Provided further, That if
any amounts made available pursuant to that section of that Act remain
unobligated as of the date of enactment of this Act, then the balances
available from those amounts shall be hereby rescinded immediately upon
enactment of this Act.
This division may be cited as the ``Departments of Labor, Health and
Human Services, and Education, and Related Agencies Appropriations Act,
2017''.
[[Page 131 STAT. 568]]
DIVISION I--LEGISLATIVE <<NOTE: Legislative Branch Appropriations Act,
2017. 2 USC 60a note.>> BRANCH APPROPRIATIONS ACT, 2017
TITLE I
LEGISLATIVE BRANCH
SENATE
Expense Allowances
For expense allowances of the Vice President, $18,760; the President
Pro Tempore of the Senate, $37,520; Majority Leader of the Senate,
$39,920; Minority Leader of the Senate, $39,920; Majority Whip of the
Senate, $9,980; Minority Whip of the Senate, $9,980; Chairmen of the
Majority and Minority Conference Committees, $4,690 for each Chairman;
and Chairmen of the Majority and Minority Policy Committees, $4,690 for
each Chairman; in all, $174,840.
Representation Allowances for the Majority and Minority Leaders
For representation allowances of the Majority and Minority Leaders
of the Senate, $14,070 for each such Leader; in all, $28,140.
Salaries, Officers and Employees
For compensation of officers, employees, and others as authorized by
law, including agency contributions, $182,287,812, which shall be paid
from this appropriation as follows:
office of the vice president
For the Office of the Vice President, $2,417,248.
office of the president pro tempore
For the Office of the President Pro Tempore, $723,466.
offices of the majority and minority leaders
For Offices of the Majority and Minority Leaders, $5,255,576.
offices of the majority and minority whips
For Offices of the Majority and Minority Whips, $3,359,424.
committee on appropriations
For salaries of the Committee on Appropriations, $15,142,000.
conference committees
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman of each
such committee, $1,658,000 for each such committee; in all, $3,316,000.
[[Page 131 STAT. 569]]
offices of the secretaries of the conference of the majority and the
conference of the minority
For Offices of the Secretaries of the Conference of the Majority and
the Conference of the Minority, $817,402.
policy committees
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,692,905 for each such committee; in all,
$3,385,810.
office of the chaplain
For Office of the Chaplain, $436,886.
office of the secretary
For Office of the Secretary, $24,772,000.
office of the sergeant at arms and doorkeeper
For Office of the Sergeant at Arms and Doorkeeper, $70,900,000.
offices of the secretaries for the majority and minority
For Offices of the Secretary for the Majority and the Secretary for
the Minority, $1,810,000.
agency contributions and related expenses
For agency contributions for employee benefits, as authorized by
law, and related expenses, $49,952,000.
Office of the Legislative Counsel of the Senate
For salaries and expenses of the Office of the Legislative Counsel
of the Senate, $5,808,500.
Office of Senate Legal Counsel
For salaries and expenses of the Office of Senate Legal Counsel,
$1,120,000.
Expense Allowances of the Secretary of the Senate, Sergeant at Arms and
Doorkeeper of the Senate, and Secretaries for the Majority and Minority
of the Senate
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary for the
Majority of the Senate, $7,110; Secretary for the Minority of the
Senate, $7,110; in all, $28,440.
Contingent Expenses of the Senate
inquiries and investigations
For expenses of inquiries and investigations ordered by the Senate,
or conducted under paragraph 1 of rule XXVI of the
[[Page 131 STAT. 570]]
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96-304), and Senate
Resolution 281, 96th Congress, agreed to March 11, 1980, $133,265,000,
of which $26,650,000 shall remain available until September 30, 2019.
u.s. senate caucus on international narcotics control
For expenses of the United States Senate Caucus on International
Narcotics Control, $508,000.
secretary of the senate
For expenses of the Office of the Secretary of the Senate,
$10,250,000 of which $4,350,000 shall remain available until September
30, 2021 and of which $4,000,000 shall remain available until expended.
sergeant at arms and doorkeeper of the senate
For expenses of the Office of the Sergeant at Arms and Doorkeeper of
the Senate, $126,535,000, which shall remain available until September
30, 2021.
miscellaneous items
For miscellaneous items, $20,870,349 which shall remain available
until September 30, 2019.
senators' official personnel and office expense account
For Senators' Official Personnel and Office Expense Account,
$390,000,000 of which $19,109,218 shall remain available until September
30, 2019.
official mail costs
For expenses necessary for official mail costs of the Senate,
$300,000.
Administrative Provisions
requiring amounts remaining in senators' official personnel and office
expense account to be used for deficit reduction or to reduce the
federal debt
Sec. 1. Notwithstanding any other provision of law, any amounts
appropriated under this Act under the heading ``SENATE'' under the
heading ``Contingent Expenses of the Senate'' under the heading
``senators' official personnel and office expense account'' shall be
available for obligation only during the fiscal year or fiscal years for
which such amounts are made available. Any unexpended balances under
such allowances remaining after the end of the period of availability
shall be returned to the Treasury in accordance with the undesignated
paragraph under the center heading ``GENERAL PROVISION'' under chapter
XI of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107) and
used for deficit reduction (or, if there is no Federal budget deficit
after all such payments have been made, for reducing the
[[Page 131 STAT. 571]]
Federal debt, in such manner as the Secretary of the Treasury considers
appropriate).
authority for transfer of funds
Sec. 2. Section 3(c)(3) of the Legislative Branch Appropriations
Act, 2004 (2 USC 2108(c)(3)) is amended--
(1) in the paragraph heading, by striking ``and
disbursements'' and inserting ``disbursements, and transfers'';
and
(2) by adding at the end the following:
``(D) Transfers.--
``(i) In general.--The Commission may, for
individual conservation or restoration projects
estimated to cost greater than $100,000, transfer
amounts in the fund to the Architect of the
Capitol for the cost of conservation or
restoration, in whole or in part, by the Architect
of the Capitol of works of art, historical
objects, documents, or material relating to
historical matters placed or exhibited, or to be
placed or exhibited, within the Senate wing of the
United States Capitol or any Senate Office
Building.
``(ii) Availability.--Amounts transferred to
the Architect of the Capitol under clause (i) and
not subject to return under clause (v) shall
remain available until expended.
``(iii) <<NOTE: Notification. Review.>>
Approval and oversight of conservation or
restoration.--Before authorizing transfers under
clause (i), in whole or in part, the Commission,
or the chairman and vice chairman acting jointly
on behalf of the Commission and after giving
notice to the Commission, shall review and approve
a conservation or restoration project for which
such amounts are intended (referred to in this
section as the `Project'). The Commission may
require updated reports on the Project before any
additional amounts are transferred for the
Project. No disbursements may be made from funds
transferred under clause (i) that are inconsistent
with the Project approved by the Commission upon
which the relevant transfer is based.
``(iv) Acceptance of donations.--The
Commission retains the discretion whether or not
to approve the acceptance of any donation to the
fund regardless of whether the donation is
intended for a conservation or restoration Project
under clause (i).
``(v) Issuance of guidelines.--The Commission
may prescribe such guidelines as it deems
necessary for the approval and transfer of any
amounts under clause (i) and the return of any
undisbursed amounts.
``(vi) <<NOTE: Deadline.>> Return of unused
funds.--The Commission may require the return of
amounts transferred to the Architect of the
Capitol under clause (i) and not disbursed
pursuant to an approved Project within five years
of the transfer. <<NOTE: Determination.>> Such
amounts will be returned to the fund for use or
disposition as the Commission shall determine
appropriate. For purposes of this subsection, the
Commission may, at any time, specify a date of
return greater than five years from the transfer.
[[Page 131 STAT. 572]]
``(vii) Disbursement and audit
responsibility.--Once amounts are transferred
pursuant to clause (i), disbursements from
transferred funds shall be made by the Architect
of the Capitol upon review of vouchers by the
Architect of the Capitol and not subject to the
audit provisions of clause (c)(6) of this section.
Such disbursements shall be limited to purposes
for which funds may be disbursed pursuant to this
section.
``(viii) Termination.--The authority to
transfer amounts to the Architect of the Capitol
under clause (i) shall expire ten years after the
date of its initial enactment. Any amounts
transferred prior to the termination of authority
to transfer may continue to be expended in
accordance with this section.''.
HOUSE OF REPRESENTATIVES
Salaries and Expenses
For salaries and expenses of the House of Representatives,
$1,189,050,766, as follows:
House Leadership Offices
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip, $1,886,632,
including $5,000 for official expenses of the Majority Whip; Office of
the Minority Whip, including the Chief Deputy Minority Whip, $1,459,639,
including $5,000 for official expenses of the Minority Whip; Republican
Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided, That
such amount for salaries and expenses shall remain available from
January 3, 2017 until January 2, 2018.
Members' Representational Allowances
Including Members' Clerk Hire, Official Expenses of Members, and
Official Mail
For Members' representational allowances, including Members' clerk
hire, official expenses, and official mail, $562,632,498.
Committee Employees
Standing Committees, Special and Select
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,053,373: Provided, That
such amount shall remain available for such salaries and expenses until
December 31, 2018, except that $3,150,200 of such amount shall remain
available until expended for committee room upgrading.
[[Page 131 STAT. 573]]
Committee on Appropriations
For salaries and expenses of the Committee on Appropriations,
$23,271,004, including studies and examinations of executive agencies
and temporary personal services for such committee, to be expended in
accordance with section 202(b) of the Legislative Reorganization Act of
1946 and to be available for reimbursement to agencies for services
performed: Provided, That such amount shall remain available for such
salaries and expenses until December 31, 2018.
Salaries, Officers and Employees
For compensation and expenses of officers and employees, as
authorized by law, $181,487,000, including: for salaries and expenses of
the Office of the Clerk, including the positions of the Chaplain and the
Historian, and including not more than $25,000 for official
representation and reception expenses, of which not more than $20,000 is
for the Family Room and not more than $2,000 is for the Office of the
Chaplain, $26,268,000; for salaries and expenses of the Office of the
Sergeant at Arms, including the position of Superintendent of Garages
and the Office of Emergency Management, and including not more than
$3,000 for official representation and reception expenses, $15,505,000,
of which $5,618,902 shall remain available until expended; for salaries
and expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception expenses,
$117,165,000, of which $2,120,000 shall remain available until expended;
for salaries and expenses of the Office of the Inspector General,
$4,963,000; for salaries and expenses of the Office of the General
Counsel, $1,444,000; for salaries and expenses of the Office of the
Parliamentarian, including the Parliamentarian, $2,000 for preparing the
Digest of Rules, and not more than $1,000 for official representation
and reception expenses, $1,999,000; for salaries and expenses of the
Office of the Law Revision Counsel of the House, $3,167,000; for
salaries and expenses of the Office of the Legislative Counsel of the
House, $8,979,000; for salaries and expenses of the Office of
Interparliamentary Affairs, $814,000; and for other authorized
employees, $1,183,000.
Allowances and Expenses
For allowances and expenses as authorized by House resolution or
law, $272,328,000, including: supplies, materials, administrative costs
and Federal tort claims, $3,625,000; official mail for committees,
leadership offices, and administrative offices of the House, $190,000;
Government contributions for health, retirement, Social Security, and
other applicable employee benefits, $245,334,000, to remain available
until March 31, 2018; Business Continuity and Disaster Recovery,
$16,217,000, of which $5,000,000 shall remain available until expended;
transition activities for new Members and staff $2,084,000, to remain
available until expended; Wounded Warrior Program $2,500,000, to remain
available until expended; Office of Congressional Ethics, $1,658,000;
and miscellaneous items including purchase, exchange, maintenance,
repair and operation of House motor vehicles, interparliamentary
receptions, and gratuities to heirs of deceased employees of the House,
$720,000.
[[Page 131 STAT. 574]]
Administrative Provisions
requiring amounts remaining in members' representational allowances to
be used for deficit reduction or to reduce the federal debt
Sec. 101. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ``HOUSE OF REPRESENTATIVES--
Salaries and Expenses--Members' Representational Allowances'' shall be
available only for fiscal year 2017. Any amount remaining after all
payments are made under such allowances for fiscal year 2017 shall be
deposited in the Treasury and used for deficit reduction (or, if there
is no Federal budget deficit after all such payments have been made, for
reducing the Federal debt, in such manner as the Secretary of the
Treasury considers appropriate).
(b) Regulations.--The Committee on House Administration of the House
of Representatives shall have authority to prescribe regulations to
carry out this section.
(c) Definition.--As used in this section, the term ``Member of the
House of Representatives'' means a Representative in, or a Delegate or
Resident Commissioner to, the Congress.
delivery of bills and resolutions
Sec. 102. None of the funds made available in this Act may be used
to deliver a printed copy of a bill, joint resolution, or resolution to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress) unless the Member
requests a copy.
delivery of congressional record
Sec. 103. None of the funds made available by this Act may be used
to deliver a printed copy of any version of the Congressional Record to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
limitation on amount available to lease vehicles
Sec. 104. None of the funds made available in this Act may be used
by the Chief Administrative Officer of the House of Representatives to
make any payments from any Members' Representational Allowance for the
leasing of a vehicle, excluding mobile district offices, in an aggregate
amount that exceeds $1,000 for the vehicle in any month.
limitation on printed copies of u.s. code to house
Sec. 105. None of the funds made available by this Act may be used
to provide an aggregate number of more than 50 printed copies of any
edition of the United States Code to all offices of the House of
Representatives.
delivery of reports of disbursements
Sec. 106. None of the funds made available by this Act may be used
to deliver a printed copy of the report of disbursements for the
operations of the House of Representatives under section
[[Page 131 STAT. 575]]
106 of the House of Representatives Administrative Reform Technical
Corrections Act (2 U.S.C. 5535) to the office of a Member of the House
of Representatives (including a Delegate or Resident Commissioner to the
Congress).
delivery of daily calendar
Sec. 107. None of the funds made available by this Act may be used
to deliver to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress) a
printed copy of the Daily Calendar of the House of Representatives which
is prepared by the Clerk of the House of Representatives.
delivery of congressional pictorial directory
Sec. 108. None of the funds made available by this Act may be used
to deliver a printed copy of the Congressional Pictorial Directory to
the office of a Member of the House of Representatives (including a
Delegate or Resident Commissioner to the Congress).
delivery of house telephone directory
Sec. 109. None of the funds made available by this Act may be used
to deliver a printed copy of the United States House of Representatives
Telephone Directory to the office of any Member of the House of
Representatives (including a Delegate or Resident Commissioner to the
Congress).
overseas travel to accompany members of house leadership
Sec. 110. <<NOTE: 2 USC 1975a.>> (a) Travel Authorized.--
(1) In general.--A member of the Capitol Police may travel
outside of the United States for official duty if--
(A) that travel is with, or in preparation for,
travel of a Member of the House of Representatives who
holds a position in a House Leadership Office, including
travel of the Member as part of a congressional
delegation; and
(B) the Sergeant at Arms of the House of
Representatives gives prior approval to the travel of
the member of the Capitol Police.
(2) Definitions.--In this subsection--
(A) the term ``House Leadership office'' means an
office of the House of Representatives for which the
appropriation for salaries and expenses of the office
for the year involved is provided under the heading
``House Leadership Offices'' in the act making
appropriations for the Legislative Branch for the fiscal
year involved;
(B) the term ``Member of the House of
Representatives'' includes a Delegate or Resident
Commissioner to the Congress; and
(C) the term ``United States'' means each of the
several States of the United States, the District of
Columbia, and the territories and possessions of the
United States.
(b) Reimbursement From Sergeant at Arms.--
(1) In general.--From amounts made available for salaries
and expenses of the Office of the Sergeant at Arms of the House
of Representatives, the Sergeant at Arms of the House
[[Page 131 STAT. 576]]
of Representatives shall reimburse the Capitol Police for the
overtime pay, travel, and related expenses of any member of the
Capitol Police who travels under the authority of this section.
(2) Use of amounts received.--Any amounts received by the
Capitol Police for reimbursements under paragraph (1) shall be
credited to the accounts established for the general expenses or
salaries of the Capitol Police, and shall be available to carry
out the purposes of such accounts during the fiscal year in
which the amounts are received and the following fiscal year.
(c) Effective Date.--This section shall apply with respect to fiscal
year 2017 and each succeeding fiscal year.
delivery of printed budget
Sec. 111. None of the funds made available by this Act may be used
to deliver a printed copy of the Budget of the United States Government;
Analytical Perspectives, Budget of the United States Government; or the
Appendix, Budget of the United States Government, to the office of any
Member of the House of Representatives (including a Delegate or Resident
Commissioner to the Congress).
delivery of printed federal register
Sec. 112. None of the funds made available by this Act may be used
to deliver a printed copy of the Federal Register to a Member of the
House of Representatives (including a Delegate or Resident Commissioner
to the Congress) unless the Member requests a copy.
cybersecurity assistance for house of representatives
Sec. 113. <<NOTE: Applicability.>> The head of any Federal entity
that provides assistance to the House of Representatives in the House's
efforts to deter, prevent, mitigate, or remediate cybersecurity risks
to, and incidents involving, the information systems of the House shall
take all necessary steps to ensure the constitutional integrity of the
separate branches of the government at all stages of providing the
assistance, including applying minimization procedures to limit the
spread or sharing of privileged House and Member information.
JOINT ITEMS
For Joint Committees, as follows:
Joint Economic Committee
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
Joint Committee on Taxation
For salaries and expenses of the Joint Committee on Taxation,
$10,095,000, to be disbursed by the Chief Administrative Officer of the
House of Representatives.
For other joint items, as follows:
[[Page 131 STAT. 577]]
Office of the Attending Physician
For medical supplies, equipment, and contingent expenses of the
emergency rooms, and for the Attending Physician and his assistants,
including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and $580
per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,780,000 for reimbursement to the Department of the
Navy for expenses incurred for staff and equipment assigned to
the Office of the Attending Physician, which shall be advanced
and credited to the applicable appropriation or appropriations
from which such salaries, allowances, and other expenses are
payable and shall be available for all the purposes thereof,
$3,838,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
Office of Congressional Accessibility Services
Salaries and Expenses
For salaries and expenses of the Office of Congressional
Accessibility Services, $1,429,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
Salaries
For <<NOTE: Notification.>> salaries of employees of the Capitol
Police, including overtime, hazardous duty pay, and Government
contributions for health, retirement, social security, professional
liability insurance, and other applicable employee benefits,
$325,300,000 of which overtime shall not exceed $36,805,000 unless the
Committee on Appropriations of the House and Senate are notified, to be
disbursed by the Chief of the Capitol Police or his designee.
General Expenses
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment and
installation, uniforms, weapons, supplies, materials, training, medical
services, forensic services, stenographic services, personal and
professional services, the employee assistance program, the awards
program, postage, communication services, travel advances, relocation of
instructor and liaison personnel for the Federal Law Enforcement
Training Center, and not more than $5,000 to be expended on the
certification of the Chief of the Capitol Police in connection with
official representation and reception expenses, $68,000,000, to be
disbursed by the Chief of the Capitol Police or his designee: Provided,
That, notwithstanding any other provision of law, the cost of basic
training for the Capitol Police at the
[[Page 131 STAT. 578]]
Federal Law Enforcement Training Center for fiscal year 2017 shall be
paid by the Secretary of Homeland Security from funds available to the
Department of Homeland Security.
Administrative Provision
authority to dispose of forfeited and abandoned property and to accept
surplus or obsolete property offered by other federal agencies
Sec. 1001. (a) Section 1003(a) of the Legislative Branch
Appropriations Act, 2003 (2 U.S.C. 1906(a)) is amended by striking
``surplus or obsolete property of the Capitol Police'' and inserting the
following: ``surplus or obsolete property of the Capitol Police, and
property which is in the possession of the Capitol Police because it has
been disposed, forfeited, voluntarily abandoned, or unclaimed,''.
(b) <<NOTE: Notification. 2 USC 1982.>> Upon notifying the
Committees of Appropriations of the House of Representatives and Senate,
the United States Capitol Police may accept surplus or obsolete property
offered by another Federal department, agency, or office.
(c) <<NOTE: Applicability. 2 USC 1906 note.>> This section and the
amendment made by this section shall apply with respect to fiscal year
2017 and each succeeding fiscal year.
OFFICE OF COMPLIANCE
Salaries and Expenses
For salaries and expenses of the Office of Compliance, as authorized
by section 305 of the Congressional Accountability Act of 1995 (2 U.S.C.
1385), $3,959,000, of which $450,000 shall remain available until
September 30, 2018: Provided, That not more than $500 may be expended
on the certification of the Executive Director of the Office of
Compliance in connection with official representation and reception
expenses.
CONGRESSIONAL BUDGET OFFICE
Salaries and Expenses
For <<NOTE: Certification.>> salaries and expenses necessary for
operation of the Congressional Budget Office, including not more than
$6,000 to be expended on the certification of the Director of the
Congressional Budget Office in connection with official representation
and reception expenses, $46,500,000.
Administrative Provision
establishment of senior level positions
Sec. 1101. <<NOTE: 2 USC 613 note.>> (a) Notwithstanding the fourth
sentence of section 201(b) of the Congressional Budget and Impoundment
Control Act of 1974 (2 U.S.C. 601(b)), the Director of the Congressional
Budget Office may establish and fix the compensation of senior level
positions in the Congressional Budget Office to meet critical
scientific, technical, professional, or executive needs of the Office.
[[Page 131 STAT. 579]]
(b) Limitation on Compensation.--The annual rate of pay for any
position established under this section may not exceed the annual rate
of pay for level II of the Executive Schedule.
(c) Effective Date.--This section shall apply with respect to fiscal
year 2017 and each succeeding fiscal year.
ARCHITECT OF THE CAPITOL
Capital Construction and Operations
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House office
buildings, and other facilities under the jurisdiction of the Architect
of the Capitol; including furnishings and office equipment; including
not more than $5,000 for official reception and representation expenses,
to be expended as the Architect of the Capitol may approve; for purchase
or exchange, maintenance, and operation of a passenger motor vehicle,
$92,957,000, of which $1,368,000 shall remain available until September
30, 2021.
Capitol Building
For all necessary expenses for the maintenance, care and operation
of the Capitol, $32,584,000, of which $8,584,000 shall remain available
until September 30, 2021.
Capitol Grounds
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings, and the
Capitol Power Plant, $12,826,000, of which $2,946,000 shall remain
available until September 30, 2021.
Senate Office Buildings
For all necessary expenses for the maintenance, care and operation
of Senate office buildings; and furniture and furnishings to be expended
under the control and supervision of the Architect of the Capitol,
$88,406,000, of which $27,944,000 shall remain available until September
30, 2021.
House Office Buildings
For all necessary expenses for the maintenance, care and operation
of the House office buildings, $185,731,000, of which $61,404,000 shall
remain available until September 30, 2021, and of which $62,000,000
shall remain available until expended for the restoration and renovation
of the Cannon House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $17,000,000, to remain available until
expended.
[[Page 131 STAT. 580]]
Capitol Power Plant
For all necessary expenses for the maintenance, care and operation
of the Capitol Power Plant; lighting, heating, power (including the
purchase of electrical energy) and water and sewer services for the
Capitol, Senate and House office buildings, Library of Congress
buildings, and the grounds about the same, Botanic Garden, Senate
garage, and air conditioning refrigeration not supplied from plants in
any of such buildings; heating the Government Publishing Office and
Washington City Post Office, and heating and chilled water for air
conditioning for the Supreme Court Building, the Union Station complex,
the Thurgood Marshall Federal Judiciary Building and the Folger
Shakespeare Library, expenses for which shall be advanced or reimbursed
upon request of the Architect of the Capitol and amounts so received
shall be deposited into the Treasury to the credit of this
appropriation, $86,646,000, of which $9,505,000 shall remain available
until September 30, 2021: Provided, That not more than $9,000,000 of
the funds credited or to be reimbursed to this appropriation as herein
provided shall be available for obligation during fiscal year 2017.
Library Buildings and Grounds
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and grounds,
$47,080,000, of which $22,137,000 shall remain available until September
30, 2021.
Capitol Police Buildings, Grounds and Security
For all necessary expenses for the maintenance, care and operation
of buildings, grounds and security enhancements of the United States
Capitol Police, wherever located, the Alternate Computing Facility, and
Architect of the Capitol security operations, $20,033,000, of which
$2,500,000 shall remain available until September 30, 2021.
Botanic Garden
For all necessary expenses for the maintenance, care and operation
of the Botanic Garden and the nurseries, buildings, grounds, and
collections; and purchase and exchange, maintenance, repair, and
operation of a passenger motor vehicle; all under the direction of the
Joint Committee on the Library, $14,067,000, of which $4,054,000 shall
remain available until September 30, 2021: Provided, That, of the
amount made available under this heading, the Architect of the Capitol
may obligate and expend such sums as may be necessary for the
maintenance, care and operation of the National Garden established under
section 307E of the Legislative Branch Appropriations Act, 1989 (2
U.S.C. 2146), upon vouchers approved by the Architect of the Capitol or
a duly authorized designee.
Capitol Visitor Center
For all necessary expenses for the operation of the Capitol Visitor
Center, $20,557,000.
[[Page 131 STAT. 581]]
Administrative Provisions
no bonuses for contractors behind schedule or over budget
Sec. 1201. None of the funds made available in this Act for the
Architect of the Capitol may be used to make incentive or award payments
to contractors for work on contracts or programs for which the
contractor is behind schedule or over budget, unless the Architect of
the Capitol, or agency-employed designee, determines that any such
deviations are due to unforeseeable events, government-driven scope
changes, or are not significant within the overall scope of the project
and/or program.
scrims
Sec. 1202. None of the funds made available by this Act may be used
for scrims containing photographs of building facades during restoration
or construction projects performed by the Architect of the Capitol.
flag office revolving fund
Sec. 1203. <<NOTE: 2 USC 1867 note.>> (a) Establishment.--There is
established in the Treasury of the United States a revolving fund to be
known as the ``Flag Office Revolving Fund'' (in this section referred to
as the ``Fund'') for services provided by the Flag Office of the
Architect of the Capitol (in this section referred to as the ``Flag
Office'').
(b) Deposit of Fees.--The Architect of the Capitol shall deposit any
fees charged for services described in subsection (a) into the Fund.
(c) Contents of Fund.--The Fund shall consist of the following
amounts:
(1) Amounts deposited by the Architect of the Capitol under
subsection (b).
(2) Any other amounts received by the Architect of the
Capitol which are attributable to services provided by the Flag
Office.
(3) Such other amounts as may be appropriated under law.
(d) Use of Amounts in Fund.--Amounts in the Fund shall be available
for disbursement by the Architect of the Capitol, without fiscal year
limitation, for expenses in connection with the services provided by the
Flag Office, including--
(1) supplies, inventories, equipment, and other expenses;
(2) the reimbursement of any applicable appropriations
account for amounts used from such appropriations account to pay
the salaries of employees of the Flag Office; and
(3) amounts necessary to carry out the authorized levels in
the Fallen Heroes Flag Act of 2016.
use of expired funds for unemployment compensation payments
Sec. 1204. <<NOTE: 2 USC 1872.>> (a) Available balances of expired
Architect of the Capitol appropriations shall be available to the
Architect of the Capitol for reimbursing the Federal Employees
Compensation Account (as established by section 909 of the Social
Security Act) for any amounts paid with respect to unemployment
compensation
[[Page 131 STAT. 582]]
payments for former employees of the Architect of the Capitol,
notwithstanding any other provision of law, without regard to the fiscal
year for which the obligation to make such payments is incurred.
(b) <<NOTE: Applicability.>> This section shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.
architect of the capitol contracting
Sec. 1205. <<NOTE: Procedures. Determination.>> In addition to
recourses available under current policies and procedures, the Architect
of the Capitol shall establish, document, and follow policies and
procedures for suspension and debarment of firms or individuals the
Architect has determined should be excluded from future
contracts. <<NOTE: Notice.>> The Architect shall provide for notice to
other government agencies of suspension or debarment actions taken via
the government-wide excluded parties system administered by the General
Services Administration. <<NOTE: Lists.>> The Architect shall consult
the list of excluded parties when making responsibility determinations
prior to the award of any contract.
authority for a house office buildings shuttle
Sec. 1206. (a) The proviso in the item relating to ``Capitol
Grounds'' in title VI of the Legislative Branch Appropriations Act, 1977
(90 Stat. 1453; 2 U.S.C. 2163) is amended by striking ``appropriated
under this heading'' and inserting ``appropriated for any available
account of the Architect of the Capitol''.
(b) <<NOTE: Applicability. 2 USC 2163 note.>> The amendment made by
subsection (a) shall apply with respect to fiscal year 2017 and each
succeeding fiscal year.
LIBRARY OF CONGRESS
Salaries and Expenses
For all necessary expenses of the Library of Congress not otherwise
provided for, including development and maintenance of the Library's
catalogs; custody and custodial care of the Library buildings; special
clothing; cleaning, laundering and repair of uniforms; preservation of
motion pictures in the custody of the Library; operation and maintenance
of the American Folklife Center in the Library; preparation and
distribution of catalog records and other publications of the Library;
hire or purchase of one passenger motor vehicle; and expenses of the
Library of Congress Trust Fund Board not properly chargeable to the
income of any trust fund held by the Board, $457,017,000, of which not
more than $6,000,000 shall be derived from collections credited to this
appropriation during fiscal year 2017, and shall remain available until
expended, under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from collections
during fiscal year 2017 and shall remain available until expended for
the development and maintenance of an international legal information
database and activities related thereto: Provided, That the Library of
Congress may not obligate or expend any funds derived from collections
under the Act of June 28, 1902, in excess of the amount authorized for
obligation or expenditure in appropriations Acts: Provided further,
That the total amount available for obligation shall be reduced by the
amount by which collections are less than $6,350,000: Provided further,
That of the
[[Page 131 STAT. 583]]
total amount appropriated, not more than $12,000 may be expended, on the
certification of the Librarian of Congress, in connection with official
representation and reception expenses for the Overseas Field Offices:
Provided further, That of the total amount appropriated, $8,444,000
shall remain available until expended for the digital collections and
educational curricula program: Provided further, That of the total
amount appropriated, $1,300,000 shall remain available until expended
for upgrade of the Legislative Branch Financial Management System:
Provided further, That of the total amount appropriated, $4,039,000
shall remain available until September 30, 2019 to complete the first of
three phases of the shelving replacement in the Law Library's collection
storage areas.
Copyright Office
salaries and expenses
For all necessary expenses of the Copyright Office, $68,825,000, of
which not more than $33,619,000, to remain available until expended,
shall be derived from collections credited to this appropriation during
fiscal year 2017 under section 708(d) of title 17, United States Code:
Provided, That the Copyright Office may not obligate or expend any funds
derived from collections under such section, in excess of the amount
authorized for obligation or expenditure in appropriations Acts:
Provided further, That not more than $5,929,000 shall be derived from
collections during fiscal year 2017 under sections 111(d)(2), 119(b)(3),
803(e), 1005, and 1316 of such title: Provided further, That the total
amount available for obligation shall be reduced by the amount by which
collections are less than $39,548,000: Provided further, That
$6,179,000 shall be derived from prior year unobligated balances:
Provided further, That not more than $100,000 of the amount appropriated
is available for the maintenance of an ``International Copyright
Institute'' in the Copyright Office of the Library of Congress for the
purpose of training nationals of developing countries in intellectual
property laws and policies: Provided further, That not more than $6,500
may be expended, on the certification of the Librarian of Congress, in
connection with official representation and reception expenses for
activities of the International Copyright Institute and for copyright
delegations, visitors, and seminars: Provided further, That,
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title may
be used for the costs incurred in the administration of the Copyright
Royalty Judges program, with the exception of the costs of salaries and
benefits for the Copyright Royalty Judges and staff under section
802(e).
Congressional Research Service
salaries and expenses
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166) and to
revise and extend the Annotated Constitution of the United States of
America, $107,945,234: Provided, <<NOTE: Advanced approval.>> That no
part of such amount may be used to pay any salary or expense in
connection
[[Page 131 STAT. 584]]
with any publication, or preparation of material therefor (except the
Digest of Public General Bills), to be issued by the Library of Congress
unless such publication has obtained prior approval of either the
Committee on House Administration of the House of Representatives or the
Committee on Rules and Administration of the Senate.
Books for the Blind and Physically Handicapped
salaries and expenses
For all necessary expenses to carry out the Act of March 3, 1931
(chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,248,000: Provided,
That of the total amount appropriated, $650,000 shall be available to
contract to provide newspapers to blind and physically handicapped
residents at no cost to the individual.
Administrative Provisions
reimbursable and revolving fund activities
Sec. 1301. (a) In General.--For fiscal year 2017, the obligational
authority of the Library of Congress for the activities described in
subsection (b) may not exceed $188,188,000.
(b) Activities.--The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from sources
other than appropriations to the Library in appropriations Acts for the
legislative branch.
library of congress national collection stewardship fund
Sec. 1302. <<NOTE: 2 USC 182e.>> (a) Establishment.--There is hereby
established in the Treasury of the United States, as an account for the
Librarian of Congress, the ``Library of Congress National Collection
Stewardship Fund'' (hereafter in this section referred to as the
``Fund'').
(b) Contents of Fund.--The Fund shall consist of the following
amounts:
(1) Such amounts as may be transferred by the Librarian from
available amounts appropriated for any fiscal year for the
Library of Congress under the heading ``Salaries and Expenses''.
(c) Use of Amounts.--Amounts in the Fund may be used by the
Librarian as follows:
(1) The Librarian may use amounts directly for the purpose
of preparing collection materials of the Library of Congress for
long-term storage.
(2) The Librarian may transfer amounts to the Architect of
the Capitol for the purpose of designing, constructing,
altering, upgrading, and equipping collections preservation and
storage facilities for the Library of Congress, or for the
purpose of acquiring real property by lease for the preservation
and storage of Library of Congress collections in accordance
with section 1102 of the Legislative Branch Appropriations Act,
2009 (2 U.S.C. 1823a).
(d) Continuing Availability of Funds.--Any amounts in the Fund shall
remain available until expended.
(e) Annual Report.--Not later than 180 days after the end of each
fiscal year, the Librarian shall submit a joint report on
[[Page 131 STAT. 585]]
the Fund to the Joint Committee on the Library and the Committees on
Appropriations of the House of Representatives and Senate.
(f) <<NOTE: Deadline.>> Initial 5-Year Plan.--Not later than 6
months after the date of the enactment of this Act, the Librarian shall
submit to the Joint Committee on the Library and the Committees on
Appropriations of the House of Representatives and Senate a report
providing a plan for expenditures from the Fund for the first 5 fiscal
years of the Fund's operation.
(g) Notification of Transfers.--Prior to any transfer into the Fund,
the Librarian shall notify the Joint Committee on the Library and the
Committees on Appropriations of the House and the Senate of the amount
and origin of funds to be transferred.
(h) Effective Date.--This section shall apply with respect to fiscal
year 2017 and each succeeding fiscal year.
GOVERNMENT PUBLISHING OFFICE
Congressional Publishing
(including transfer of funds)
For authorized publishing of congressional information and the
distribution of congressional information in any format; expenses
necessary for preparing the semimonthly and session index to the
Congressional Record, as authorized by law (section 902 of title 44,
United States Code); publishing of Government publications authorized by
law to be distributed to Members of Congress; and publishing, and
distribution of Government publications authorized by law to be
distributed without charge to the recipient, $79,736,000: Provided,
That this appropriation shall not be available for paper copies of the
permanent edition of the Congressional Record for individual
Representatives, Resident Commissioners or Delegates authorized under
section 906 of title 44, United States Code: Provided further, That
this appropriation shall be available for the payment of obligations
incurred under the appropriations for similar purposes for preceding
fiscal <<NOTE: Time period. Effective date.>> years: Provided further,
That notwithstanding the 2-year limitation under section 718 of title
44, United States Code, none of the funds appropriated or made available
under this Act or any other Act for printing and binding and related
services provided to Congress under chapter 7 of title 44, United States
Code, may be expended to print a document, report, or publication after
the 27-month period beginning on the date that such document, report, or
publication is authorized by Congress to be printed, unless Congress
reauthorizes such printing in accordance with section 718 of title 44,
United States Code: Provided further, <<NOTE: Approval.>> That any
unobligated or unexpended balances in this account or accounts for
similar purposes for preceding fiscal years may be transferred to the
Government Publishing Office Business Operations Revolving Fund for
carrying out the purposes of this heading, subject to the approval of
the Committees on Appropriations of the House of Representatives and
Senate: Provided further, That notwithstanding sections 901, 902, and
906 of title 44, United States Code, this appropriation may be used to
prepare indexes to the Congressional Record on only a monthly and
session basis.
[[Page 131 STAT. 586]]
Public Information Programs of the Superintendent of Documents
salaries and expenses
(including transfer of funds)
For expenses of the public information programs of the Office of
Superintendent of Documents necessary to provide for the cataloging and
indexing of Government publications and their distribution to the
public, Members of Congress, other Government agencies, and designated
depository and international exchange libraries as authorized by law,
$29,500,000: Provided, That amounts of not more than $2,000,000 from
current year appropriations are authorized for producing and
disseminating Congressional serial sets and other related publications
for fiscal years 2015 and 2016 to depository and other designated
libraries: Provided further, <<NOTE: Approval.>> That any unobligated
or unexpended balances in this account or accounts for similar purposes
for preceding fiscal years may be transferred to the Government
Publishing Office Business Operations Revolving Fund for carrying out
the purposes of this heading, subject to the approval of the Committees
on Appropriations of the House of Representatives and Senate.
Government Publishing Office Business Operations Revolving Fund
For payment to the Government Publishing Office Business Operations
Revolving Fund, $7,832,000, to remain available until expended, for
information technology development and facilities repair:
Provided, <<NOTE: Contracts.>> That the Government Publishing Office is
hereby authorized to make such expenditures, within the limits of funds
available and in accordance with law, and to make such contracts and
commitments without regard to fiscal year limitations as provided by
section 9104 of title 31, United States Code, as may be necessary in
carrying out the programs and purposes set forth in the budget for the
current fiscal year for the Government Publishing Office Business
Operations Revolving Fund: Provided further, That not more than $7,500
may be expended on the certification of the Director of the Government
Publishing Office in connection with official representation and
reception expenses: Provided further, That the Business Operations
Revolving Fund shall be available for the hire or purchase of not more
than 12 passenger motor vehicles: Provided further, That expenditures
in connection with travel expenses of the advisory councils to the
Director of the Government Publishing Office shall be deemed necessary
to carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be available
for temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than the daily
equivalent of the annual rate of basic pay for level V of the Executive
Schedule under section 5316 of such title: Provided further, That
activities financed through the Business Operations Revolving Fund may
provide information in any format: Provided further, That the Business
Operations Revolving Fund and the funds provided under the heading
``Public Information Programs of the Superintendent of Documents'' may
[[Page 131 STAT. 587]]
not be used for contracted security services at Government Publishing
Office's passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
Salaries and Expenses
For necessary expenses of the Government Accountability Office,
including not more than $12,500 to be expended on the certification of
the Comptroller General of the United States in connection with official
representation and reception expenses; temporary or intermittent
services under section 3109(b) of title 5, United States Code, but at
rates for individuals not more than the daily equivalent of the annual
rate of basic pay for level IV of the Executive Schedule under section
5315 of such title; hire of one passenger motor vehicle; advance
payments in foreign countries in accordance with section 3324 of title
31, United States Code; benefits comparable to those payable under
sections 901(5), (6), and (8) of the Foreign Service Act of 1980 (22
U.S.C. 4081(5), (6), and (8)); and under regulations prescribed by the
Comptroller General of the United States, rental of living quarters in
foreign countries, $544,505,919: Provided, That, in addition,
$23,350,000 of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal year
limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department or
agency which is a member of the National Intergovernmental Audit Forum
or a Regional Intergovernmental Audit Forum shall be available to
finance an appropriate share of either Forum's costs as determined by
the respective Forum, including necessary travel expenses of non-Federal
participants: Provided further, That payments hereunder to the Forum
may be credited as reimbursements to any appropriation from which costs
involved are initially financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust Fund for
financing activities of the Open World Leadership Center under section
313 of the Legislative Branch Appropriations Act, 2001 (2 U.S.C. 1151),
$5,600,000: Provided, That funds made available to support Russian
participants shall only be used for those engaging in free market
development, humanitarian activities, and civic engagement, and shall
not be used for officials of the central government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John C.
Stennis Center for Public Service Training and Development Act (2 U.S.C.
1105), $430,000.
[[Page 131 STAT. 588]]
TITLE II
GENERAL PROVISIONS
maintenance and care of private vehicles
Sec. 201. No part of the funds appropriated in this Act shall be
used for the maintenance or care of private vehicles, except for
emergency assistance and cleaning as may be provided under regulations
relating to parking facilities for the House of Representatives issued
by the Committee on House Administration and for the Senate issued by
the Committee on Rules and Administration.
fiscal year limitation
Sec. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2017 unless expressly
so provided in this Act.
rates of compensation and designation
Sec. 203. Whenever in this Act any office or position not
specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation
of any office or position appropriated for is different from that
specifically established by such Act, the rate of compensation and the
designation in this Act shall be the permanent law with respect thereto:
Provided, That the provisions in this Act for the various items of
official expenses of Members, officers, and committees of the Senate and
House of Representatives, and clerk hire for Senators and Members of the
House of Representatives shall be the permanent law with respect
thereto.
consulting services
Sec. 204. The expenditure of any appropriation under this Act for
any consulting service through procurement contract, under section 3109
of title 5, United States Code, shall be limited to those contracts
where such expenditures are a matter of public record and available for
public inspection, except where otherwise provided under existing law,
or under existing Executive order issued under existing law.
costs of lbfmc
Sec. 205. Amounts available for administrative expenses of any
legislative branch entity which participates in the Legislative Branch
Financial Managers Council (LBFMC) established by charter on March 26,
1996, shall be available to finance an appropriate share of LBFMC costs
as determined by the LBFMC, except that the total LBFMC costs to be
shared among all participating legislative branch entities (in such
allocations among the entities as the entities may determine) may not
exceed $2,000.
limitation on transfers
Sec. 206. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made
[[Page 131 STAT. 589]]
by, or transfer authority provided in, this Act or any other
appropriation Act.
guided tours of the capitol
Sec. 207. (a) Except as provided in subsection (b), none of the
funds made available to the Architect of the Capitol in this Act may be
used to eliminate or restrict guided tours of the United States Capitol
which are led by employees and interns of offices of Members of Congress
and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol which
are led by employees and interns described in subsection (a) may be
suspended temporarily or otherwise subject to restriction for security
or related reasons to the same extent as guided tours of the United
States Capitol which are led by the Architect of the Capitol.
computer network activity
Sec. 208. <<NOTE: Pornography.>> (a) None of the funds made
available in this Act may be used to maintain or establish a computer
network unless such network blocks the viewing, downloading, and
exchanging of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary
for any Federal, State, tribal, or local law enforcement agency or any
other entity to carry out criminal investigations, prosecution, or
adjudication activities, or for any committee or other entity of
Congress to carry out investigations or reports on any matter, or for
the Library of Congress or the Copyright Office to carry out any of its
responsibilities under law.
This division may be cited as the ``Legislative Branch
Appropriations Act, 2017''.
DIVISION J--DEPARTMENT OF <<NOTE: Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017. Department of
State Appropriations Act, 2017.>> STATE, FOREIGN OPERATIONS, AND RELATED
PROGRAMS APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
For necessary expenses of the Department of State and the Foreign
Service not otherwise provided for, $6,147,254,000, of which up to
$637,166,000 may remain available until September 30, 2018, and of which
up to $1,899,479,000 may remain available until expended for Worldwide
Security Protection: Provided, That funds made available under this
heading shall be allocated in accordance with paragraphs (1) through (4)
as follows:
[[Page 131 STAT. 590]]
(1) Human resources.--For necessary expenses for training,
human resources management, and salaries, including employment
without regard to civil service and classification laws of
persons on a temporary basis (not to exceed $700,000), as
authorized by section 801 of the United States Information and
Educational Exchange Act of 1948, $2,529,387,000, of which up to
$463,417,000 is for Worldwide Security Protection.
(2) Overseas programs.--For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,401,847,000.
(3) Diplomatic policy and support.--For necessary expenses
for the functional bureaus of the Department of State, including
representation to certain international organizations in which
the United States participates pursuant to treaties ratified
pursuant to the advice and consent of the Senate or specific
Acts of Congress, general administration, and arms control,
nonproliferation and disarmament activities as authorized,
$757,713,000.
(4) Security programs.--For necessary expenses for security
activities, $1,458,307,000, of which up to $1,436,062,000 is for
Worldwide Security Protection.
(5) Fees and payments collected.--In addition to amounts
otherwise made available under this heading--
(A) as authorized by section 810 of the United
States Information and Educational Exchange Act, not to
exceed $5,000,000, to remain available until expended,
may be credited to this appropriation from fees or other
payments received from English teaching, library, motion
pictures, and publication programs and from fees from
educational advising and counseling and exchange visitor
programs; and
(B) not to exceed $15,000, which shall be derived
from reimbursements, surcharges, and fees for use of
Blair House facilities.
(6) Transfer of funds, reprogramming, and other matters.--
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs
(1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ``Emergencies in the Diplomatic and Consular
Service'', to be available only for emergency
evacuations and rewards, as authorized.
(C) Funds appropriated under this heading are
available for acquisition by exchange or purchase of
passenger motor vehicles as authorized by law and,
pursuant to section 1108(g) of title 31, United States
Code, for the field examination of programs and
activities in the United States funded from any account
contained in this title.
(D) Funds appropriated under this heading may be
made available for Conflict Stabilization Operations and
for related reconstruction and stabilization assistance
to prevent or respond to conflict or civil strife in
foreign
[[Page 131 STAT. 591]]
countries or regions, or to enable transition from such
strife.
(E) Funds appropriated under this heading in this
Act that are designated for Worldwide Security
Protection shall continue to be made available for
support of security-related training at sites in
existence prior to the enactment of this Act.
capital investment fund
For necessary expenses of the Capital Investment Fund, as
authorized, $12,600,000, to remain available until expended.
office of inspector general
For necessary expenses of the Office of Inspector General,
$87,069,000, notwithstanding section 209(a)(1) of the Foreign Service
Act of 1980 (Public Law 96-465), as it relates to post inspections:
Provided, That of the funds appropriated under this heading, $13,060,000
may remain available until September 30, 2018.
educational and cultural exchange programs
For expenses of educational and cultural exchange programs, as
authorized, $634,143,000, to remain available until expended, of which
not less than $240,000,000 shall be for the Fulbright Program and not
less than $111,360,000 shall be for Citizen Exchange Program, including
$4,125,000 for the Congress-Bundestag Youth Exchange: Provided, That
fees or other payments received from, or in connection with, English
teaching, educational advising and counseling programs, and exchange
visitor programs as authorized may be credited to this account, to
remain available until expended: Provided
further, <<NOTE: Consultation.>> That a portion of the Fulbright awards
from the Eurasia and Central Asia regions shall be designated as Edmund
S. Muskie Fellowships, following consultation with the Committees on
Appropriations: Provided further, <<NOTE: Verification.>> That
Department of State-designated sponsors may not issue a Form DS-2019
(Certificate of Eligibility for Exchange Visitor (J-1) Status) to place
student participants in seafood product preparation or packaging
positions in the Summer Work Travel program in fiscal year 2017 unless
prior to issuing such Form the sponsor provides to the Secretary of
State a description of such program and verifies in writing to the
Secretary that such program fully complies with part 62 of title 22 of
the Code of Federal Regulations, notwithstanding subsection 62.32(h)(16)
of such part, and with the requirements specified in Senate Report 114-
290: Provided further, <<NOTE: Consultation. Notification.>> That any
substantive modifications from the prior fiscal year to programs funded
by this Act under this heading shall be subject to prior consultation
with, and the regular notification procedures of, the Committees on
Appropriations.
representation expenses
For representation expenses as authorized, $8,030,000.
[[Page 131 STAT. 592]]
protection of foreign missions and officials
For expenses, not otherwise provided, to enable the Secretary of
State to provide for extraordinary protective services, as authorized,
$30,344,000, to remain available until September 30, 2018.
embassy security, construction, and maintenance
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving, maintaining,
repairing, and planning for buildings that are owned or directly leased
by the Department of State, renovating, in addition to funds otherwise
available, the Harry S Truman Building, and carrying out the Diplomatic
Security Construction Program as authorized, $759,161,000, to remain
available until expended, of which not to exceed $25,000 may be used for
domestic and overseas representation expenses as authorized: Provided,
That none of the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $358,698,000, to remain
available until expended:
Provided, <<NOTE: Deadline. Submission.>> That not later than 45 days
after enactment of this Act, the Secretary of State shall submit to the
Committees on Appropriations the proposed allocation of funds made
available under this heading and the actual and anticipated proceeds of
sales for all projects in fiscal year 2017.
emergencies in the diplomatic and consular service
For necessary expenses to enable the Secretary of State to meet
unforeseen emergencies arising in the Diplomatic and Consular Service,
as authorized, $7,900,000, to remain available until expended, of which
not to exceed $1,000,000 may be transferred to, and merged with, funds
appropriated by this Act under the heading ``Repatriation Loans Program
Account'', subject to the same terms and conditions.
repatriation loans program account
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall be as
defined in section 502 of the Congressional Budget Act of 1974:
Provided further, That such funds are available to subsidize gross
obligations for the principal amount of direct loans not to exceed
$2,433,545.
payment to the american institute in taiwan
For necessary expenses to carry out the Taiwan Relations Act (Public
Law 96-8), $31,963,000.
international center, washington, district of columbia
Not to exceed $1,806,600 shall be derived from fees collected from
other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International
Center Act (Public Law 90-553), and, in addition, as authorized by
section 5 of such Act, $1,320,000, to be derived
[[Page 131 STAT. 593]]
from the reserve authorized by such section, to be used for the purposes
set out in that section.
payment to the foreign service retirement and disability fund
For payment to the Foreign Service Retirement and Disability Fund,
as authorized, $158,900,000.
International Organizations
contributions to international organizations
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet annual obligations of membership in international
multilateral organizations, pursuant to treaties ratified pursuant to
the advice and consent of the Senate, conventions or specific Acts of
Congress, $1,262,966,000: Provided, <<NOTE: Biennial budget.>> That the
Secretary of State shall, at the time of the submission of the
President's budget to Congress under section 1105(a) of title 31, United
States Code, transmit to the Committees on Appropriations the most
recent biennial budget prepared by the United Nations for the operations
of the United Nations: Provided further, <<NOTE: Notification. Time
period.>> That the Secretary of State shall notify the Committees on
Appropriations at least 15 days in advance (or in an emergency, as far
in advance as is practicable) of any United Nations action to increase
funding for any United Nations program without identifying an offsetting
decrease elsewhere in the United Nations budget: Provided
further, <<NOTE: Deadlines. Reports. Assessments.>> That not later than
June 1, 2017, and 30 days after the end of fiscal year 2017, the
Secretary of State shall report to the Committees on Appropriations any
credits attributable to the United States, including from the United
Nations Tax Equalization Fund, and provide updated fiscal year 2017 and
fiscal year 2018 assessment costs including offsets from available
credits and updated foreign currency exchange rates: Provided
further, <<NOTE: Notification.>> That any such credits shall only be
available for United States assessed contributions to the United Nations
regular budget, and the Committees on Appropriations shall be notified
when such credits are applied to any assessed contribution, including
any payment of arrearages: Provided
further, <<NOTE: Notification. Operating
plan. Estimates. Assessments.>> That any notification regarding funds
appropriated or otherwise made available under this heading in this Act
or prior Acts making appropriations for the Department of State, foreign
operations, and related programs submitted pursuant to section 7015 of
this Act, section 34 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2706), or any operating plan submitted pursuant to
section 7076 of this Act, shall include an estimate of all known credits
currently attributable to the United States and provide updated
assessment costs including offsets from available credits and updated
foreign currency exchange rates: Provided
further, <<NOTE: Notification.>> That any payment of arrearages under
this heading shall be directed to activities that are mutually agreed
upon by the United States and the respective international organization
and shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That none of the funds
appropriated under this heading shall be available for a United States
contribution to an international organization for the United States
share of interest costs made known to the United States Government
[[Page 131 STAT. 594]]
by such organization for loans incurred on or after October 1, 1984,
through external borrowings.
contributions for international peacekeeping activities
For necessary expenses to pay assessed and other expenses of
international peacekeeping activities directed to the maintenance or
restoration of international peace and security, $552,904,000, of which
15 percent shall remain available until September 30, 2018:
Provided, <<NOTE: Time period. Notification. Cost estimates.>> That none
of the funds made available by this Act shall be obligated or expended
for any new or expanded United Nations peacekeeping mission unless, at
least 15 days in advance of voting for such mission in the United
Nations Security Council (or in an emergency as far in advance as is
practicable), the Committees on Appropriations are notified of: (1) the
estimated cost and duration of the mission, the objectives of the
mission, the national interest that will be served, and the exit
strategy; and (2) the sources of funds, including any reprogrammings or
transfers, that will be used to pay the cost of the new or expanded
mission, and the estimated cost in future fiscal
years: <<NOTE: Certification. Reports. Human rights. Public
information. Web posting.>> Provided further, That none of the funds
appropriated under this heading may be made available for obligation
unless the Secretary of State certifies and reports to the Committees on
Appropriations on a peacekeeping mission-by-mission basis that the
United Nations is implementing effective policies and procedures to
prevent United Nations employees, contractor personnel, and peacekeeping
troops serving in such mission from trafficking in persons, exploiting
victims of trafficking, or committing acts of sexual exploitation and
abuse or other violations of human rights, and to bring to justice
individuals who engage in such acts while participating in such mission,
including prosecution in their home countries and making information
about such prosecutions publicly available on the Web site of the United
Nations: Provided further, <<NOTE: Procedures.>> That the Secretary of
State shall work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human rights:
Provided further, <<NOTE: Determination.>> That funds shall be available
for peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for United
Nations peacekeeping activities equal to those being given to foreign
manufacturers and suppliers: Provided further, <<NOTE: Recommenda-
tion.>> That none of the funds appropriated or otherwise made available
under this heading may be used for any United Nations peacekeeping
mission that will involve United States Armed Forces under the command
or operational control of a foreign national, unless the President's
military advisors have submitted to the President a recommendation that
such involvement is in the national interest of the United States and
the President has submitted to Congress such a recommendation: Provided
further, <<NOTE: Deadlines. Reports. Assessment.>> That not later than
June 1, 2017, and 30 days after the end of fiscal year 2017, the
Secretary of State shall report to the Committees on Appropriations any
credits attributable to the United States, including those resulting
from United Nations peacekeeping missions or the United Nations Tax
Equalization Fund, and provide updated fiscal year 2017 and fiscal year
2018 assessment costs including offsets from available credits:
Provided further, <<NOTE: Notification.>> That any such credits shall
only be available
[[Page 131 STAT. 595]]
for United States assessed contributions to United Nations peacekeeping
missions, and the Committees on Appropriations shall be notified when
such credits are applied to any assessed contribution, including any
payment of arrearages: Provided
further, <<NOTE: Notification. Operating
plan. Estimate. Assessments.>> That any notification regarding funds
appropriated or otherwise made available under this heading in this Act
or prior Acts making appropriations for the Department of State, foreign
operations, and related programs submitted pursuant to section 7015 of
this Act, section 34 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2706), or any operating plan submitted pursuant to
section 7076 of this Act, shall include an estimate of all known credits
currently attributable to the United States and provide updated
assessment costs including offsets from available credits: Provided
further, <<NOTE: Notification.>> That any payment of arrearages with
funds appropriated by this Act shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, <<NOTE: Evaluation.>> That the Secretary of State shall work
with the United Nations and members of the United Nations Security
Council to evaluate and prioritize peacekeeping missions, and to
consider a draw down when mission goals have been substantially
achieved.
International Commissions
For <<NOTE: 22 USC 269a note.>> necessary expenses, not otherwise
provided for, to meet obligations of the United States arising under
treaties, or specific Acts of Congress, as follows:
international boundary and water commission, united states and mexico
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and Mexico,
and to comply with laws applicable to the United States Section,
including not to exceed $6,000 for representation expenses; as follows:
salaries and expenses
For salaries and expenses, not otherwise provided for, $48,134,000.
construction
For detailed plan preparation and construction of authorized
projects, $29,400,000, to remain available until expended, as
authorized.
american sections, international commissions
For necessary expenses, not otherwise provided, for the
International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties between
the United States and Canada or Great Britain, and the Border
Environment Cooperation Commission as authorized by the North American
Free Trade Agreement Implementation Act (Public Law 103-182),
$12,258,000: Provided, That of the amount provided under this heading
for the International Joint Commission, up
[[Page 131 STAT. 596]]
to $500,000 may remain available until September 30, 2018, and $9,000
may be made available for representation expenses.
international fisheries commissions
For necessary expenses for international fisheries commissions, not
otherwise provided for, as authorized by law, $37,502,000: Provided,
That the United States share of such expenses may be advanced to the
respective commissions pursuant to section 3324 of title 31, United
States Code.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For necessary expenses to enable the Broadcasting Board of Governors
(BBG), as authorized, to carry out international communication
activities, and to make and supervise grants for radio, Internet, and
television broadcasting to the Middle East, $772,108,000: Provided,
That in addition to amounts otherwise available for such purposes, up to
$32,501,000 of the amount appropriated under this heading may remain
available until expended for satellite transmissions and Internet
freedom programs, of which not less than $13,800,000 shall be for
Internet freedom programs: Provided further, That of the total amount
appropriated under this heading, not to exceed $35,000 may be used for
representation expenses, of which $10,000 may be used for such expenses
within the United States as authorized, and not to exceed $30,000 may be
used for representation expenses of Radio Free Europe/Radio Liberty:
Provided further, <<NOTE: Notification. Deadline. Determination.>> That
the BBG shall notify the Committees on Appropriations within 15 days of
any determination by the BBG that any of its broadcast entities,
including its grantee organizations, provides an open platform for
international terrorists or those who support international terrorism,
or is in violation of the principles and standards set forth in
subsections (a) and (b) of section 303 of the United States
International Broadcasting Act of 1994 (22 U.S.C. 6202) or the entity's
journalistic code of ethics: Provided
further, <<NOTE: Notification.>> That significant modifications to BBG
broadcast hours previously justified to Congress, including changes to
transmission platforms (shortwave, medium wave, satellite, Internet, and
television), for all BBG language services shall be subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That in addition to funds made available under this
heading, and notwithstanding any other provision of law, up to
$5,000,000 in receipts from advertising and revenue from business
ventures, up to $500,000 in receipts from cooperating international
organizations, and up to $1,000,000 in receipts from privatization
efforts of the Voice of America and the International Broadcasting
Bureau, shall remain available until expended for carrying out
authorized purposes.
[[Page 131 STAT. 597]]
broadcasting capital improvements
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital
transmission and reception; the purchase, rent, and installation of
necessary equipment for radio, television, and digital transmission and
reception, including to Cuba, as authorized; and physical security
worldwide, in addition to amounts otherwise available for such purposes,
$9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
The Asia Foundation
For a grant to The Asia Foundation, as authorized by The Asia
Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until
expended.
United States Institute of Peace
For necessary expenses of the United States Institute of Peace, as
authorized by the United States Institute of Peace Act (22 U.S.C. 4601
et seq.), $37,884,000, to remain available until September 30, 2018,
which shall not be used for construction activities.
Center for Middle Eastern-Western Dialogue Trust Fund
For necessary expenses of the Center for Middle Eastern-Western
Dialogue Trust Fund, as authorized by section 633 of the Departments of
Commerce, Justice, and State, the Judiciary, and Related Agencies
Appropriations Act, 2004 (22 U.S.C. 2078), the total amount of the
interest and earnings accruing to such Fund on or before September 30,
2017, to remain available until expended.
Eisenhower Exchange Fellowship Program
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204-5205), all interest and
earnings accruing to the Eisenhower Exchange Fellowship Program Trust
Fund on or before September 30, 2017, to remain available until
expended: Provided, That none of the funds appropriated herein shall be
used to pay any salary or other compensation, or to enter into any
contract providing for the payment thereof, in excess of the rate
authorized by section 5376 of title 5, United States Code; or for
purposes which are not in accordance with section 200 of title 2 of the
Code of Federal Regulations, including the restrictions on compensation
for personal services.
Israeli Arab Scholarship Program
For necessary expenses of the Israeli Arab Scholarship Program, as
authorized by section 214 of the Foreign Relations Authorization Act,
Fiscal Years 1992 and 1993 (22 U.S.C. 2452), all interest and earnings
accruing to the Israeli Arab Scholarship Fund on or before September 30,
2017, to remain available until expended.
[[Page 131 STAT. 598]]
East-West Center
To enable the Secretary of State to provide for carrying out the
provisions of the Center for Cultural and Technical Interchange Between
East and West Act of 1960, by grant to the Center for Cultural and
Technical Interchange Between East and West in the State of Hawaii,
$16,700,000.
National Endowment for Democracy
For grants made by the Department of State to the National Endowment
for Democracy, as authorized by the National Endowment for Democracy Act
(22 U.S.C. 4412), $170,000,000, to remain available until expended, of
which $117,500,000 shall be allocated in the traditional and customary
manner, including for the core institutes, and $52,500,000 shall be for
democracy programs.
OTHER COMMISSIONS
Commission for the Preservation of America's Heritage Abroad
salaries and expenses
For necessary expenses for the Commission for the Preservation of
America's Heritage Abroad, $888,000, as authorized by chapter 3123 of
title 54, United States Code: Provided, That the Commission may procure
temporary, intermittent, and other services notwithstanding paragraph
(3) of section 312304(b) of such chapter: Provided
further, <<NOTE: Termination date. Notification.>> That such authority
shall terminate on October 1, 2017: Provided further, That the
Commission shall notify the Committees on Appropriations prior to
exercising such authority.
United States Commission on International Religious Freedom
salaries and expenses
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et seq.),
$3,500,000, to remain available until September 30, 2018, including not
more than $4,000 for representation expenses.
Commission on Security and Cooperation in Europe
salaries and expenses
For necessary expenses of the Commission on Security and Cooperation
in Europe, as authorized by Public Law 94-304, $2,579,000, including not
more than $4,000 for representation expenses, to remain available until
September 30, 2018.
[[Page 131 STAT. 599]]
Congressional-Executive Commission on the People's Republic of China
salaries and expenses
For necessary expenses of the Congressional-Executive Commission on
the People's Republic of China, as authorized by title III of the U.S.-
China Relations Act of 2000 (22 U.S.C. 6911 et seq.), $2,000,000,
including not more than $3,000 for representation expenses, to remain
available until September 30, 2018.
United States-China Economic and Security Review Commission
salaries and expenses
For necessary expenses of the United States-China Economic and
Security Review Commission, as authorized by section 1238 of the Floyd
D. Spence National Defense Authorization Act for Fiscal Year 2001 (22
U.S.C. 7002), $3,500,000, including not more than $4,000 for
representation expenses, to remain available until September 30, 2018:
Provided, <<NOTE: Continuance. Applicability.>> That the authorities,
requirements, limitations, and conditions contained in the second
through sixth provisos under this heading in the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111-117) shall continue in effect during
fiscal year 2017 and shall apply to funds appropriated under this
heading as if included in this Act.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $1,204,609,000, of which up to
$180,691,000 may remain available until September 30, 2018:
Provided, <<NOTE: Reports. Time period.>> That none of the funds
appropriated under this heading and under the heading ``Capital
Investment Fund'' in this title may be made available to finance the
construction (including architect and engineering services), purchase,
or long-term lease of offices for use by the United States Agency for
International Development, unless the USAID Administrator has identified
such proposed use of funds in a report submitted to the Committees on
Appropriations at least 15 days prior to the obligation of funds for
such purposes: Provided further, <<NOTE: Contracts.>> That contracts or
agreements entered into with funds appropriated under this heading may
entail commitments for the expenditure of such funds through the
following fiscal year: Provided further, That the authority of sections
610 and 109 of the Foreign Assistance Act of 1961 may be exercised by
the Secretary of State to transfer funds appropriated to carry out
chapter 1 of part I of such Act to ``Operating Expenses'' in accordance
with the provisions of those sections: Provided further, That of the
funds appropriated or made available under this
[[Page 131 STAT. 600]]
heading, not to exceed $250,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be available
for entertainment expenses, and not to exceed $100,500 shall be for
official residence expenses, for USAID during the current fiscal year.
capital investment fund
For necessary expenses for overseas construction and related costs,
and for the procurement and enhancement of information technology and
related capital investments, pursuant to section 667 of the Foreign
Assistance Act of 1961, $174,985,000, to remain available until
expended: Provided, That this amount is in addition to funds otherwise
available for such purposes: Provided further,
That <<NOTE: Notification.>> funds appropriated under this heading shall
be available subject to the regular notification procedures of the
Committees on Appropriations.
office of inspector general
For necessary expenses to carry out the provisions of section 667 of
the Foreign Assistance Act of 1961, $67,600,000, of which up to
$10,140,000 may remain available until September 30, 2018, for the
Office of Inspector General of the United States Agency for
International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
For necessary expenses to enable the President to carry out the
provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
global health programs
For necessary expenses to carry out the provisions of chapters 1 and
10 of part I of the Foreign Assistance Act of 1961, for global health
activities, in addition to funds otherwise available for such purposes,
$3,054,950,000, to remain available until September 30, 2018, and which
shall be apportioned directly to the United States Agency for
International <<NOTE: Children and youth. AIDS. Diseases.>> Development:
Provided, That this amount shall be made available for training,
equipment, and technical assistance to build the capacity of public
health institutions and organizations in developing countries, and for
such activities as: (1) child survival and maternal health programs; (2)
immunization and oral rehydration programs; (3) other health, nutrition,
water and sanitation programs which directly address the needs of
mothers and children, and related education programs; (4) assistance for
children displaced or orphaned by causes other than AIDS; (5) programs
for the prevention, treatment, control of, and research on HIV/AIDS,
tuberculosis, polio, malaria, and other infectious diseases including
neglected tropical diseases, and for assistance to communities severely
affected by HIV/AIDS, including children infected or affected by AIDS;
(6) disaster preparedness training for health crises; (7) programs to
prevent,
[[Page 131 STAT. 601]]
prepare for, and respond to, unanticipated and emerging global health
threats; and (8) family planning/reproductive health: Provided further,
That funds appropriated under this paragraph may be made available for a
United States contribution to the GAVI Alliance: Provided
further, <<NOTE: Determination. President. Abortion. Sterilization.>> Tha
t none of the funds made available in this Act nor any unobligated
balances from prior appropriations Acts may be made available to any
organization or program which, as determined by the President of the
United States, supports or participates in the management of a program
of coercive abortion or involuntary sterilization: Provided
further, <<NOTE: Deadline. Evidence. Criteria.>> That any determination
made under the previous proviso must be made not later than 6 months
after the date of enactment of this Act, and must be accompanied by the
evidence and criteria utilized to make the determination: Provided
further, <<NOTE: Abortion.>> That none of the funds made available under
this Act may be used to pay for the performance of abortion as a method
of family planning or to motivate or coerce any person to practice
abortions: Provided further, That nothing in this paragraph shall be
construed to alter any existing statutory prohibitions against abortion
under section 104 of the Foreign Assistance Act of 1961: Provided
further, That none of the funds made available under this Act may be
used to lobby for or against abortion: Provided further, <<NOTE: Family
planning. Deadline. Determination. Reports.>> That in order to reduce
reliance on abortion in developing nations, funds shall be available
only to voluntary family planning projects which offer, either directly
or through referral to, or information about access to, a broad range of
family planning methods and services, and that any such voluntary family
planning project shall meet the following requirements: (1) service
providers or referral agents in the project shall not implement or be
subject to quotas, or other numerical targets, of total number of
births, number of family planning acceptors, or acceptors of a
particular method of family planning (this provision shall not be
construed to include the use of quantitative estimates or indicators for
budgeting and planning purposes); (2) the project shall not include
payment of incentives, bribes, gratuities, or financial reward to: (A)
an individual in exchange for becoming a family planning acceptor; or
(B) program personnel for achieving a numerical target or quota of total
number of births, number of family planning acceptors, or acceptors of a
particular method of family planning; (3) the project shall not deny any
right or benefit, including the right of access to participate in any
program of general welfare or the right of access to health care, as a
consequence of any individual's decision not to accept family planning
services; (4) the project shall provide family planning acceptors
comprehensible information on the health benefits and risks of the
method chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to be
consequent to the use of the method; and (5) the project shall ensure
that experimental contraceptive drugs and devices and medical procedures
are provided only in the context of a scientific study in which
participants are advised of potential risks and benefits; and, not less
than 60 days after the date on which the USAID Administrator determines
that there has been a violation of the requirements contained in
paragraph (1), (2), (3), or (5) of this proviso, or a pattern or
practice of violations of the requirements contained in paragraph (4) of
this proviso, the Administrator shall submit to the Committees on
Appropriations a report containing a description of such violation and
the corrective action
[[Page 131 STAT. 602]]
taken by the Agency: Provided
further, <<NOTE: Discrimination. Compliance.>> That in awarding grants
for natural family planning under section 104 of the Foreign Assistance
Act of 1961 no applicant shall be discriminated against because of such
applicant's religious or conscientious commitment to offer only natural
family planning; and, additionally, all such applicants shall comply
with the requirements of the previous proviso: Provided
further, <<NOTE: Definition.>> That for purposes of this or any other
Act authorizing or appropriating funds for the Department of State,
foreign operations, and related programs, the term ``motivate'', as it
relates to family planning assistance, shall not be construed to
prohibit the provision, consistent with local law, of information or
counseling about all pregnancy options: Provided
further, <<NOTE: Condoms.>> That information provided about the use of
condoms as part of projects or activities that are funded from amounts
appropriated by this Act shall be medically accurate and shall include
the public health benefits and failure rates of such use.
In addition, for necessary expenses to carry out the provisions of
the Foreign Assistance Act of 1961 for the prevention, treatment, and
control of, and research on, HIV/AIDS, $5,670,000,000, to remain
available until September 30, 2021, which shall be apportioned directly
to the Department of State: Provided, That funds appropriated under
this paragraph may be made available, notwithstanding any other
provision of law, except for the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (Public Law 108-25), as
amended, for a United States contribution to the Global Fund to Fight
AIDS, Tuberculosis and Malaria (Global Fund), and shall be expended at
the minimum rate necessary to make timely payment for projects and
activities: Provided further, That the amount of such contribution
should be $1,350,000,000: Provided
further, <<NOTE: Applicability.>> That section 202(d)(4)(A)(i) and (vi)
of Public Law 108-25, as amended, shall be applied with respect to such
funds made available for fiscal years 2015 through 2017 by substituting
``2004'' for ``2009'': Provided further, <<NOTE: Notification.>> That
up to 5 percent of the aggregate amount of funds made available to the
Global Fund in fiscal year 2017 may be made available to USAID for
technical assistance related to the activities of the Global Fund,
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That of the funds appropriated under
this paragraph, up to $17,000,000 may be made available, in addition to
amounts otherwise available for such purposes, for administrative
expenses of the Office of the United States Global AIDS Coordinator.
development assistance
For necessary expenses to carry out the provisions of sections 103,
105, 106, 214, and sections 251 through 255, and chapter 10 of part I of
the Foreign Assistance Act of 1961, $2,995,465,000, to remain available
until September 30, 2018.
international disaster assistance
For necessary expenses to carry out the provisions of section 491 of
the Foreign Assistance Act of 1961 for international disaster relief,
rehabilitation, and reconstruction assistance, $498,483,000, to remain
available until expended.
[[Page 131 STAT. 603]]
transition initiatives
For necessary expenses for international disaster rehabilitation and
reconstruction assistance administered by the Office of Transition
Initiatives, United States Agency for International Development,
pursuant to section 491 of the Foreign Assistance Act of 1961,
$35,600,000, to remain available until expended, to support transition
to democracy and long-term development of countries in crisis:
Provided, That such support may include assistance to develop,
strengthen, or preserve democratic institutions and processes,
revitalize basic infrastructure, and foster the peaceful resolution of
conflict: Provided further, <<NOTE: Reports. Time period.>> That the
USAID Administrator shall submit a report to the Committees on
Appropriations at least 5 days prior to beginning a new program of
assistance: Provided further, <<NOTE: Determination.>> That if the
Secretary of State determines that it is important to the national
interest of the United States to provide transition assistance in excess
of the amount appropriated under this heading, up to $15,000,000 of the
funds appropriated by this Act to carry out the provisions of part I of
the Foreign Assistance Act of 1961 may be used for purposes of this
heading and under the authorities applicable to funds appropriated under
this heading: Provided further, <<NOTE: Consultation.>> That funds made
available pursuant to the previous proviso shall be made available
subject to prior consultation with the Committees on Appropriations.
complex crises fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 to support programs and activities to prevent or
respond to emerging or unforeseen foreign challenges and complex crises
overseas, $10,000,000, to remain available until expended: Provided,
That funds appropriated under this heading may be made available on such
terms and conditions as are appropriate and necessary for the purposes
of preventing or responding to such challenges and crises, except that
no funds shall be made available for lethal assistance or to respond to
natural disasters: Provided further, That funds appropriated under this
heading may be made available notwithstanding any other provision of
law, except sections 7007, 7008, and 7018 of this Act and section 620M
of the Foreign Assistance Act of 1961: Provided further, That funds
appropriated under this heading may be used for administrative expenses,
in addition to funds otherwise available for such purposes, except that
such expenses may not exceed 5 percent of the funds appropriated under
this heading: Provided further, <<NOTE: Notification. Time
period.>> That funds appropriated under this heading shall be subject to
the regular notification procedures of the Committees on Appropriations,
except that such notifications shall be transmitted at least 5 days
prior to the obligation of funds.
development credit authority
For the cost of direct loans and loan guarantees provided by the
United States Agency for International Development, as authorized by
sections 256 and 635 of the Foreign Assistance Act of 1961, up to
$50,000,000 may be derived by transfer from funds appropriated by this
Act to carry out part I of such Act and under the heading ``Assistance
for Europe, Eurasia and Central Asia'': Provided, That funds provided
under this paragraph and funds
[[Page 131 STAT. 604]]
provided as a gift that are used for purposes of this paragraph pursuant
to section 635(d) of the Foreign Assistance Act of 1961 shall be made
available only for micro- and small enterprise programs, urban programs,
and other programs which further the purposes of part I of such Act:
Provided further, <<NOTE: Consultation. Notification.>> That funds
provided as a gift that are used for purposes of this paragraph shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations: Provided further, That
such costs, including the cost of modifying such direct and guaranteed
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974, as amended: Provided further, <<NOTE: Notification.>> That
funds made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, and funds used for such cost, including if the cost
results in a negative subsidy, shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided
further, <<NOTE: Applicability.>> That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained in
section 306 of H.R. 1486 as reported by the House Committee on
International Relations on May 9, 1997, shall be applicable to direct
loans and loan guarantees provided under this heading, except that the
principal amount of loans made or guaranteed under this heading with
respect to any single country shall not exceed $300,000,000: Provided
further, That these funds are available to subsidize total loan
principal, any portion of which is to be guaranteed, of up to
$1,750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $10,000,000, which may be transferred
to, and merged with, funds made available under the heading ``Operating
Expenses'' in title II of this Act: Provided, That funds made available
under this heading shall remain available until September 30, 2019.
economic support fund
For necessary expenses to carry out the provisions of chapter 4 of
part II of the Foreign Assistance Act of 1961, $1,041,761,000, to remain
available until September 30, 2018.
democracy fund
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5) of
Public Law 98-164 (22 U.S.C. 4411), $145,375,000, to remain available
until September 30, 2018, which shall be made available for the Human
Rights and Democracy Fund of the Bureau of Democracy, Human Rights, and
Labor, Department of State: Provided, That funds appropriated under
this heading that are made available to the National Endowment for
Democracy and its core institutes are in addition to amounts otherwise
available by this Act for such purposes: Provided
further, <<NOTE: Consultation.>> That the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State, shall consult
with the Committees on Appropriations prior to the obligation of funds
appropriated under this paragraph.
[[Page 131 STAT. 605]]
For an additional amount for such purposes, $65,125,000, to remain
available until September 30, 2018, which shall be made available for
the Bureau for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development.
assistance for europe, eurasia and central asia
For necessary expenses to carry out the provisions of the Foreign
Assistance Act of 1961, the FREEDOM Support Act (Public Law 102-511),
and the Support for Eastern European Democracy (SEED) Act of 1989
(Public Law 101-179), $291,638,000, to remain available until September
30, 2018, which shall be available, notwithstanding any other provision
of law, except section 7070 of this Act, for assistance and related
programs for countries identified in section 3 of Public Law 102-511 and
section 3(c) of Public Law 101-179, in addition to funds otherwise
available for such purposes: Provided, That funds appropriated by this
Act under the headings ``Global Health Programs'' and ``Economic Support
Fund'' that are made available for assistance for such countries shall
be administered in accordance with the responsibilities of the
coordinator designated pursuant to section 102 of Public Law 102-511 and
section 601 of Public Law 101-179: Provided further, That funds
appropriated under this heading shall be considered to be economic
assistance under the Foreign Assistance Act of 1961 for purposes of
making available the administrative authorities contained in that Act
for the use of economic assistance.
Department of State
migration and refugee assistance
For necessary expenses not otherwise provided for, to enable the
Secretary of State to carry out the provisions of section 2(a) and (b)
of the Migration and Refugee Assistance Act of 1962, and other
activities to meet refugee and migration needs; salaries and expenses of
personnel and dependents as authorized by the Foreign Service Act of
1980; allowances as authorized by sections 5921 through 5925 of title 5,
United States Code; purchase and hire of passenger motor vehicles; and
services as authorized by section 3109 of title 5, United States Code,
$912,802,000, to remain available until expended, of which not less than
$35,000,000 shall be made available to respond to small-scale emergency
humanitarian requirements, and $7,500,000 shall be made available for
refugees resettling in Israel.
united states emergency refugee and migration assistance fund
For necessary expenses to carry out the provisions of section 2(c)
of the Migration and Refugee Assistance Act of 1962, as amended (22
U.S.C. 2601(c)), $10,000,000, to remain available until expended.
[[Page 131 STAT. 606]]
Independent Agencies
peace corps
(including transfer of funds)
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not to
exceed five passenger motor vehicles for administrative purposes for use
outside of the United States, $410,000,000, of which $5,500,000 is for
the Office of Inspector General, to remain available until September 30,
2018: Provided, That the Director of the Peace Corps may transfer to
the Foreign Currency Fluctuations Account, as authorized by section 16
of the Peace Corps Act (22 U.S.C. 2515), an amount not to exceed
$5,000,000: Provided further, That funds transferred pursuant to the
previous proviso may not be derived from amounts made available for
Peace Corps overseas operations: Provided further, That of the funds
appropriated under this heading, not to exceed $104,000 may be available
for representation expenses, of which not to exceed $4,000 may be made
available for entertainment expenses: Provided
further, <<NOTE: Consultation. Notification. Waiver authority.>> That
any decision to open, close, significantly reduce, or suspend a domestic
or overseas office or country program shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, except that prior consultation and regular
notification procedures may be waived when there is a substantial
security risk to volunteers or other Peace Corps personnel, pursuant to
section 7015(e) of this <<NOTE: Abortion.>> Act: Provided further, That
none of the funds appropriated under this heading shall be used to pay
for abortions: Provided further, <<NOTE: Applicability.>> That
notwithstanding the previous proviso, section 614 of division E of
Public Law 113-76 shall apply to funds appropriated under this heading.
millennium challenge corporation
For necessary expenses to carry out the provisions of the Millennium
Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA), $905,000,000, to
remain available until expended: Provided, That of the funds
appropriated under this heading, up to $105,000,000 may be available for
administrative expenses of the Millennium Challenge Corporation (MCC):
Provided further, That up to 5 percent of the funds appropriated under
this heading may be made available to carry out the purposes of section
616 of the MCA for fiscal year 2017: Provided
further, <<NOTE: Applicability.>> That section 605(e) of the MCA shall
apply to funds appropriated under this heading: Provided further, That
funds appropriated under this heading may be made available for a
Millennium Challenge Compact entered into pursuant to section 609 of the
MCA only if such Compact obligates, or contains a commitment to obligate
subject to the availability of funds and the mutual agreement of the
parties to the Compact to proceed, the entire amount of the United
States Government funding anticipated for the duration of the Compact:
Provided further, <<NOTE: Notification. Deadline.>> That the MCC Chief
Executive Officer shall notify the Committees on Appropriations not
later than 15 days prior to commencing negotiations for any country
compact or threshold country program; signing any such compact or
threshold program; or terminating or suspending any such compact or
threshold program: Provided further, <<NOTE: Notification.>> That funds
appropriated under this heading by this Act
[[Page 131 STAT. 607]]
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available to implement
section 609(g) of the MCA shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further, That
no country should be eligible for a threshold program after such country
has completed a country compact: Provided
further, <<NOTE: Notification.>> That any funds that are deobligated
from a Millennium Challenge Compact shall be subject to the regular
notification procedures of the Committees on Appropriations prior to re-
obligation: Provided further, That notwithstanding section 606(a)(2) of
the MCA, a country shall be a candidate country for purposes of
eligibility for assistance for the fiscal year if the country has a per
capita income equal to or below the World Bank's lower middle income
country threshold for the fiscal year and is among the 75 lowest per
capita income countries as identified by the World Bank; and the country
meets the requirements of section 606(a)(1)(B) of the MCA: Provided
further, That notwithstanding section 606(b)(1) of the MCA, in addition
to countries described in the preceding proviso, a country shall be a
candidate country for purposes of eligibility for assistance for the
fiscal year if the country has a per capita income equal to or below the
World Bank's lower middle income country threshold for the fiscal year
and is not among the 75 lowest per capita income countries as identified
by the World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, <<NOTE: Time period.>> That
any MCC candidate country under section 606 of the MCA with a per capita
income that changes in the fiscal year such that the country would be
reclassified from a low income country to a lower middle income country
or from a lower middle income country to a low income country shall
retain its candidacy status in its former income classification for the
fiscal year and the 2 subsequent fiscal years: Provided
further, <<NOTE: Federal Register, publication. Notice.>> That
publication in the Federal Register of a notice of availability of a
copy of a Compact on the MCC Web site shall be deemed to satisfy the
requirements of section 610(b)(2) of the MCA for such Compact: Provided
further, That none of the funds made available by this Act or prior Acts
making appropriations for the Department of State, foreign operations,
and related programs shall be available for a threshold program in a
country that is not currently a candidate country: Provided further,
That of the funds appropriated under this heading, not to exceed
$100,000 may be available for representation and entertainment expenses,
of which not to exceed $5,000 may be available for entertainment
expenses.
inter-american foundation
For necessary expenses to carry out the functions of the Inter-
American Foundation in accordance with the provisions of section 401 of
the Foreign Assistance Act of 1969, $22,500,000, to remain available
until September 30, 2018: Provided, That of the funds appropriated
under this heading, not to exceed $2,000 may be available for
representation expenses.
united states african development foundation
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law 96-533),
$30,000,000, to remain available until September 30, 2018,
[[Page 131 STAT. 608]]
of which not to exceed $2,000 may be available for representation
expenses: Provided, That funds made available to grantees may be
invested pending expenditure for project purposes when authorized by the
Board of Directors of the United States African Development Foundation
(USADF): Provided further, That interest earned shall be used only for
the purposes for which the grant was made: Provided
further, <<NOTE: Waiver authority.>> That notwithstanding section
505(a)(2) of the African Development Foundation Act (22 U.S.C. 290h-
3(a)(2)), in exceptional circumstances the Board of Directors of the
USADF may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by up to 10
percent if the increase is due solely to foreign currency fluctuation:
Provided further, <<NOTE: Reports.>> That the USADF shall submit a
report to the Committees on Appropriations after each time such waiver
authority is exercised: Provided further, That the USADF may make rent
or lease payments in advance from appropriations available for such
purpose for offices, buildings, grounds, and quarters in Africa as may
be necessary to carry out its functions: Provided further, That the
USADF may maintain bank accounts outside the United States Treasury and
retain any interest earned on such accounts, in furtherance of the
purposes of the African Development Foundation Act: Provided further,
That the USADF may not withdraw any appropriation from the Treasury
prior to the need of spending such funds for program purposes.
Department of the Treasury
international affairs technical assistance
For necessary expenses to carry out the provisions of section 129 of
the Foreign Assistance Act of 1961, $30,000,000, to remain available
until September 30, 2019, which shall be available notwithstanding any
other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $889,664,000, to remain available until
September 30, 2018: Provided, <<NOTE: Notifications.>> That the
Department of State may use the authority of section 608 of the Foreign
Assistance Act of 1961, without regard to its restrictions, to receive
excess property from an agency of the United States Government for the
purpose of providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject to the
regular notification procedures of the Committees on Appropriations:
Provided further, That section 482(b) of the Foreign Assistance Act of
1961 shall not apply to funds appropriated under this heading, except
that any funds made available notwithstanding such section shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated under this
heading shall be made available to support training and technical
assistance for foreign law enforcement,
[[Page 131 STAT. 609]]
corrections, and other judicial authorities, utilizing regional
partners: Provided further, That not less than $72,565,000 of the funds
appropriated under this heading shall be transferred to, and merged
with, funds appropriated by this Act under the heading ``Assistance for
Europe, Eurasia and Central Asia'', which shall be available for the
same purposes as funds appropriated under this heading: Provided
further, That of the funds appropriated under this heading, not less
than $7,000,000 shall be made available, on a competitive basis, for
rule of law programs for transitional and post-conflict states, and for
activities to coordinate rule of law programs among foreign governments,
international and nongovernmental organizations, and other United States
Government agencies: Provided further, That funds made available under
this heading that are transferred to another department, agency, or
instrumentality of the United States Government pursuant to section
632(b) of the Foreign Assistance Act of 1961 valued in excess of
$5,000,000, and any agreement made pursuant to section 632(a) of such
Act, shall be subject to the regular notification procedures of the
Committees on Appropriations.
nonproliferation, anti-terrorism, demining and related programs
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $500,696,000, to remain
available until September 30, 2018, to carry out the provisions of
chapter 8 of part II of the Foreign Assistance Act of 1961 for anti-
terrorism assistance, chapter 9 of part II of the Foreign Assistance Act
of 1961, section 504 of the FREEDOM Support Act, section 23 of the Arms
Export Control Act, or the Foreign Assistance Act of 1961 for demining
activities, the clearance of unexploded ordnance, the destruction of
small arms, and related activities, notwithstanding any other provision
of law, including activities implemented through nongovernmental and
international organizations, and section 301 of the Foreign Assistance
Act of 1961 for a United States contribution to the Comprehensive
Nuclear Test Ban Treaty Preparatory Commission, and for a voluntary
contribution to the International Atomic Energy Agency (IAEA):
Provided, <<NOTE: Notification. Iran.>> That the Secretary of State
shall inform the appropriate congressional committees of information
regarding any separate arrangements relating to the ``Road-map for the
Clarification of Past and Present Outstanding Issues Regarding Iran's
Nuclear Program'' between the IAEA and the Islamic Republic of Iran, in
classified form if necessary, if such information becomes known to the
Department of State: Provided further, That for the clearance of
unexploded ordnance, the Secretary of State should prioritize those
areas where such ordnance was caused by the United States: Provided
further, <<NOTE: Consultation. Notification.>> That funds made available
under this heading for the Nonproliferation and Disarmament Fund shall
be made available, notwithstanding any other provision of law and
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations, to promote bilateral
and multilateral activities relating to nonproliferation, disarmament,
and weapons destruction, and shall remain available until expended:
Provided further, That such funds may also be used for such countries
other than the Independent States of the former Soviet Union and
international organizations when it is in the
[[Page 131 STAT. 610]]
national security interest of the United States to do so: Provided
further, <<NOTE: Determination.>> That funds appropriated under this
heading may be made available for the IAEA unless the Secretary of State
determines that Israel is being denied its right to participate in the
activities of that Agency: Provided
further, <<NOTE: Notification.>> That funds made available for
conventional weapons destruction programs, including demining and
related activities, in addition to funds otherwise available for such
purposes, may be used for administrative expenses related to the
operation and management of such programs and activities, subject to the
regular notification procedures of the Committees on Appropriations.
peacekeeping operations
For necessary expenses to carry out the provisions of section 551 of
the Foreign Assistance Act of 1961, $135,041,000: Provided, That funds
appropriated under this heading may be used, notwithstanding section 660
of such Act, to provide assistance to enhance the capacity of foreign
civilian security forces, including gendarmes, to participate in
peacekeeping operations: Provided further, That of the funds
appropriated under this heading, not less than $34,500,000 shall be made
available for a United States contribution to the Multinational Force
and Observers mission in the Sinai: Provided further, That none of the
funds appropriated under this heading shall be obligated except as
provided through the regular notification procedures of the Committees
on Appropriations.
Funds Appropriated to the President
international military education and training
For necessary expenses to carry out the provisions of section 541 of
the Foreign Assistance Act of 1961, $110,300,000, of which up to
$6,000,000 may remain available until September 30, 2018: Provided,
That the civilian personnel for whom military education and training may
be provided under this heading may include civilians who are not members
of a government whose participation would contribute to improved civil-
military relations, civilian control of the military, or respect for
human rights: Provided further, That of the funds appropriated under
this heading, not to exceed $55,000 may be available for entertainment
expenses.
foreign military financing program
For necessary expenses for grants to enable the President to carry
out the provisions of section 23 of the Arms Export Control Act,
$4,785,805,000: Provided, <<NOTE: Consultation. Notification.>> That to
expedite the provision of assistance to foreign countries and
international organizations, the Secretary of State, following
consultation with the Committees on Appropriations and subject to the
regular notification procedures of such Committees, may use the funds
appropriated under this heading to procure defense articles and services
to enhance the capacity of foreign security forces: Provided further,
That of the funds appropriated under this heading, not less than
$3,100,000,000 shall be available for grants only for Israel: Provided
further, <<NOTE: Grants. Israel. Deadline.>> That funds appropriated
under this heading for grants only for Israel in fiscal year 2017 shall
be disbursed within 30 days of enactment
[[Page 131 STAT. 611]]
of this Act: Provided further, That to the extent that the Government
of Israel requests that funds be used for such purposes, grants made
available for Israel under this heading shall, as agreed by the United
States and Israel, be available for advanced weapons systems, of which
not less than $815,300,000 shall be available for the procurement in
Israel of defense articles and defense services, including research and
development: Provided further, <<NOTE: Coordination.>> That none of the
funds made available under this heading shall be made available to
support or continue any program initially funded under the authority of
section 1206 of the National Defense Authorization Act for Fiscal Year
2006 (Public Law 109-163; 119 Stat. 3456), section 2282 of title 10,
United States Code, section 333 of title 10, United States Code, as
added by section 1241 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328), or any successor authorities,
unless the Secretary of State, in coordination with the Secretary of
Defense, has justified such program to the Committees on Appropriations:
Provided further, That funds appropriated or otherwise made available
under this heading shall be nonrepayable notwithstanding any requirement
in section 23 of the Arms Export Control Act: Provided further, That
funds made available under this heading shall be obligated upon
apportionment in accordance with paragraph (5)(C) of section 1501(a) of
title 31, United States Code.
None of the funds made available under this heading shall be
available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by the
United States Government under the Arms Export Control Act unless the
foreign country proposing to make such procurement has first signed an
agreement with the United States Government specifying the conditions
under which such procurement may be financed with such funds:
Provided, <<NOTE: Notification.>> That all country and funding level
increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used,
notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ``Foreign Military Sales Financing
Program'' in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available under this
heading for procurement of defense articles, defense services, or design
and construction services that are not sold by the United States
Government under the Arms Export Control Act: Provided further, That
funds appropriated under this heading shall be expended at the minimum
rate necessary to make timely payment for defense articles and services:
Provided further, That not more than $80,000,000 of the funds
appropriated under this heading may be obligated for necessary expenses,
including the purchase of passenger motor vehicles for replacement only
for use outside of the United States, for the general costs of
administering military assistance and sales, except that this limitation
may be exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds made
available under this heading for general costs of administering military
assistance and sales, not to exceed $4,000 may be available for
entertainment expenses and not to exceed $130,000 may be
[[Page 131 STAT. 612]]
available for representation expenses: Provided further, That not more
than $920,200,000 of funds realized pursuant to section 21(e)(1)(A) of
the Arms Export Control Act may be obligated for expenses incurred by
the Department of Defense during fiscal year 2017 pursuant to section
43(b) of the Arms Export Control Act, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
Funds Appropriated to the President
international organizations and programs
For necessary expenses to carry out the provisions of section 301 of
the Foreign Assistance Act of 1961, and of section 2 of the United
Nations Environment Program Participation Act of 1973, $339,000,000:
Provided, That section 307(a) of the Foreign Assistance Act of 1961
shall not apply to contributions to the United Nations Democracy Fund.
International Financial Institutions
global environment facility
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by the
Secretary of the Treasury, $146,563,000, to remain available until
expended.
contribution to the international development association
For payment to the International Development Association by the
Secretary of the Treasury, $1,197,128,000, to remain available until
expended.
contribution to the international bank for reconstruction and
development
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States share
of the paid-in portion of the increases in capital stock, $5,963,421, to
remain available until expended.
contribution to the inter-american development bank
For payment to the Inter-American Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion of
the increase in capital stock, $21,939,727, to remain available until
expended.
contribution to the asian development fund
For payment to the Asian Development Bank's Asian Development Fund
by the Secretary of the Treasury, $99,233,000, to remain available until
expended.
[[Page 131 STAT. 613]]
contribution to the african development bank
For payment to the African Development Bank by the Secretary of the
Treasury for the United States share of the paid-in portion of the
increase in capital stock, $32,418,000, to remain available until
expended.
limitation on callable capital subscriptions
The United States Governor of the African Development Bank may
subscribe without fiscal year limitation to the callable capital portion
of the United States share of such capital stock in an amount not to
exceed $507,860,808.
contribution to the african development fund
For payment to the African Development Fund by the Secretary of the
Treasury, $214,332,000, to remain available until expended.
contribution to the international fund for agricultural development
For payment to the International Fund for Agricultural Development
by the Secretary of the Treasury, $30,000,000, to remain available until
expended.
global agriculture and food security program
For payment to the Global Agriculture and Food Security Program by
the Secretary of the Treasury, $23,000,000, to remain available until
expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
Export-Import Bank of the United States
inspector general
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978, as
amended, $5,700,000, to remain available until September 30, 2018.
program account
The <<NOTE: Contracts.>> Export-Import Bank of the United States is
authorized to make such expenditures within the limits of funds and
borrowing authority available to such corporation, and in accordance
with law, and to make such contracts and commitments without regard to
fiscal year limitations, as provided by section 104 of the Government
Corporation Control Act, as may be necessary in carrying out the program
for the current fiscal year for such corporation: Provided, That none
of the funds available during the current fiscal year may be used to
make expenditures, contracts, or commitments for the export of nuclear
equipment, fuel, or technology to any country, other than a nuclear-
weapon state as defined in Article IX of the Treaty on the Non-
Proliferation of Nuclear
[[Page 131 STAT. 614]]
Weapons eligible to receive economic or military assistance under this
Act, that has detonated a nuclear explosive after the date of the
enactment of this Act.
administrative expenses
For administrative expenses to carry out the direct and guaranteed
loan and insurance programs, including hire of passenger motor vehicles
and services as authorized by section 3109 of title 5, United States
Code, and not to exceed $30,000 for official reception and
representation expenses for members of the Board of Directors, not to
exceed $110,000,000: Provided, That the Export-Import Bank (the Bank)
may accept, and use, payment or services provided by transaction
participants for legal, financial, or technical services in connection
with any transaction for which an application for a loan, guarantee or
insurance commitment has been made: Provided
further, <<NOTE: Fees.>> That the Bank shall charge fees for necessary
expenses (including special services performed on a contract or fee
basis, but not including other personal services) in connection with the
collection of moneys owed the Bank, repossession or sale of pledged
collateral or other assets acquired by the Bank in satisfaction of
moneys owed the Bank, or the investigation or appraisal of any property,
or the evaluation of the legal, financial, or technical aspects of any
transaction for which an application for a loan, guarantee or insurance
commitment has been made, or systems infrastructure directly supporting
transactions: Provided further, That in addition to other funds
appropriated for administrative expenses, such fees shall be credited to
this account for such purposes, to remain available until expended.
receipts collected
Receipts collected pursuant to the Export-Import Bank Act of 1945,
as amended, and the Federal Credit Reform Act of 1990, as amended, in an
amount not to exceed the amount appropriated herein, shall be credited
as offsetting collections to this account: Provided, That the sums
herein appropriated from the General Fund shall be reduced on a dollar-
for-dollar basis by such offsetting collections so as to result in a
final fiscal year appropriation from the General Fund estimated at $0:
Provided further, That amounts collected in fiscal year 2017 in excess
of obligations, up to $10,000,000 shall become available on September 1,
2017, and shall remain available until September 30, 2020.
Overseas Private Investment Corporation
noncredit account
The Overseas Private Investment Corporation is authorized to make,
without regard to fiscal year limitations, as provided by section 9104
of title 31, United States Code, such expenditures and commitments
within the limits of funds available to it and in accordance with law as
may be necessary: Provided, That the amount available for
administrative expenses to carry out the credit and insurance programs
(including an amount for official reception and representation expenses
which shall not exceed $35,000) shall not exceed $70,000,000: Provided
further, That project-specific transaction costs, including direct and
indirect costs incurred in
[[Page 131 STAT. 615]]
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
program account
For the cost of direct and guaranteed loans, $20,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961, to be
derived by transfer from the Overseas Private Investment Corporation
Noncredit Account: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That such sums
shall be available for direct loan obligations and loan guaranty
commitments incurred or made during fiscal years 2017, 2018, and 2019:
Provided further, That funds so obligated in fiscal year 2017 remain
available for disbursement through 2025; funds obligated in fiscal year
2018 remain available for disbursement through 2026; and funds obligated
in fiscal year 2019 remain available for disbursement through 2027:
Provided further, That notwithstanding any other provision of law, the
Overseas Private Investment Corporation is authorized to undertake any
program authorized by title IV of chapter 2 of part I of the Foreign
Assistance Act of 1961 in Iraq: Provided
further, <<NOTE: Notification.>> That funds made available pursuant to
the authority of the previous proviso shall be subject to the regular
notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from amounts
available for administrative expenses to carry out the credit and
insurance programs in the Overseas Private Investment Corporation
Noncredit Account and merged with said account.
trade and development agency
For necessary expenses to carry out the provisions of section 661 of
the Foreign Assistance Act of 1961, $75,000,000, to remain available
until September 30, 2018: Provided, That of the amounts made available
under this heading, up to $2,500,000 may be made available to provide
comprehensive procurement advice to foreign governments to support local
procurements funded by the United States Agency for International
Development, the Millennium Challenge Corporation, and the Department of
State: Provided further, That of the funds appropriated under this
heading, not more than $5,000 may be available for representation and
entertainment expenses.
TITLE VII
GENERAL PROVISIONS
allowances and differentials
Sec. 7001. Funds appropriated under title I of this Act shall be
available, except as otherwise provided, for allowances and
differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and
[[Page 131 STAT. 616]]
for hire of passenger transportation pursuant to section 1343(b) of
title 31, United States Code.
unobligated balances report
Sec. 7002. Any department or agency of the United States Government
to which funds are appropriated or otherwise made available by this Act
shall provide to the Committees on Appropriations a quarterly accounting
of cumulative unobligated balances and obligated, but unexpended,
balances by program, project, and activity, and Treasury Account Fund
Symbol of all funds received by such department or agency in fiscal year
2017 or any previous fiscal year, disaggregated by fiscal year:
Provided, That the report required by this section shall be submitted
not later than 30 days after the end of each fiscal quarter and should
specify by account the amount of funds obligated pursuant to bilateral
agreements which have not been further sub-obligated.
consulting services
Sec. 7003. <<NOTE: Contracts.>> The expenditure of any
appropriation under title I of this Act for any consulting service
through procurement contract, pursuant to section 3109 of title 5,
United States Code, shall be limited to those contracts where such
expenditures are a matter of public record and available for public
inspection, except where otherwise provided under existing law, or under
existing Executive Order issued pursuant to existing law.
diplomatic facilities
Sec. 7004. (a) Capital Security Cost Sharing Information.--The
Secretary of <<NOTE: Notification.>> State shall promptly inform the
Committees on Appropriations of each instance in which a Federal
department or agency is delinquent in providing the full amount of
funding required by section 604(e) of the Secure Embassy Construction
and Counterterrorism Act of 1999 (22 U.S.C. 4865 note).
(b) Exception.--Notwithstanding paragraph (2) of section 604(e) of
the Secure Embassy Construction and Counterterrorism Act of 1999 (as
enacted into law by section 1000(a)(7) of Public Law 106-113 and
contained in appendix G of that Act), as amended by section 111 of the
Department of State Authorities Act, Fiscal Year 2017 (Public Law 114-
323), a project to construct a facility of the United States may include
office space or other accommodations for members of the United States
Marine Corps.
(c) <<NOTE: Consultation. Determination.>> New Diplomatic
Facilities.--For the purposes of calculating the fiscal year 2017 costs
of providing new United States diplomatic facilities in accordance with
section 604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (22 U.S.C. 4865 note), the Secretary of State, in
consultation with the Director of the Office of Management and Budget,
shall determine the annual program level and agency shares in a manner
that is proportional to the contribution of the Department of State for
this purpose.
(d) Consultation and Notification Requirements.--Funds appropriated
by this Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs, which may be made
available for the acquisition of property or award of construction
contracts for overseas United States diplomatic facilities during fiscal
year 2017, shall be subject to prior
[[Page 131 STAT. 617]]
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided, That notifications pursuant to
this subsection shall include the information enumerated under the
heading ``Embassy Security, Construction, and Maintenance'' in House
Report 114-693 and Senate Report 114-290: Provided further, That any
such notification for a new diplomatic facility justified to the
Committees on Appropriations in Appendix 1 of the Congressional Budget
Justification, Department of State, Diplomatic Engagement, Fiscal Year
2017, or not previously justified to such Committees, shall also include
confirmation that the Department of State has completed the requisite
value engineering studies required pursuant to OMB Circular A-131, Value
Engineering December 31, 2013 and the Bureau of Overseas Building
Operations Policy and Procedure Directive, P&PD, Cost 02: Value
Engineering.
(e) <<NOTE: Consultation.>> Interim and Temporary Facilities
Abroad.--
(1) Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available to address security vulnerabilities at interim and
temporary United States diplomatic facilities abroad, including
physical security upgrades and local guard staffing, except that
the amount of funds made available for such purposes from this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs shall be a
minimum of $25,000,000: Provided, That the uses of such funds
should be the responsibility of the Assistant Secretary for
Diplomatic Security, Department of State, in consultation with
the Director of the Bureau of Overseas Buildings Operations,
Department of State: Provided further, That such funds shall be
subject to prior consultation with the Committees on
Appropriations.
(2) <<NOTE: Notification. Waiver
authority.>> Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an interim
or temporary United States diplomatic facility shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation and
notification may be waived if there is a security risk to
personnel.
(f) <<NOTE: Determination. Reports. Consultation. Notification.>>
Transfer of Funds Authority.--Funds appropriated under the heading
``Diplomatic and Consular Programs'', including for Worldwide Security
Protection, and under the heading ``Embassy Security, Construction, and
Maintenance'' in titles I and VIII of this Act may be transferred to,
and merged with, funds appropriated by such titles under such headings
if the Secretary of State determines and reports to the Committees on
Appropriations that to do so is necessary to implement the
recommendations of the Benghazi Accountability Review Board, or to
prevent or respond to security situations and requirements, following
consultation with, and subject to the regular notification procedures
of, such Committees: Provided, That such transfer authority is in
addition to any transfer authority otherwise available under any other
provision of law.
(g) Soft Targets.--Funds appropriated by this Act under the heading
``Embassy Security, Construction, and Maintenance'' may be made
available for security upgrades to soft targets, including schools,
recreational facilities, and residences used by United States
[[Page 131 STAT. 618]]
diplomatic personnel and their dependents, except that the amount made
available for such purposes shall be a minimum of $10,000,000:
Provided, <<NOTE: Consultation.>> That the uses of such funds should be
the responsibility of the Assistant Secretary for Diplomatic Security,
Department of State, in consultation with the Director of the Bureau of
Overseas Building Operations.
(h) Reports.--
(1) None of the funds appropriated under the heading
``Embassy Security, Construction, and Maintenance'' in this Act
and prior Acts making appropriations for the Department of
State, foreign operations, and related programs, made available
through Federal agency Capital Security Cost Sharing
contributions and reimbursements, or generated from the proceeds
of real property sales, other than from real property sales
located in London, United Kingdom, may be made available for
site acquisition and mitigation, planning, design, or
construction of the New London Embassy: Provided, That the
reporting requirement contained in section 7004(f)(2) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
remain in effect during fiscal year 2017.
(2) <<NOTE: Termination date.>> Within 45 days of enactment
of this Act and every 4 months thereafter until September 30,
2018, the Secretary of State shall submit to the Committees on
Appropriations a report on the new Mexico City Embassy and
Beirut Embassy projects: Provided, That such report shall
include, for each of the projects--
(A) a detailed breakout of the project factors that
formed the basis of the initial cost estimate used to
justify such project to the Committees on
Appropriations, as described under the heading ``Embassy
Security Construction and Maintenance'' in House Report
114-693;
(B) a comparison of the current project factors as
compared to the project factors submitted pursuant to
subparagraph (A) of this subsection, and an explanation
of any changes; and
(C) the impact of currency exchange rate
fluctuations on project costs.
(i) <<NOTE: 22 USC 4864 note.>> Strengthening Oversight.--Funds
appropriated by this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related programs under the
heading ``Diplomatic and Consular Programs'' for Worldwide Security
Protection shall be made available to strengthen oversight of the local
guard force at a critical post abroad through the use of United States
Government employees or contractors who are United States citizens:
Provided, That such funds are in addition to funds otherwise made
available by such Acts for such purposes: Provided further, That the
total annual operating costs associated with providing such oversight in
fiscal year 2017 and subsequent fiscal years shall be shared among
agencies through the International Cooperative Administrative Support
Services program: Provided
further, <<NOTE: Deadline. Consultation.>> That not later than 45 days
after enactment of this Act, and prior to the obligation of funds for
such purposes, the Secretary of State shall consult with the Committees
on Appropriations on plans to carry out the requirement of this
subsection: Provided further, That amounts made available pursuant to
this subsection from prior Acts making appropriations for the Department
of State,
[[Page 131 STAT. 619]]
foreign operations, and related programs that were previously designated
by the Congress for Overseas Contingency Operation/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985 are designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of such Act.
personnel actions
Sec. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken in
response to funding reductions included in this Act shall be absorbed
within the total budgetary resources available under title I to such
department or agency: Provided, That the authority to transfer funds
between appropriations accounts as may be necessary to carry out this
section is provided in addition to authorities included elsewhere in
this Act: Provided further, That use of funds to carry out this section
shall be treated as a reprogramming of funds under section 7015 of this
Act.
department of state management
Sec. 7006. (a) Financial Systems Improvement.--Funds appropriated by
this Act for the operations of the Department of State under the
headings ``Diplomatic and Consular Programs'' and ``Capital Investment
Fund'' shall be made available to implement the recommendations
contained in the Foreign Assistance Data Review Findings Report (FADR)
and the Office of Inspector General (OIG) report entitled ``Department
Financial Systems Are Insufficient to Track and Report on Foreign
Assistance Funds'': Provided, <<NOTE: Deadline. Implementation
plan.>> That not later than 45 days after enactment of this Act, the
Secretary of State shall submit to the Committees on Appropriations a
plan, including timeline and costs, for implementing the FADR and OIG
recommendations: Provided further, That such funds may not be obligated
for enhancements to, or expansions of, the Budget System Modernization
Financial System, Central Resource Management System, Joint Financial
Management System, or Foreign Assistance Coordination and Tracking
System until such plan is submitted to the Committees on Appropriations:
Provided further, <<NOTE: Consultation. Review. Certification.>> That
such funds may not be obligated for new, or expansion of existing, ad
hoc electronic systems to track commitments, obligations or expenditures
of funds unless the Secretary of State, following consultation with the
Chief Information Officer of the Department of State, has reviewed and
certified that such new system or expansion is consistent with the FADR
and OIG recommendations.
(b) Working Capital Fund.--Funds appropriated by this Act or
otherwise made available to the Department of State for payments to the
Working Capital Fund may only be used for the service centers included
in Appendix 1 of the Congressional Budget Justification, Department of
State, Diplomatic Engagement, Fiscal Year 2017: Provided, That the
amounts for such service centers shall be the amounts included in such
budget justification, except as provided in section 7015(b) of this Act:
Provided further, That Federal agency components shall be charged only
for their direct usage of each Working Capital Fund service: Provided
further, That <<NOTE: Contracts. Time period. Assessment.>> prior to
increasing the percentage charged to Department
[[Page 131 STAT. 620]]
of State bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the Department
of State budget justification or, at least 60 days prior to the
increase, provide the Committees on Appropriations a justification for
such increase, including a detailed assessment of the cost and benefit
of the services provided by the procurement fee: Provided further, That
Federal agency components may only pay for Working Capital Fund services
that are consistent with the purpose and authorities of such components:
Provided further, That the Working Capital Fund shall be paid in
advance or reimbursed at rates which will return the full cost of each
service.
(c) Certification Requirement.--
Not <<NOTE: Deadline. Reports.>> later than 45 days after the initial
obligation of funds appropriated under titles III and IV of this Act
that are made available to a Department of State bureau or office with
responsibility for the oversight or management of such funds, the
Secretary of State shall certify and report to the Committees on
Appropriations, on an individual bureau or office basis, that such
bureau or office is in compliance with Department and Federal financial
management policies, procedures and regulations, as appropriate:
Provided, <<NOTE: Plan. Timeline.>> That if the Secretary is unable to
make such certification for an individual bureau or office, the
Secretary shall submit a plan and timeline to such Committees detailing
the steps to be taken to ensure such compliance.
(d) Report on Sole Source Awards.--Not later than December 31, 2017,
the Secretary of State shall submit a report to the appropriate
congressional committees detailing all sole-source awards made by the
Department of State during the previous fiscal year in excess of
$2,000,000: Provided, That such report should be posted on the
Department of State Web site.
prohibition against direct funding for certain countries
Sec. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations
for the governments of Cuba, North Korea, Iran, or Syria: Provided,
That for purposes of this section, the prohibition on obligations or
expenditures shall include direct loans, credits, insurance, and
guarantees of the Export-Import Bank or its agents.
coups d'etat
Sec. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government is
deposed by military coup d'etat or decree or, after the date of
enactment of this Act, a coup d'etat or decree in which the military
plays a decisive role: Provided, <<NOTE: Certification. Reports.>> That
assistance may be resumed to such government if the Secretary of State
certifies and reports to the appropriate congressional committees that
subsequent to the termination of assistance a democratically elected
government has taken office: Provided further, That the provisions of
this section shall not apply to assistance to promote democratic
elections or public participation in democratic processes: Provided
further, <<NOTE: Notification.>> That funds made available pursuant to
the previous provisos shall be subject to the regular notification
procedures of the Committees on Appropriations.
[[Page 131 STAT. 621]]
transfer of funds authority
Sec. 7009. (a) Department of State and Broadcasting Board of
Governors.--
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between, and
merged with, such appropriations, but no such appropriation,
except as otherwise specifically provided, shall be increased by
more than 10 percent by any such transfers, and no such transfer
may be made to increase the appropriation under the heading
``Representation Expenses''.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers.
(3) Any transfer pursuant to this subsection shall be
treated as a reprogramming of funds under section 7015 of this
Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that
section.
(b) Title VI Agencies.--Not to exceed 5 percent of any appropriation
other than for administrative expenses made available for fiscal year
2017, for programs under title VI of this Act may be transferred between
such appropriations for use for any of the purposes, programs, and
activities for which the funds in such receiving account may be used,
but no such appropriation, except as otherwise specifically provided,
shall be increased by more than 25 percent by any such transfer:
Provided, <<NOTE: Notification.>> That the exercise of such authority
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(c) Limitation on Transfers of Funds Between Agencies.--
(1) None of the funds made available under titles II through
V of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by, or transfer authority provided in, this
Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds
appropriated by this Act to carry out the purposes of the
Foreign Assistance Act of 1961 may be allocated or transferred
to agencies of the United States Government pursuant to the
provisions of sections 109, 610, and 632 of the Foreign
Assistance Act of 1961.
(3) <<NOTE: Notification.>> Any agreement entered into by
the United States Agency for International Development or the
Department of State with any department, agency, or
instrumentality of the United States Government pursuant to
section 632(b) of the Foreign Assistance Act of 1961 valued in
excess of $1,000,000 and any agreement made pursuant to section
632(a) of such Act, with funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs under the headings ``Global
Health Programs'', ``Development Assistance'', ``Economic
Support Fund'', and ``Assistance for Europe, Eurasia and Central
Asia'' shall
[[Page 131 STAT. 622]]
be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That the requirement in
the previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
(d) <<NOTE: President. Time period. Consultation.>> Transfer of
Funds Between Accounts.--None of the funds made available under titles
II through V of this Act may be obligated under an appropriations
account to which such funds were not appropriated, except for transfers
specifically provided for in this Act, unless the President, not less
than 5 days prior to the exercise of any authority contained in the
Foreign Assistance Act of 1961 to transfer funds, consults with and
provides a written policy justification to the Committees on
Appropriations.
(e) Audit of Inter-agency Transfers of Funds.--Any agreement for the
transfer or allocation of funds appropriated by this Act or prior Acts
making appropriations for the Department of State, foreign operations
and related programs, entered into between the Department of State or
USAID and another agency of the United States Government under the
authority of section 632(a) of the Foreign Assistance Act of 1961 or any
comparable provision of law, shall expressly provide that the Inspector
General (IG) for the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the receiving agency
does not have an IG, shall perform periodic program and financial audits
of the use of such funds and report to the Department of State or USAID,
as appropriate, upon completion of such audits: Provided, That such
audits shall be transmitted to the Committees on Appropriations by the
Department of State or USAID, as appropriate: Provided further, That
funds transferred under such authority may be made available for the
cost of such audits.
(f) Report.--Not later than 90 days after enactment of this Act, the
Secretary of State and the USAID Administrator shall each submit a
report to the Committees on Appropriations detailing all transfers to
another agency of the United States Government made pursuant to sections
632(a) and 632(b) of the Foreign Assistance Act of 1961 with funds
provided in the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2016 (division K of Public Law 114-113) as
of the date of enactment of this Act: Provided, <<NOTE: Lists.>> That
such reports shall include a list of each transfer made pursuant to such
sections with the respective funding level, appropriation account, and
the receiving agency.
prohibition on certain operational expenses
Sec. 7010. (a) First-Class Travel.--None of the funds made available
by this Act may be used for first-class travel by employees of United
States Government departments and agencies funded by this Act in
contravention of section 301-10.122 through 301-10.124 of title 41, Code
of Federal Regulations.
(b) <<NOTE: Pornography.>> Computer Networks.--None of the funds
made available by this Act for the operating expenses of any United
States Government department or agency may be used to establish or
maintain a computer network for use by such department or agency unless
such network has filters designed to block access to sexually explicit
Web sites: Provided, That nothing in this subsection shall limit the
use of funds necessary for any Federal, State, tribal, or local
[[Page 131 STAT. 623]]
law enforcement agency, or any other entity carrying out the following
activities: criminal investigations, prosecutions, and adjudications;
administrative discipline; and the monitoring of such Web sites
undertaken as part of official business.
(c) Prohibition on Promotion of Tobacco.--None of the funds made
available by this Act shall be available to promote the sale or export
of tobacco or tobacco products, or to seek the reduction or removal by
any foreign country of restrictions on the marketing of tobacco or
tobacco products, except for restrictions which are not applied equally
to all tobacco or tobacco products of the same type.
availability of funds
Sec. 7011. No part of any appropriation contained in this Act shall
remain available for obligation after the expiration of the current
fiscal year unless expressly so provided by this Act: Provided, That
funds appropriated for the purposes of chapters 1 and 8 of part I,
section 661, chapters 4, 5, 6, 8, and 9 of part II of the Foreign
Assistance Act of 1961, section 23 of the Arms Export Control Act, and
funds provided under the headings ``Development Credit Authority'' and
``Assistance for Europe, Eurasia and Central Asia'' shall remain
available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially obligated before the expiration of their respective
periods of availability contained in this Act: Provided
further, <<NOTE: Extension.>> That notwithstanding any other provision
of this Act, any funds made available for the purposes of chapter 1 of
part I and chapter 4 of part II of the Foreign Assistance Act of 1961
which are allocated or obligated for cash disbursements in order to
address balance of payments or economic policy reform objectives, shall
remain available for an additional 4 years from the date on which the
availability of such funds would otherwise have expired, if such funds
are initially allocated or obligated before the expiration of their
respective periods of availability contained in this Act: Provided
further, <<NOTE: Reports. Deadline.>> That the Secretary of State shall
provide a report to the Committees on Appropriations not later than
October 30, 2017, detailing by account and source year, the use of this
authority during the previous fiscal year.
limitation on assistance to countries in default
Sec. 7012. <<NOTE: President. Determination. Consultation.>> No
part of any appropriation provided under titles III through VI in this
Act shall be used to furnish assistance to the government of any country
which is in default during a period in excess of 1 calendar year in
payment to the United States of principal or interest on any loan made
to the government of such country by the United States pursuant to a
program for which funds are appropriated under this Act unless the
President determines, following consultations with the Committees on
Appropriations, that assistance for such country is in the national
interest of the United States.
prohibition on taxation of united states assistance
Sec. 7013. (a) Prohibition on Taxation.--None of the funds
appropriated under titles III through VI of this Act may be made
[[Page 131 STAT. 624]]
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which such
assistance is to be provided unless such agreement includes a provision
stating that assistance provided by the United States shall be exempt
from taxation, or reimbursed, by the foreign government, and the
Secretary of State and the Administrator of the United States Agency for
International Development shall expeditiously seek to negotiate
amendments to existing bilateral agreements, as necessary, to conform
with this requirement.
(b) <<NOTE: Deadline.>> Notification and Reimbursement of Foreign
Taxes.--An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2017 on funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs by a foreign government or entity against United
States assistance programs, either directly or through grantees,
contractors, and subcontractors shall be withheld from obligation from
funds appropriated for assistance for fiscal year 2018 and for prior
fiscal years and allocated for the central government of such country or
for the West Bank and Gaza program if, not later than September 30,
2018, such taxes have not been reimbursed:
Provided, <<NOTE: Reports.>> That the Secretary of State shall report to
the Committees on Appropriations by such date on the foreign governments
and entities that have not reimbursed such taxes, including any amount
of funds withheld pursuant to this subsection.
(c) De Minimis Exception.--Foreign taxes of a de minimis nature
shall not be subject to the provisions of subsection (b).
(d) Reprogramming of Funds.--Funds withheld from obligation for each
foreign government or entity pursuant to subsection (b) shall be
reprogrammed for assistance for countries which do not assess taxes on
United States assistance or which have an effective arrangement that is
providing substantial reimbursement of such taxes, and that can
reasonably accommodate such assistance in a programmatically responsible
manner.
(e) Determinations.--
(1) <<NOTE: Reports.>> The provisions of this section shall
not apply to any foreign government or entity that assesses such
taxes if the Secretary of State reports to the Committees on
Appropriations that--
(A) such foreign government or entity has an
effective arrangement that is providing substantial
reimbursement of such taxes; or
(B) the foreign policy interests of the United
States outweigh the purpose of this section to ensure
that United States assistance is not subject to
taxation.
(2) <<NOTE: Consultation.>> The Secretary of State shall
consult with the Committees on Appropriations at least 15 days
prior to exercising the authority of this subsection with regard
to any foreign government or entity.
(f) <<NOTE: Regulations. Guidance.>> Implementation.--The Secretary
of State shall issue rules, regulations, or policy guidance, as
appropriate, to implement the prohibition against the taxation of
assistance contained in this section.
(g) Definitions.--As used in this section--
(1) the term ``bilateral agreement'' refers to a framework
bilateral agreement between the Government of the United States
and the government of the country receiving assistance
[[Page 131 STAT. 625]]
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally, or
an individual agreement between the Government of the United
States and such government that describes, among other things,
the treatment for tax purposes that will be accorded the United
States assistance provided under that agreement; and
(2) the term ``taxes and taxation'' shall include value
added taxes and customs duties but shall not include individual
income taxes assessed to local staff.
(h) Report.--The Secretary of State, in consultation with the heads
of other relevant departments or agencies of the United States
Government, shall submit a report to the Committees on Appropriations,
not later than 90 days after the enactment of this Act, detailing steps
taken by such departments or agencies to comply with the requirements of
this section, including rules, regulations, and policy guidance issued
pursuant to subsection (f).
reservations of funds
Sec. 7014. (a) Reprogramming.--Funds appropriated under titles III
through VI of this Act which are specifically designated may be
reprogrammed for other programs within the same account notwithstanding
the designation if compliance with the designation is made impossible by
operation of any provision of this or any other Act:
Provided, <<NOTE: Notification.>> That any such reprogramming shall be
subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the same terms
and conditions as originally provided.
(b) Extension of Availability.--In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department of
State or the United States Agency for International Development that are
specifically designated for particular programs or activities by this or
any other Act may be extended for an additional fiscal year if the
Secretary of State or the USAID Administrator, as
appropriate, <<NOTE: Determination. Reports.>> determines and reports
promptly to the Committees on Appropriations that the termination of
assistance to a country or a significant change in circumstances makes
it unlikely that such designated funds can be obligated during the
original period of availability: Provided, That such designated funds
that continue to be available for an additional fiscal year shall be
obligated only for the purpose of such designation.
(c) Other Acts.--Ceilings and specifically designated funding levels
contained in this Act shall not be applicable to funds or authorities
appropriated or otherwise made available by any subsequent Act unless
such Act specifically so directs: Provided, That specifically
designated funding levels or minimum funding requirements contained in
any other Act shall not be applicable to funds appropriated by this Act.
notification requirements
Sec. 7015. <<NOTE: Time period.>> (a) Notification of Changes in
Programs, Projects, and Activities.--None of the funds made available in
titles I and II of this Act or prior Acts making appropriations
[[Page 131 STAT. 626]]
for the Department of State, foreign operations, and related programs to
the departments and agencies funded by this Act that remain available
for obligation in fiscal year 2017, or provided from any accounts in the
Treasury of the United States derived by the collection of fees or of
currency reflows or other offsetting collections, or made available by
transfer, to the departments and agencies funded by this Act, shall be
available for obligation to--
(1) create new programs;
(2) eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, or rename bureaus, centers,
or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations or such
Committees are notified 15 days in advance of such obligation.
(b) Notification of Reprogramming of Funds.--None of the funds
provided under titles I and II of this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs, to the departments and agencies funded under titles I
and II of this Act that remain available for obligation in fiscal year
2017, or provided from any accounts in the Treasury of the United States
derived by the collection of fees available to the department and agency
funded under title I of this Act, shall be available for obligation or
expenditure for activities, programs, or projects through a
reprogramming of funds in excess of $1,000,000 or 10 percent, whichever
is less, that--
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent as
approved by Congress; or
(4) results from any general savings, including savings from
a reduction in personnel, which would result in a change in
existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in advance
of such reprogramming of funds.
(c) Notification Requirement.--None of the funds made available by
this Act under the headings ``Global Health Programs'', ``Development
Assistance'', ``International Organizations and Programs'', ``Trade and
Development Agency'', ``International Narcotics Control and Law
Enforcement'', ``Economic Support Fund'', ``Democracy Fund'',
``Assistance for Europe, Eurasia and Central Asia'', ``Peacekeeping
Operations'', ``Nonproliferation, Anti-terrorism, Demining and Related
Programs'', ``Millennium Challenge Corporation'', ``Foreign Military
Financing Program'', ``International Military Education and Training'',
and ``Peace Corps'', shall be available for obligation for activities,
programs, projects, type of materiel assistance, countries, or other
operations not justified or in excess of the amount justified to the
Committees on Appropriations for obligation under any of these specific
headings unless the Committees on Appropriations are notified 15 days in
advance: Provided, That the <<NOTE: President.>> President shall not
enter into any commitment of funds appropriated for the purposes of
section 23 of the Arms Export
[[Page 131 STAT. 627]]
Control Act for the provision of major defense equipment, other than
conventional ammunition, or other major defense items defined to be
aircraft, ships, missiles, or combat vehicles, not previously justified
to Congress or 20 percent in excess of the quantities justified to
Congress unless the Committees on Appropriations are notified 15 days in
advance of such commitment: Provided further, That requirements of this
subsection or any similar provision of this or any other Act shall not
apply to any reprogramming for an activity, program, or project for
which funds are appropriated under titles III through VI of this Act of
less than 10 percent of the amount previously justified to Congress for
obligation for such activity, program, or project for the current fiscal
year: Provided further, That any notification submitted pursuant to
subsection (f) of this section shall include information (if known on
the date of transmittal of such notification) on the use of
notwithstanding authority: Provided further, That if subsequent to the
notification of assistance it becomes necessary to rely on
notwithstanding authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent practicable.
(d) Notification of Transfer of Funds.--Notwithstanding any other
provision of law, with the exception of funds transferred to, and merged
with, funds appropriated under title I of this Act, funds transferred by
the Department of Defense to the Department of State and the United
States Agency for International Development for assistance for foreign
countries and international organizations, and funds made available for
programs previously authorized under section 1206 of the National
Defense Authorization Act for Fiscal Year 2006 (Public Law 109-163; 119
Stat. 3456), section 2282 of title 10, United States Code, section 333
of title 10, United States Code, as added by section 1241 of the
National Defense Authorization Act for Fiscal Year 2017 (Public Law 114-
328), or any successor authorities, shall be subject to the regular
notification procedures of the Committees on Appropriations.
(e) Waiver.--The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived if failure
to do so would pose a substantial risk to human health or welfare:
Provided, <<NOTE: Deadline.>> That in case of any such waiver,
notification to the Committees on Appropriations shall be provided as
early as practicable, but in no event later than 3 days after taking the
action to which such notification requirement was applicable, in the
context of the circumstances necessitating such waiver: Provided
further, That any notification provided pursuant to such a waiver shall
contain an explanation of the emergency circumstances.
(f) Country Notification Requirements.--None of the funds
appropriated under titles III through VI of this Act may be obligated or
expended for assistance for Afghanistan, Bahrain, Bolivia, Burma,
Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador, Ethiopia,
Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya, Mexico,
Pakistan, Philippines, the Russian Federation, Somalia, South Sudan, Sri
Lanka, Sudan, Syria, Uzbekistan, Venezuela, Yemen, and Zimbabwe except
as provided through the regular notification procedures of the
Committees on Appropriations.
(g) Trust Funds.--Funds appropriated or otherwise made available in
title III of this Act and prior Acts making funds
[[Page 131 STAT. 628]]
available for the Department of State, foreign operations, and related
programs that are made available for a trust fund held by an
international financial institution as defined by section 7034(r)(3) of
this Act shall be subject to the regular notification procedures of the
Committees on Appropriations: Provided, That such notification shall
include the information specified under this section in the explanatory
statement described in section 4 (in the matter preceding division A of
this Consolidated Act).
(h) <<NOTE: Consultation.>> Pilot Program Notification
Requirement.--Funds appropriated under Title I of this Act under the
heading ``Diplomatic and Consular Programs'' that are made available for
a pilot program for lateral entry into the Foreign Service shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(i) Withholding of Funds.--Funds appropriated by this Act under
titles III and IV that are withheld from obligation or otherwise not
programmed as a result of application of a provision of law in this or
any other Act shall, if reprogrammed, be subject to the regular
notification procedures of the Committees on Appropriations.
notification on excess defense equipment
Sec. 7016. Prior to providing excess Department of Defense articles
in accordance with section 516(a) of the Foreign Assistance Act of 1961,
the Department of Defense shall notify the Committees on Appropriations
to the same extent and under the same conditions as other committees
pursuant to subsection (f) of that section: Provided, That before
issuing a letter of offer to sell excess defense articles under the Arms
Export Control Act, the Department of Defense shall notify the
Committees on Appropriations in accordance with the regular notification
procedures of such Committees if such defense articles are significant
military equipment (as defined in section 47(9) of the Arms Export
Control Act) or are valued (in terms of original acquisition cost) at
$7,000,000 or more, or if notification is required elsewhere in this Act
for the use of appropriated funds for specific countries that would
receive such excess defense articles: Provided further, That such
Committees shall also be informed of the original acquisition cost of
such defense articles.
limitation on availability of funds for international organizations and
programs
Sec. 7017. <<NOTE: Notification.>> Subject to the regular
notification procedures of the Committees on Appropriations, funds
appropriated under titles I and III through V of this Act, which are
returned or not made available for organizations and programs because of
the implementation of section 307(a) of the Foreign Assistance Act of
1961, shall remain available for obligation until September 30, 2019:
Provided, That the requirement to withhold funds for programs in Burma
under section 307(a) of the Foreign Assistance Act of 1961 shall not
apply to funds appropriated by this Act.
[[Page 131 STAT. 629]]
prohibition on funding for abortions and involuntary sterilization
Sec. 7018. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be used to pay for
the performance of abortions as a method of family planning or to
motivate or coerce any person to practice abortions. None of the funds
made available to carry out part I of the Foreign Assistance Act of
1961, as amended, may be used to pay for the performance of involuntary
sterilization as a method of family planning or to coerce or provide any
financial incentive to any person to undergo sterilizations. None of the
funds made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance of,
abortions or involuntary sterilization as a means of family
planning. <<NOTE: President. Certification.>> None of the funds made
available to carry out part I of the Foreign Assistance Act of 1961, as
amended, may be obligated or expended for any country or organization if
the President certifies that the use of these funds by any such country
or organization would violate any of the above provisions related to
abortions and involuntary sterilizations.
allocations
Sec. 7019. (a) Allocation Tables.--Subject to subsection (b), funds
appropriated by this Act under titles III through V shall be made
available in the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act): Provided,
That such designated amounts for foreign countries and international
organizations shall serve as the amounts for such countries and
international organizations transmitted to Congress in the report
required by section 653(a) of the Foreign Assistance Act of 1961.
(b) Authorized Deviations.--Unless otherwise provided for by this
Act, the Secretary of State and the Administrator of the United States
Agency for International Development, as applicable, may only deviate up
to 5 percent from the amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act): Provided,
That such percentage may be exceeded only to respond to significant,
exigent, or unforeseen events, or to address other exceptional
circumstances directly related to the national interest: Provided
further, <<NOTE: Consultation. Notification.>> That deviations pursuant
to the previous proviso shall be subject to prior consultation with, and
the regular notification procedures of, the Committees on
Appropriations.
(c) Limitation.--For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by section
653(a) of the Foreign Assistance Act of 1961, no deviations authorized
by subsection (b) may take place until submission of such report.
(d) Exceptions.--
(1) Subsections (a) and (b) shall not apply to--
(A) amounts designated for ``International Military
Education and Training'' in the respective tables
included in the explanatory statement described in
section 4 (in
[[Page 131 STAT. 630]]
the matter preceding division A of this Consolidated
Act); and
(B) funds for which the initial period of
availability has expired.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the joint
explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act) shall not apply
to the table included under the heading ``Global Health
Programs'' in such joint explanatory statement.
representation and entertainment expenses
Sec. 7020. (a) Uses of Funds.--Each Federal department, agency, or
entity funded in titles I or II of this Act, and the Department of the
Treasury and independent agencies funded in titles III or VI of this
Act, shall take steps to ensure that domestic and overseas
representation and entertainment expenses further official agency
business and United States foreign policy interests--
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol
nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) Limitations.--None of the funds appropriated or otherwise made
available by this Act under the headings ``International Military
Education and Training'' or ``Foreign Military Financing Program'' for
Informational Program activities or under the headings ``Global Health
Programs'', ``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'' may be obligated or
expended to pay for--
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are
substantially of a recreational character, including but not
limited to entrance fees at sporting events, theatrical and
musical productions, and amusement parks.
prohibition on assistance to governments supporting international
terrorism
Sec. 7021. <<NOTE: President.>> (a) Lethal Military Equipment
Exports.--
(1) Prohibition.--None of the funds appropriated or
otherwise made available by titles III through VI of this Act
may be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act:
Provided, <<NOTE: Termination date.>> That the prohibition under
this section with respect to a foreign government shall
terminate 12 months after that government ceases to provide such
military equipment: Provided
further, <<NOTE: Applicability.>> That this section applies with
respect to lethal military equipment provided under a contract
entered into after October 1, 1997.
(2) Determination.--Assistance restricted by paragraph (1)
or any other similar provision of law, may be furnished
[[Page 131 STAT. 631]]
if the President determines that to do so is important to the
national interest of the United States.
(3) Report.--Whenever the President makes a determination
pursuant to paragraph (2), the President shall submit to the
Committees on Appropriations a report with respect to the
furnishing of such assistance, including a detailed explanation
of the assistance to be provided, the estimated dollar amount of
such assistance, and an explanation of how the assistance
furthers United States national interest.
(b) <<NOTE: Determination.>> Bilateral Assistance.--
(1) Limitations.--Funds appropriated for bilateral
assistance in titles III through VI of this Act and funds
appropriated under any such title in prior Acts making
appropriations for the Department of State, foreign operations,
and related programs, shall not be made available to any foreign
government which the President determines--
(A) grants sanctuary from prosecution to any
individual or group which has committed an act of
international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).
(2) Waiver.--The President may waive the application of
paragraph (1) to a government if the President determines that
national security or humanitarian reasons justify such waiver:
Provided, <<NOTE: Federal Register. Time
period. Notification.>> That the President shall publish each
such waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on
Appropriations of the waiver (including the justification for
the waiver) in accordance with the regular notification
procedures of the Committees on Appropriations.
authorization requirements
Sec. 7022. Funds appropriated by this Act, except funds
appropriated under the heading ``Trade and Development Agency'', may be
obligated and expended notwithstanding section 10 of Public Law 91-672
(22 U.S.C. 2412), section 15 of the State Department Basic Authorities
Act of 1956 (22 U.S.C. 2680), section 313 of the Foreign Relations
Authorization Act, Fiscal Years 1994 and 1995 (22 U.S.C. 6212), and
section 504(a)(1) of the National Security Act of 1947 (50 U.S.C.
3094(a)(1)).
definition of program, project, and activity
Sec. 7023. For the purpose of titles II through VI of this Act
``program, project, and activity'' shall be defined at the
appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``Foreign Military Financing Program'', ``program, project, and
activity'' shall also be considered to include country, regional, and
central program level funding within each such account; and for the
development assistance accounts of the United States Agency for
International Development, ``program, project, and activity'' shall
[[Page 131 STAT. 632]]
also be considered to include central, country, regional, and program
level funding, either as--
(1) justified to Congress; or
(2) <<NOTE: Reports. Deadline.>> allocated by the Executive
Branch in accordance with a report, to be provided to the
Committees on Appropriations within 30 days of the enactment of
this Act, as required by section 653(a) of the Foreign
Assistance Act of 1961 or as modified pursuant to section 7019
of this Act.
authorities for the peace corps, inter-american foundation and united
states african development foundation
Sec. 7024. Unless expressly provided to the contrary, provisions of
this or any other Act, including provisions contained in prior Acts
authorizing or making appropriations for the Department of State,
foreign operations, and related programs, shall not be construed to
prohibit activities authorized by or conducted under the Peace Corps
Act, the Inter-American Foundation Act or the African Development
Foundation Act:
Provided, <<NOTE: Consultation. Reports. Deadline.>> That prior to
conducting activities in a country for which assistance is prohibited,
the agency shall consult with the Committees on Appropriations and
report to such Committees within 15 days of taking such action.
commerce, trade and surplus commodities
Sec. 7025. (a) World Markets.--None of the funds appropriated or
made available pursuant to titles III through VI of this Act for direct
assistance and none of the funds otherwise made available to the Export-
Import Bank and the Overseas Private Investment Corporation shall be
obligated or expended to finance any loan, any assistance, or any other
financial commitments for establishing or expanding production of any
commodity for export by any country other than the United States, if the
commodity is likely to be in surplus on world markets at the time the
resulting productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers of
the same, similar, or competing commodity:
Provided, <<NOTE: Notification.>> That such prohibition shall not apply
to the Export-Import Bank if in the judgment of its Board of Directors
the benefits to industry and employment in the United States are likely
to outweigh the injury to United States producers of the same, similar,
or competing commodity, and the Chairman of the Board so notifies the
Committees on Appropriations: Provided further, That this subsection
shall not prohibit--
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(2) <<NOTE: President. Determination.>> activities in a
country the President determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(b) Exports.--None of the funds appropriated by this or any other
Act to carry out chapter 1 of part I of the Foreign Assistance Act of
1961 shall be available for any testing or breeding feasibility study,
variety improvement or introduction, consultancy, publication,
conference, or training in connection with the growth or
[[Page 131 STAT. 633]]
production in a foreign country of an agricultural commodity for export
which would compete with a similar commodity grown or produced in the
United States: Provided, That this subsection shall not prohibit--
(1) activities designed to increase food security in
developing countries where such activities will not have a
significant impact on the export of agricultural commodities of
the United States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis the
agricultural commodity with respect to which assistance is
furnished; or
(4) <<NOTE: President. Determination.>> activities in a
country the President determines is recovering from widespread
conflict, a humanitarian crisis, or a complex emergency.
(c) <<NOTE: 22 USC 262h note.>> International Financial
Institutions.--The Secretary of the Treasury shall instruct the United
States executive directors of the international financial institutions,
as defined in section 7034(r)(3) of this Act, to use the voice and vote
of the United States to oppose any assistance by such institutions,
using funds appropriated or made available by this Act, for the
production or extraction of any commodity or mineral for export, if it
is in surplus on world markets and if the assistance will cause
substantial injury to United States producers of the same, similar, or
competing commodity.
separate accounts
Sec. 7026. <<NOTE: 22 USC 2362 note.>> (a) Separate Accounts for
Local Currencies.--
(1) Agreements.--If assistance is furnished to the
government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of 1961
under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall--
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth--
(i) the amount of the local currencies to be
generated; and
(ii) the terms and conditions under which the
currencies so deposited may be utilized,
consistent with this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) Uses of local currencies.--As may be agreed upon with
the foreign government, local currencies deposited in a separate
account pursuant to subsection (a), or an equivalent amount of
local currencies, shall be used only--
[[Page 131 STAT. 634]]
(A) to carry out chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of
1961 (as the case may be), for such purposes as--
(i) project and sector assistance activities;
or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the
United States Government.
(3) Programming accountability.--USAID shall take all
necessary steps to ensure that the equivalent of the local
currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) Termination of assistance programs.--Upon termination of
assistance to a country under chapter 1 or 10 of part I or
chapter 4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), any unencumbered balances of funds which
remain in a separate account established pursuant to subsection
(a) shall be disposed of for such purposes as may be agreed to
by the government of that country and the United States
Government.
(5) Reporting requirement.--The USAID Administrator shall
report as part of the congressional budget justification
submitted to the Committees on Appropriations on the use of
local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B),
and such report shall include the amount of local currency (and
United States dollar equivalent) used or to be used for such
purpose in each applicable country.
(b) Separate Accounts for Cash Transfers.--
(1) In general.--If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of part I
or chapter 4 of part II of the Foreign Assistance Act of 1961,
as cash transfer assistance or as nonproject sector assistance,
that country shall be required to maintain such funds in a
separate account and not commingle with any other funds.
(2) Applicability of other provisions of law.--Such funds
may be obligated and expended notwithstanding provisions of law
which are inconsistent with the nature of this assistance
including provisions which are referenced in the Joint
Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No. 98-
1159).
(3) <<NOTE: Time period. President.>> Notification.--At
least 15 days prior to obligating any such cash transfer or
nonproject sector assistance, the President shall submit a
notification through the regular notification procedures of the
Committees on Appropriations, which shall include a detailed
description of how the funds proposed to be made available will
be used, with a discussion of the United States interests that
will be served by such assistance (including, as appropriate, a
description of the economic policy reforms that will be promoted
by such assistance).
(4) Exemption.--Nonproject sector assistance funds may be
exempt from the requirements of paragraph (1) only through the
regular notification procedures of the Committees on
Appropriations.
[[Page 131 STAT. 635]]
eligibility for assistance
Sec. 7027. (a) Assistance Through Nongovernmental Organizations.--
Restrictions contained in this or any other Act with respect to
assistance for a country shall not be construed to restrict assistance
in support of programs of nongovernmental organizations from funds
appropriated by this Act to carry out the provisions of chapters 1, 10,
11, and 12 of part I and chapter 4 of part II of the Foreign Assistance
Act of 1961 and from funds appropriated under the heading ``Assistance
for Europe, Eurasia and Central Asia'':
Provided, <<NOTE: President. Notification.>> That before using the
authority of this subsection to furnish assistance in support of
programs of nongovernmental organizations, the President shall notify
the Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted, the
assistance to be provided, and the reasons for furnishing such
assistance: Provided further, <<NOTE: Abortion. Sterilization.>> That
nothing in this subsection shall be construed to alter any existing
statutory prohibitions against abortion or involuntary sterilizations
contained in this or any other Act.
(b) Public Law 480.--During fiscal year 2017, restrictions contained
in this or any other Act with respect to assistance for a country shall
not be construed to restrict assistance under the Food for Peace Act
(Public Law 83-480): Provided, That none of the funds appropriated to
carry out title I of such Act and made available pursuant to this
subsection may be obligated or expended except as provided through the
regular notification procedures of the Committees on Appropriations.
(c) Exception.--This section shall not apply--
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism; or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates
internationally recognized human rights.
local competition
Sec. 7028. (a) Requirements for Exceptions to Competition for Local
Entities.--Funds appropriated by this Act that are made available to the
United States Agency for International Development may only be made
available for limited competitions through local entities if--
(1) prior to the determination to limit competition to local
entities, USAID has--
(A) assessed the level of local capacity to
effectively implement, manage, and account for programs
included in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition to
local entities--
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
[[Page 131 STAT. 636]]
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) Reporting Requirement.--In addition to the requirements of
subsection (a)(1), the USAID Administrator shall report to the
appropriate congressional committees not later than 45 days after the
end of fiscal year 2017 on all awards subject to limited or no
competition for local entities: Provided, <<NOTE: Web posting.>> That
such report should be posted on the USAID Web site: Provided
further, <<NOTE: Applicability.>> That the requirements of this
subsection shall only apply to awards in excess of $3,000,000 and sole
source awards to local entities in excess of $2,000,000.
(c) Extension of Procurement Authority.--Section 7077 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74), as amended,
shall continue in effect during fiscal year 2017.
international financial institutions
Sec. 7029. (a) <<NOTE: Public information.>> Evaluations and
Report.--The Secretary of the Treasury shall instruct the United States
executive director of each international financial institution to seek
to require that such institution adopts and implements a publicly
available policy, including the strategic use of peer reviews and
external experts, to conduct independent, in-depth evaluations of the
effectiveness of at least 25 percent of all loans, grants, programs, and
significant analytical non-lending activities in advancing the
institution's goals of reducing poverty and promoting equitable economic
growth, consistent with relevant safeguards, to ensure that decisions to
support such loans, grants, programs, and activities are based on
accurate data and objective analysis: Provided, That not later than 45
days after enactment of this Act, the Secretary shall submit a report to
the Committees on Appropriations on steps taken by the United States
executive directors and the international financial institutions
consistent with this subsection.
(b) Safeguards.--
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International Development
Association to vote against any loan, grant, policy, or strategy
if such institution has adopted and is implementing any social
or environmental safeguard relevant to such loan, grant, policy,
or strategy that provides less protection than World Bank
safeguards in effect on September 30, 2015.
(2) The Secretary of the Treasury should instruct the United
States executive director of each international financial
institution to vote against loans or other financing for
projects unless such projects--
(A) provide for accountability and transparency,
including the collection, verification and publication
of beneficial ownership information related to
extractive industries and on-site monitoring during the
life of the project;
(B) will be developed and carried out in accordance
with best practices regarding environmental
conservation; cultural protection; and empowerment of
local populations,
[[Page 131 STAT. 637]]
including free, prior and informed consent of affected
indigenous communities;
(C) do not provide incentives for, or facilitate,
forced displacement; and
(D) do not partner with or otherwise involve
enterprises owned or controlled by the armed forces.
(c) Compensation.--None of the funds appropriated under title V of
this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which, together
with whatever compensation such executive director receives from the
United States, is in excess of the rate provided for an individual
occupying a position at level IV of the Executive Schedule under section
5315 of title 5, United States Code, or while any alternate United
States executive director to such institution is compensated by the
institution at a rate in excess of the rate provided for an individual
occupying a position at level V of the Executive Schedule under section
5316 of title 5, United States Code.
(d) Human Rights.--The Secretary of the Treasury shall instruct the
United States executive director of each international financial
institution to seek to require that such institution conducts rigorous
human rights due diligence and risk management, as appropriate, in
connection with any loan, grant, policy, or strategy of such
institution: Provided, <<NOTE: Consultation.>> That prior to voting on
any such loan, grant, policy, or strategy the executive director shall
consult with the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has reason to
believe that such loan, grant, policy, or strategy could result in
forced displacement or other violation of human rights.
(e) Fraud and Corruption.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to promote in loan, grant, and other financing
agreements improvements in borrowing countries' financial management and
judicial capacity to investigate, prosecute, and punish fraud and
corruption.
(f) Beneficial Ownership Information.--The Secretary of the Treasury
shall instruct the United States executive director of each
international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds from any such
financial institution: Provided, <<NOTE: Deadline. Reports.>> That not
later than 45 days after enactment of this Act, the Secretary shall
submit a report to the Committees on Appropriations on steps taken by
the United States executive directors and the international financial
institutions consistent with this subsection.
(g) Whistleblower Protections.--The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that each such institution is
effectively implementing and enforcing policies and procedures which
reflect best practices for the protection of whistleblowers from
retaliation, including best practices for--
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
[[Page 131 STAT. 638]]
(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven
retaliation.
debt-for-development
Sec. 7030. <<NOTE: Notification.>> In order to enhance the
continued participation of nongovernmental organizations in debt-for-
development and debt-for-nature exchanges, a nongovernmental
organization which is a grantee or contractor of the United States
Agency for International Development may place in interest bearing
accounts local currencies which accrue to that organization as a result
of economic assistance provided under title III of this Act and, subject
to the regular notification procedures of the Committees on
Appropriations, any interest earned on such investment shall be used for
the purpose for which the assistance was provided to that organization.
financial management and budget transparency
Sec. 7031. (a) Limitation on Direct Government-to-Government
Assistance.--
(1) Requirements.--Funds appropriated by this Act may be
made available for direct government-to-government assistance
only if--
(A)(i) each implementing agency or ministry to
receive assistance has been assessed and is considered
to have the systems required to manage such assistance
and any identified vulnerabilities or weaknesses of such
agency or ministry have been addressed;
(ii) the recipient agency or ministry employs and
utilizes staff with the necessary technical, financial,
and management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are
in place to ensure that such assistance is used for its
intended purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is
taking steps to publicly disclose on an annual basis its
national budget, to include income and expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a foreign
terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use
of such assistance, which should be made available on a
cost-reimbursable basis; and
(E) the recipient government is taking steps to
protect the rights of civil society, including freedoms
of expression, association, and assembly.
(2) Consultation and notification.--In addition to the
requirements in paragraph (1), no funds may be made available
[[Page 131 STAT. 639]]
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on
Appropriations: Provided, That such notification shall contain
an explanation of how the proposed activity meets the
requirements of paragraph (1): Provided
further, <<NOTE: Applicability.>> That the requirements of this
paragraph shall only apply to direct government-to-government
assistance in excess of $10,000,000 and all funds available for
cash transfer, budget support, and cash payments to individuals.
(3) Suspension of assistance.--
The <<NOTE: Reports.>> Administrator of the United States Agency
for International Development or the Secretary of State, as
appropriate, shall suspend any direct government-to-government
assistance if the Administrator or the Secretary has credible
information of material misuse of such assistance, unless the
Administrator or the Secretary reports to the Committees on
Appropriations that it is in the national interest of the United
States to continue such assistance, including a justification,
or that such misuse has been appropriately addressed.
(4) Submission of information.--The Secretary of State shall
submit to the Committees on Appropriations, concurrent with the
fiscal year 2018 congressional budget justification materials,
amounts planned for assistance described in paragraph (1) by
country, proposed funding amount, source of funds, and type of
assistance.
(5) Report.--Not <<NOTE: Termination date.>> later than 90
days after the enactment of this Act and 6 months thereafter
until September 30, 2018, the USAID Administrator shall submit
to the Committees on Appropriations a report that--
(A) details all assistance described in paragraph
(1) provided during the previous 6-month period by
country, funding amount, source of funds, and type of
such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) Debt service payment prohibition.--None of the funds
made available by this Act may be used by the government of any
foreign country for debt service payments owed by any country to
any international financial institution:
Provided, <<NOTE: Definition.>> That for purposes of this
paragraph, the term ``international financial institution'' has
the meaning given the term in section 7034(r)(3) of this Act.
(b) National Budget and Contract Transparency.--
(1) Minimum requirements of fiscal transparency.--The
Secretary of State shall continue to update and strengthen the
``minimum requirements of fiscal transparency'' for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76).
(2) Definition.--For purposes of paragraph (1), ``minimum
requirements of fiscal transparency'' are requirements
consistent with those in subsection (a)(1), and the public
disclosure of national budget documentation (to include receipts
and expenditures by ministry) and government contracts and
[[Page 131 STAT. 640]]
licenses for natural resource extraction (to include bidding and
concession allocation practices).
(3) Determination <<NOTE: Public information. Web
posting.>> and report.--For each government identified pursuant
to paragraph (1), the Secretary of State, not later than 180
days after enactment of this Act, shall make or update any
determination of ``significant progress'' or ``no significant
progress'' in meeting the minimum requirements of fiscal
transparency, and make such determinations publicly available in
an annual ``Fiscal Transparency Report'' to be posted on the
Department of State Web site: Provided, That the Secretary
shall identify the significant progress made by each such
government to publicly disclose national budget documentation,
contracts, and licenses which are additional to such information
disclosed in previous fiscal years, and include specific
recommendations of short- and long-term steps such government
should take to improve fiscal transparency: Provided further,
That the annual report shall include a detailed description of
how funds appropriated by this Act are being used to improve
fiscal transparency, and identify benchmarks for measuring
progress.
(4) Assistance.--Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget
transparency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ``Fiscal Transparency Report'' required by
paragraph (3).
(c) <<NOTE: 8 USC 1182 note.>> Anti-Kleptocracy and Human Rights.--
(1)(A) Ineligibility.--Officials of foreign governments and
their immediate family members about whom the Secretary of State
has credible information have been involved in significant
corruption, including corruption related to the extraction of
natural resources, or a gross violation of human rights shall be
ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately designate
or identify officials of foreign governments and their immediate
family members about whom the Secretary has such credible
information without regard to whether the individual has applied
for a visa.
(2) Exception.--Individuals shall not be ineligible if entry
into the United States would further important United States law
enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations
Headquarters Agreement: Provided, That nothing in paragraph (1)
shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) Waiver.--The <<NOTE: Determination.>> Secretary may
waive the application of paragraph (1) if the Secretary
determines that the waiver would serve a compelling national
interest or that the circumstances which caused the individual
to be ineligible have changed sufficiently.
(4) Report.--Not later than 6 months after enactment of this
Act, the Secretary of State shall submit a report, including a
classified annex if necessary, to the Committees
[[Page 131 STAT. 641]]
on Appropriations and the Committees on the Judiciary describing
the information related to corruption or violation of human
rights concerning each of the individuals found ineligible in
the previous 12 months pursuant to paragraph (1)(A) as well as
the individuals who the Secretary designated or identified
pursuant to paragraph (1)(B), or who would be ineligible but for
the application of paragraph (2), a list of any waivers provided
under paragraph (3), and the justification for each waiver.
(5) Posting of report.--Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) Clarification.--For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of
diplomatic and consular offices of the United States pertaining
to the issuance or refusal of visas or permits to enter the
United States shall not be considered confidential.
(d) Networks <<NOTE: Reports.>> of Corruption.--If the Secretary of
State has credible information of networks of corruption involving the
participation of, or support from, a senior official in a country that
receives assistance funded by this Act under titles III or IV, the
Secretary shall submit a report to the Committees on Appropriations
describing such networks, which shall include the information required
under the heading ``Economic Support Fund'' in Senate Report 114-290.
(e) Extraction of Natural Resources.--
(1) Assistance.--Funds <<NOTE: Conflict
diamonds.>> appropriated by this Act shall be made available to
promote and support transparency and accountability of
expenditures and revenues related to the extraction of natural
resources, including by strengthening implementation and
monitoring of the Extractive Industries Transparency Initiative,
implementing and enforcing section 8204 of the Food,
Conservation, and Energy Act of 2008 (Public Law 110-246; 122
Stat. 2052) and to prevent the sale of conflict diamonds, and
provide technical assistance to promote independent audit
mechanisms and support civil society participation in natural
resource management.
(2) United states policy.--
(A) The <<NOTE: Notification. Web
posting.>> Secretary of the Treasury shall inform the
management of the international financial institutions,
and post on the Department of the Treasury Web site,
that it is the policy of the United States to vote
against any assistance by such institutions (including
any loan, credit, grant, or guarantee) to any country
for the extraction and export of a natural resource if
the government of such country has in place laws,
regulations, or procedures to prevent or limit the
public disclosure of company payments as required by
United States law, and unless such government has
adopted laws, regulations, or procedures in the sector
in which assistance is being considered for--
(i) accurately accounting for and public
disclosure of payments to the host government by
companies involved in the extraction and export of
natural resources;
(ii) the independent auditing of accounts
receiving such payments and public disclosure of
the findings of such audits; and
[[Page 131 STAT. 642]]
(iii) public disclosure of such documents as
Host Government Agreements, Concession Agreements,
and bidding documents, allowing in any such
dissemination or disclosure for the redaction of,
or exceptions for, information that is
commercially proprietary or that would create
competitive disadvantage.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the
capacity of such government to meet the requirements of
this subparagraph.
(f) Foreign Assistance Web Site.--Funds appropriated by this Act
under titles I and II, and funds made available for any independent
agency in title III, as appropriate, shall be made available to support
the provision of additional information on United States Government
foreign assistance on the Department of State foreign assistance Web
site: Provided, That all Federal agencies funded under this Act shall
provide such information on foreign assistance, upon request, to the
Department of State.
democracy programs
Sec. 7032. (a) Funding and Strategy.--
(1) Of the funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'',
``Democracy Fund'', ``Assistance for Europe, Eurasia and Central
Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $2,308,517,000 shall be made
available for democracy programs.
(2) Not <<NOTE: Deadline. Consultation.>> later than 180
days after enactment of this Act, the Secretary of State, in
consultation with the relevant heads of other United States
Government agencies, shall submit to the appropriate
congressional committees a comprehensive, multi-year strategy
for the promotion of democracy abroad, to include the
identification of the national interest served by such activity,
and the specific roles and responsibilities of such agencies in
implementing the strategy.
(b) Authority.--Funds made available by this Act for democracy
programs may be made available notwithstanding any other provision of
law, and with regard to the National Endowment for Democracy (NED), any
regulation.
(c) Definition of Democracy Programs.--For purposes of funds
appropriated by this Act, the term ``democracy programs'' means programs
that support good governance, credible and competitive elections,
freedom of expression, association, assembly, and religion, human
rights, labor rights, independent media, and the rule of law, and that
otherwise strengthen the capacity of democratic political parties,
governments, nongovernmental organizations and institutions, and
citizens to support the development of democratic states, and
institutions that are responsive and accountable to citizens.
(d) Program Prioritization.--Funds made available pursuant to this
section that are made available for programs to strengthen government
institutions shall be prioritized for those institutions that
demonstrate a commitment to democracy and the rule of law, as determined
by the Secretary of State or the USAID Administrator, as appropriate.
[[Page 131 STAT. 643]]
(e) Restriction on Prior Approval.--With respect to the provision of
assistance for democracy programs in this Act, the organizations
implementing such assistance, the specific nature of that assistance,
and the participants in such programs shall not be subject to the prior
approval by the government of any foreign country:
Provided, <<NOTE: Coordination. Reports. Deadline.>> That the Secretary
of State, in coordination with the USAID Administrator, shall report to
the Committees on Appropriations, not later than 120 days after
enactment of this Act, detailing steps taken by the Department of State
and USAID to comply with the requirements of this subsection.
(f) Continuation of Current Practices.--USAID shall continue to
implement civil society and political competition and consensus building
programs abroad with funds appropriated by this Act in a manner that
recognizes the unique benefits of grants and cooperative agreements in
implementing such programs: Provided, That nothing in this paragraph
shall be construed to affect the ability of any entity, including United
States small businesses, from competing for proposals for USAID-funded
civil society and political competition and consensus building programs.
(g) Country <<NOTE: Consultation.>> Strategy Strategic Reviews.--
Prior to the obligation of funds made available by this Act for
Department of State and USAID democracy programs for a nondemocratic or
democratic transitioning country for which a country strategy has been
concluded after the date of enactment of this Act, as required by
section 2111(c)(1) of the ADVANCE Democracy Act of 2007 (title XXI of
Public Law 110-53; 22 U.S.C. 8211) or similar provision of law or
regulation, the Under Secretary for Civilian Security, Democracy and
Human Rights, Department of State, in consultation with the Assistant
Secretary for Democracy, Human Rights, and Labor, Department of State,
and the Assistant Administrator for Democracy, Conflict, and
Humanitarian Assistance, USAID, shall review such strategy to ensure
that it includes--
(1) specific goals and objectives for such program,
including a specific plan and timeline to measure impacts;
(2) an assessment of the risks associated with the conduct
of such program to intended beneficiaries and implementers,
including steps to support and protect such individuals; and
(3) the funding requirements to initiate and sustain such
program in fiscal year 2017 and subsequent fiscal years, as
appropriate:
Provided, <<NOTE: Definition.>> That for the purposes of this
subsection, the term ``nondemocratic or democratic transitioning
country'' shall have the same meaning as in section 2104(6) of Public
Law 110-53.
(h) Communication and Reporting Requirements.--
(1) Informing the national endowment for democracy.--The
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall
regularly inform the National Endowment for Democracy of
democracy programs that are planned and supported by funds made
available by this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related
programs.
(2) Report on funding instruments.--Not later than September
30, 2017, the Secretary of State and USAID Administrator shall
each submit to the Committees on Appropriations a report
detailing the use of contracts, grants, and cooperative
[[Page 131 STAT. 644]]
agreements in the conduct of democracy programs with funds made
available by the Department of State, Foreign Operations, and
Related Programs Act, 2016 (division K of Public Law 114-113),
which shall include funding level, account, program sector and
subsector, and a brief summary of purpose.
(3) Report on program changes.--The Secretary of State or
the USAID Administrator, as appropriate, shall report to the
Committees on Appropriations within 30 days of a decision to
significantly change the objectives or the content of a
democracy program or to close such a program due to the
increasingly repressive nature of the host country government:
Provided, That the report shall also include a strategy for
continuing support for democracy promotion, if such programming
is feasible, and may be submitted in classified form, if
necessary.
international religious freedom
Sec. 7033. (a) International Religious Freedom Office and Special
Envoy to Promote Religious Freedom.--
(1) Funds appropriated by this Act under the heading
``Diplomatic and Consular Programs'' shall be made available for
the Office of International Religious Freedom, Bureau of
Democracy, Human Rights, and Labor, Department of State, the
Office of the Ambassador-at-Large for International Religious
Freedom, and the Special Envoy to Promote Religious Freedom of
Religious Minorities in the Near East and South Central Asia, as
authorized in the Near East and South Central Asia Religious
Freedom Act of 2014 (Public Law 113-161), including for support
staff at not less than the amounts specified for such offices in
the table under such heading in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act).
(2) Funds appropriated under the heading ``Diplomatic and
Consular Programs'' and designated for the Office of
International Religious Freedom shall be made available for the
development and implementation of an international religious
freedom curriculum in accordance with the criteria specified
under such heading in the explanatory statement described in
section 4 (in the matter preceding division A of this
Consolidated Act).
(b) Assistance.--
(1) International religious freedom programs.--Of the funds
appropriated by this Act under the heading ``Democracy Fund''
and available for the Human Rights and Democracy Fund (HRDF),
not less than $10,000,000 shall be made available for
international religious freedom programs: Provided,
That <<NOTE: Consultation.>> the Ambassador-at-Large for
International Religious Freedom shall consult with the
Committees on Appropriations on the uses of such funds.
(2) Protection and investigation programs.--Of the funds
appropriated by this Act under the heading ``Economic Support
Fund'', not less than $10,000,000 shall be made available for
programs to protect vulnerable and persecuted religious
minorities: Provided, That a portion of such funds shall be
made available for programs to investigate the persecution of
such minorities by governments and non-state actors and
[[Page 131 STAT. 645]]
for the public dissemination of information collected on such
persecution, including on the Department of State Web site.
(3) Humanitarian programs.--Funds appropriated by this Act
under the headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' shall be made available for
humanitarian assistance for vulnerable and persecuted religious
minorities, including victims of genocide designated by the
Secretary of State and other groups that have suffered crimes
against humanity and ethnic cleansing, to--
(A) accelerate the implementation of an immediate,
coordinated, and sustained response to provide
humanitarian assistance;
(B) enhance protection of conflict victims,
including those facing a dire humanitarian crisis and
severe persecution because of their faith or ethnicity;
and
(C) improve access to secure locations for obtaining
humanitarian and resettlement services.
(4) Transitional justice, reconciliation, and reintegration
programs in the middle east and north africa regions.--
(A) <<NOTE: Deadline. Consultation. Plan.>> Not
later than 90 days after enactment of this Act and after
consultation with relevant central governments in the
Middle East and North Africa regions, the Secretary of
State shall submit to the Committees on Appropriations a
plan for transitional justice, reconciliation, and
reintegration programs for vulnerable and persecuted
religious minorities in such regions: Provided, That
such plan shall include a description of actions to be
taken by such governments to safeguard and promote the
political and economic rights of such minorities,
including the return, rehabilitation, and protection of
property in areas of conflict.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'' that are made
available for assistance for Iraq and Syria, not less
than $5,000,000 shall be made available to support the
implementation of the plan required by subparagraph (A):
Provided, That such funds shall be matched, to the
maximum extent practicable, from sources other than the
United States Government.
(5) Responsibility <<NOTE: Consultation.>> of funds.--Funds
made available by paragraphs (1), (2), and (4) shall be the
responsibility of the Ambassador-at-Large for International
Religious Freedom, in consultation with other relevant United
States Government officials.
(c) International Broadcasting.--Funds appropriated by this Act
under the heading ``Broadcasting Board of Governors, International
Broadcasting Operations'' shall be made available for programs related
to international religious freedom, including reporting on the condition
of vulnerable and persecuted religious groups.
(d) Atrocities Prevention.--Funds appropriated by this Act under the
headings ``Economic Support Fund'' and ``International Narcotics Control
and Law Enforcement'' shall be made available for programs to prevent
atrocities and to implement the recommendations of the Atrocities
Prevention Board, including with
[[Page 131 STAT. 646]]
respect to the evaluation required by section 7033(d) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2016 (division K of Public Law 114-113): Provided, That the Under
Secretary for Civilian Security, Democracy, and Human Rights, Department
of State, shall be responsible for providing the strategic policy
direction for, and policy oversight of, funds made available pursuant to
this subsection to the Bureaus of International Narcotics Control and
Law Enforcement and Democracy, Human Rights, and Labor, Department of
State: Provided further, <<NOTE: Notification.>> That such funds shall
be subject to the regular notification procedures of the Committees on
Appropriations.
(e) Designation <<NOTE: President. Review.>> of Non-State Actors.--
The President shall, concurrent with the annual foreign country review
required by section 402(b)(1) of the International Religious Freedom Act
of 1998 (22 U.S.C. 6442(b)(1)), review and identify any non-state actors
in such countries that have engaged in particularly severe violations of
religious freedom, and designate, in a manner consistent with such Act,
each such group as a non-state actor of particular concern for religious
freedom operating in such reviewed country or surrounding region:
Provided, <<NOTE: Reports.>> That whenever the President designates such
a non-state actor under this subsection, the President shall, as soon as
practicable after the designation is made, submit a report to the
appropriate congressional committees detailing the reasons for such
designation.
(f) Funding Clarification.--Funds made available pursuant to
subsections (b) and (d) are in addition to amounts otherwise made
available for such purposes.
special provisions
Sec. 7034. <<NOTE: Human trafficking.>> (a) Victims of War,
Displaced Children, and Displaced Burmese.--Funds appropriated in titles
III and VI of this Act that are made available for victims of war,
displaced children, displaced Burmese, and to combat trafficking in
persons and assist victims of such trafficking, may be made available
notwithstanding any other provision of law.
(b) Law Enforcement and Security.--
(1) Child soldiers.--Funds appropriated by this Act should
not be used to support any military training or operations that
include child soldiers.
(2) Crowd control items.--Funds appropriated by this Act
should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress
peaceful expression, association, or assembly in countries
undergoing democratic transition.
(3) Disarmament, <<NOTE: Extension.>> demobilization, and
reintegration.--Section 7034(d) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue in effect
during fiscal year 2017.
(4) Forensic assistance.--
(A) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$6,500,000 shall be made available for forensic
anthropology assistance related to the exhumation of
mass graves and the identification of victims of war
crimes, genocide, and crimes
[[Page 131 STAT. 647]]
against humanity, including in Iraq, Guatemala,
Colombia, El Salvador, Syria, and Sri Lanka, which shall
be administered by the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of State.
(B) Of the funds appropriated by this Act under the
heading ``International Narcotics Control and Law
Enforcement'', not less than $6,000,000 shall be made
available for DNA forensic technology programs to combat
human trafficking in Central America and Mexico.
(5) International <<NOTE: Extension.>> prison conditions.--
Section 7065 of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2015 (division J of Public
Law 113-235) shall continue in effect during fiscal year 2017.
(6) Reconstituting civilian police authority.--In providing
assistance with funds appropriated by this Act under section
660(b)(6) of the Foreign Assistance Act of 1961, support for a
nation emerging from instability may be deemed to mean support
for regional, district, municipal, or other sub-national entity
emerging from instability, as well as a nation emerging from
instability.
(7) Security assistance report.--Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated
and expended during fiscal year 2016, by country and purpose of
assistance, under the headings ``Peacekeeping Operations'',
``International Military Education and Training'', and ``Foreign
Military Financing Program''.
(8) Foreign military sales and foreign military financing
program.--
(A) Availability.--Funds appropriated by this Act
under the heading ``Foreign Military Financing Program''
for the general costs of administering military
assistance and sales shall be made available to increase
the efficiency and effectiveness of programs authorized
by Chapter 2 of the Arms Export Control Act:
Provided, <<NOTE: Consultation.>> That prior to the
obligation of funds for such purposes, the Secretary of
State shall consult with the Committees on
Appropriations.
(B) Review <<NOTE: Coordination.>> and report.--The
Secretary of State, in coordination with the Secretary
of Defense, shall review the resources, personnel, and
practices of the Departments of State and Defense that
are associated with administering military assistance
and sales programs and, not later than 120 days after
enactment of this Act, submit to the appropriate
congressional committees a report on steps taken or
planned to be taken to increase the efficiency and
effectiveness of such programs.
(C) Quarterly <<NOTE: Coordination.>> status
report.--Following the submission of the quarterly
report required by section 36 of Public Law 90-629 (22
U.S.C. 2776), the Secretary of State, in coordination
with the Secretary of Defense, shall submit to the
Committees on Appropriations a status report that
contains the information described under this heading in
the explanatory statement described in section 4 (in the
matter preceding division A of this Consolidated Act).
(D)
Foreign <<NOTE: Deadline. Coordination. Reports. Assessme
nt.>> military financing program loans.--Not later than
60 days after enactment of this Act, the
[[Page 131 STAT. 648]]
Secretary of State, in coordination with the Secretary
of Defense, shall submit to the Committees on
Appropriations a report assessing the potential impact
of transitioning assistance made available by this Act
under the heading ``Foreign Military Financing Program''
from grants to loans, including the budgetary and
diplomatic impacts, and the extent to which such
transition would affect the foreign policy interest of
the United States: Provided, That such report shall
also include an assessment of the impact of proposals
included in the fiscal year 2018 congressional budget
justification that would transition such assistance from
grants to loans.
(9) Vetting report.--
(A) <<NOTE: Time period.>> Not later than 90 days
after enactment of this Act, the Secretary of State
shall submit a report to the appropriate congressional
committees on foreign assistance cases submitted for
vetting for purposes of section 620M of the Foreign
Assistance Act of 1961 during the preceding fiscal year,
including--
(i) the total number of cases submitted,
approved, suspended, or rejected for human rights
reasons; and
(ii) for cases rejected, a description of the
steps taken to assist the foreign government in
taking effective measures to bring the responsible
members of the security forces to justice, in
accordance with section 620M(c) of the Foreign
Assistance Act of 1961.
(B) The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied
by a classified annex.
(10) Annual <<NOTE: Definition.>> foreign military training
report.--For the purposes of implementing section 656 of the
Foreign Assistance Act of 1961, the term ``military training
provided to foreign military personnel by the Department of
Defense and the Department of State'' shall be deemed to include
all military training provided by foreign governments with funds
appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major non-
NATO ally.
(11) Proliferation security initiative.--Funds appropriated
by this Act under the heading ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for programs to increase international participation
in the Proliferation Security Initiative (PSI) and endorsement
of the PSI Statement of Interdiction Principles:
Provided, <<NOTE: Deadline. Reports.>> That not later than 45
days after enactment of this Act, the Secretary of State shall
submit a report to the Committees on Appropriations detailing
steps to be taken to implement the requirements of this
paragraph.
(12) Authority to counter extremism.--Funds made available
by this Act under the heading ``Economic Support Fund'' to
counter extremism may be made available notwithstanding any
other provision of law restricting assistance to foreign
countries, except sections 502B and 620A of the Foreign
Assistance Act of 1961: Provided, <<NOTE: Consultation.>> That
the Secretary of State, or the USAID Administrator, as
appropriate, shall consult with
[[Page 131 STAT. 649]]
the Committees on Appropriations prior to exercising the
authority of this paragraph.
(c) World Food Programme.--Funds managed by the Bureau for
Democracy, Conflict, and Humanitarian Assistance, United States Agency
for International Development, from this or any other Act, may be made
available as a general contribution to the World Food Programme,
notwithstanding any other provision of law.
(d) Directives and Authorities.--
(1) Research and training.--Funds appropriated by this Act
under the heading ``Assistance for Europe, Eurasia and Central
Asia'' shall be made available to carry out the Program for
Research and Training on Eastern Europe and the Independent
States of the Former Soviet Union as authorized by the Soviet-
Eastern European Research and Training Act of 1983 (22 U.S.C.
4501 et seq.).
(2) Genocide victims memorial sites and tribunals.--
(A) Funds <<NOTE: Notification.>> appropriated by
this Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs under the headings ``Economic Support Fund''
and ``Assistance for Europe, Eurasia and Central Asia''
may be made available as contributions to establish and
maintain memorial sites of genocide, subject to the
regular notification procedures of the Committees on
Appropriations.
(B) Of the funds appropriated by this Act under the
heading ``Economic Support Fund'', not less than
$3,500,000 shall be made available, on a competitive
basis, for reimbursement of costs related to research
and documentation in support of the activities of
international tribunals established to try cases of war
crimes, genocide, and crimes against humanity.
(3) Additional authorities.--Of the amounts made available
by title I of this Act under the heading ``Diplomatic and
Consular Programs'', up to $500,000 may be made available for
grants pursuant to section 504 of Public Law 95-426 (22 U.S.C.
2656d), including to facilitate collaboration with indigenous
communities, and up to $1,000,000 may be made available for
grants to carry out the activities of the Cultural Antiquities
Task Force.
(4) Authority.--The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may not
exceed $100,000: Provided further, That no more than 10 such
awards may be made during fiscal year 2017: Provided
further, <<NOTE: Definition.>> That for purposes of this
paragraph the term ``innovation incentive award'' means the
provision of funding on a competitive basis that--
(A) encourages and rewards the development of
solutions for a particular, well-defined problem related
to the alleviation of poverty; or
(B) helps identify and promote a broad range of
ideas and practices facilitating further development of
an idea or practice by third parties.
(e) Partner Vetting.--
(1) <<NOTE: Deadline. Reports. Recommenda- tions.>> In lieu
of the requirements in the second and third provisos of section
7034(e) of the Department of State, Foreign
[[Page 131 STAT. 650]]
Operations, and Related Programs Appropriations Act, 2016
(division K of Public Law 114-113), not later than 60 days after
enactment of this Act, the Secretary of State and the USAID
Administrator shall jointly submit a report to the Committees on
Appropriations, in classified form if necessary, detailing the
findings, conclusions, and recommendations of the evaluation of
the Partner Vetting System pilot program and recommendations for
any new partner vetting program:
Provided, <<NOTE: Consultation.>> That prior to the submission
of the report, the Secretary and Administrator shall jointly
consult with the Committees on Appropriations, and also consult
with representatives of implementing organizations, on such
findings, conclusions, and recommendations.
(2) <<NOTE: Consultation.>> The Secretary of State and USAID
Administrator may initiate a partner vetting program to mitigate
the risk of diversion of foreign assistance, or make significant
modifications to any existing partner vetting program, only
following consultation with the Committees on Appropriations:
Provided, That the Secretary and Administrator should provide a
direct vetting option for prime awardees in any partner vetting
program initiated after the date of the enactment of this Act.
(f) Contingencies.--During <<NOTE: Time period.>> fiscal year 2017,
the President may use up to $125,000,000 under the authority of section
451 of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) International Child Abductions.--The Secretary of State should
withhold funds appropriated under title III of this Act for assistance
for the central government of any country that is not taking appropriate
steps to comply with the Convention on the Civil Aspects of
International Child Abductions, done at the Hague on October 25, 1980:
Provided, <<NOTE: Reports. Deadline.>> That the Secretary shall report
to the Committees on Appropriations within 15 days of withholding funds
under this subsection.
(h) Cultural <<NOTE: Reports.>> Preservation Project
Determination.--None of the funds appropriated in titles I and III of
this Act may be used for the preservation of religious sites unless the
Secretary of State or the USAID Administrator, as appropriate,
determines and reports to the Committees on Appropriations that such
sites are historically, artistically, or culturally significant, that
the purpose of the project is neither to advance nor to inhibit the free
exercise of religion, and that the project is in the national interest
of the United States.
(i) Transfer <<NOTE: Deadline. Time period.>> of Funds for
Extraordinary Protection.--The Secretary of State may transfer to, and
merge with, funds under the heading ``Protection of Foreign Missions and
Officials'' unobligated balances of expired funds appropriated under the
heading ``Diplomatic and Consular Programs'' for fiscal year 2017,
except for funds designated for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985, at no later than the
end of the fifth fiscal year after the last fiscal year for which such
funds are available for the purposes for which appropriated: Provided,
That not more than $50,000,000 may be transferred.
(j) Protections <<NOTE: Extension. Time period.>> and Remedies for
Employees of Diplomatic Missions and International Organizations.--
Section 7034(k) of the Department of State, Foreign Operations, and
Related Programs
[[Page 131 STAT. 651]]
Appropriations Act, 2015 (division J of Public Law 113-235) shall
continue in effect during fiscal year 2017.
(k) Extension <<NOTE: Applicability.>> of Authorities.--
(1) Passport fees.--Section 1(b)(2) of the Passport Act of
June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by
substituting ``September 30, 2017'' for ``September 30, 2010''.
(2) Incentives for critical posts.--The authority contained
in section 1115(d) of the Supplemental Appropriations Act, 2009
(Public Law 111-32) shall remain in effect through September 30,
2017.
(3) USAID civil service annuitant waiver.--Section 625(j)(1)
of the Foreign Assistance Act of 1961 (22 U.S.C. 2385(j)(1))
shall be applied by substituting ``September 30, 2017'' for
``October 1, 2010'' in subparagraph (B).
(4) Overseas pay comparability and limitation.--
(A) Subject to the limitation described in
subparagraph (B), the authority provided by section 1113
of the Supplemental Appropriations Act, 2009 (Public Law
111-32; 123 Stat. 1904) shall remain in effect through
September 30, 2017.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the
Supplemental Appropriations Act, 2009) a locality-based
comparability payment (stated as a percentage) that
exceeds two-thirds of the amount of the locality-based
comparability payment (stated as a percentage) that
would be payable to such member under section 5304 of
title 5, United States Code, if such member's official
duty station were in the District of Columbia.
(5) Categorical eligibility.--The Foreign Operations, Export
Financing, and Related Programs Appropriations Act, 1990 (Public
Law 101-167) is amended--
(A) in section 599D (8 U.S.C. 1157 note)--
(i) in subsection (b)(3), by striking ``and
2016'' and inserting ``2016, and 2017''; and
(ii) in subsection (e), by striking ``2016''
each place it appears and inserting ``2017''; and
(B) in section 599E (8 U.S.C. 1255 note) in
subsection (b)(2), by striking ``2016'' and inserting
``2017''.
(6) Inspector general annuitant waiver.--The authorities
provided in section 1015(b) of the Supplemental Appropriations
Act, 2010 (Public Law 111-212) shall remain in effect through
September 30, 2017.
(7) Extension of war reserves stockpile authority.--
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108-287; 118 Stat.
1011) is amended by striking ``2017'' and inserting
``2018''.
(B) Section 514(b)(2)(A) of the Foreign Assistance
Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by
striking ``and 2017'' and inserting ``2017, and 2018''.
(8) Modification of life insurance supplement.--Section
415(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3975(a)(1)) is amended by adding--``The group life insurance
supplement employee benefit paid or scheduled to be paid
pursuant to this section should not be used to reduce any
[[Page 131 STAT. 652]]
other payment to which a recipient is otherwise eligible under
Federal law.''.
(l) Department <<NOTE: Reports.>> of State and the United States
Agency for International Development.--Prior to implementing any
reorganization of the Department of State or the United States Agency
for International Development, including any action taken pursuant to
the March 31, 2017 Executive Order 13781 on a Comprehensive Plan for
Reorganizing the Executive Branch, the Secretary of State shall submit a
report to the Committees on Appropriations on such reorganization:
Provided, <<NOTE: Analysis.>> That such report shall include a detailed
justification and analysis containing--
(1) the impact on personnel, both foreign service and civil
service;
(2) the process used to identify the merger, closing or
termination of any operating unit, including the process used to
assess the impact of such action on programs, projects, and
activities funded by this Act;
(3) the impact any such merger, closing or termination would
have on the ability to conduct adequate monitoring and oversight
of foreign assistance programs; and
(4) <<NOTE: Determination.>> the national security interest
served by each such merger, closing or termination, including a
determination that such merger, closing or termination will not
expand the influence of any adversary or competitor of the
United States, including foreign terrorist organizations.
(m) Humanitarian Assistance.--Funds appropriated by this Act that
are available for monitoring and evaluation of assistance under the
headings ``International Disaster Assistance'' and ``Migration and
Refugee Assistance'' shall, as appropriate, be made available for the
regular collection of feedback obtained directly from beneficiaries on
the quality and relevance of such assistance:
Provided, <<NOTE: Oversight. Procedures. Notification.>> That the
Department of State and USAID shall conduct regular oversight to ensure
that such feedback is collected and used by implementing partners to
maximize the cost-effectiveness and utility of such assistance, and
require such partners that receive funds under such headings to
establish procedures for collecting and responding to such feedback and
inform the Department of State or USAID, as appropriate, of such
procedures.
(n) HIV/AIDS Working Capital Fund.--Funds available in the HIV/AIDS
Working Capital Fund established pursuant to section 525(b)(1) of the
Foreign Operations, Export Financing, and Related Programs
Appropriations Act, 2005 (Public Law 108-477) may be made available for
pharmaceuticals and other products for child survival, malaria, and
tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other
products, subject to the terms and conditions in such section:
Provided, <<NOTE: Notification.>> That the authority in section
525(b)(5) of the Foreign Operations, Export Financing, and Related
Programs Appropriation Act, 2005 (Public Law 108-477) shall be exercised
by the Assistant Administrator for Global Health, USAID, with respect to
funds deposited for such non-HIV/AIDS pharmaceuticals and other
products, and shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That the Secretary
of State shall include in the congressional budget justification an
accounting of budgetary resources, disbursements, balances, and
reimbursements related to such fund.
(o) Loans and Enterprise Funds.--
[[Page 131 STAT. 653]]
(1) Loan guarantees.--Funds appropriated under the headings
``Economic Support Fund'' and ``Assistance for Europe, Eurasia
and Central Asia'' by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs, as
defined in section 502 of the Congressional Budget Act of 1974,
of loan guarantees for Jordan, Ukraine, Iraq, Egypt, and
Tunisia, which are authorized to be provided: Provided, That
amounts made available under this paragraph for the costs of
such guarantees shall not be considered assistance for the
purposes of provisions of law limiting assistance to a country.
(2) Enterprise funds.--Funds appropriated under the heading
``Economic Support Fund'' in this Act may be made available to
establish and operate one or more enterprise funds for Egypt and
Tunisia: Provided, <<NOTE: Applicability.>> That the first,
third and fifth provisos under section 7041(b) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112-74) shall
apply to funds appropriated by this Act under the heading
``Economic Support Fund'' for an enterprise fund or funds to the
same extent and in the same manner as such provision of law
applied to funds made available under such section (except that
the clause excluding subsection (d)(3) of section 201 of the
SEED Act shall not apply): Provided further, That in addition
to the previous proviso, the authorities in the matter preceding
the first proviso of such section may apply to any such
enterprise fund or funds: Provided further, <<NOTE: Termination
date.>> That the authority of any such enterprise fund or funds
to provide assistance shall cease to be effective on December
31, 2027.
(3) Designation requirement.--Funds made available pursuant
to paragraph (1) from prior Acts making appropriations for the
Department of State, foreign operations, and related programs
that were previously designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant
to section 251(b)(2)(A)(ii) of such Act.
(4) Consultation and notification.--Funds made available
pursuant to the authorities of this subsection shall be subject
to prior consultation with the appropriate congressional
committees, and subject to the regular notification procedures
of the Committees on Appropriations.
(p) Small Grants and Entities.--
(1) Of the funds appropriated by this Act under the headings
``Development Assistance'', ``Economic Support Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less
than $47,000,000 shall be made available for the Small Grants
Program pursuant to section 7080 of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235), which may remain
available until September 30, 2021.
(2) <<NOTE: Definition. Time period. 22 USC 2152i
note.>> For the purposes of section 7080 of division J of Public
Law 113-235, ``eligible entities'' shall be defined as small
local, international, and United States-based nongovernmental
[[Page 131 STAT. 654]]
organizations, educational institutions, and other small
entities that have received less than a total of $5,000,000 from
USAID over the previous 5 fiscal years: Provided, That
departments or centers of such educational institutions may be
considered individually in determining such eligibility.
(q) Exception.--Notwithstanding section 201 of the Security
Assistance Appropriations Act, 2017 (division B of Public Law 114-254),
funds appropriated or otherwise made available by title II of such Act
are in addition to amounts specifically designated by this Act or in the
respective tables in the explanatory statement described in section 4
(in the matter preceding division A of this Consolidated Act).
(r) Definitions.--
(1) Appropriate congressional committees.--Unless otherwise
defined in this Act, for purposes of this Act the term
``appropriate congressional committees'' means the Committees on
Appropriations and Foreign Relations of the Senate and the
Committees on Appropriations and Foreign Affairs of the House of
Representatives.
(2) Funds appropriated by this act and prior acts.--Unless
otherwise defined in this Act, for purposes of this Act the term
``funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs'' means funds that remain available for
obligation, and have not expired.
(3) International <<NOTE: 22 USC 262h note.>> financial
institutions.--In this Act ``international financial
institutions'' means the International Bank for Reconstruction
and Development, the International Development Association, the
International Finance Corporation, the Inter-American
Development Bank, the International Monetary Fund, the Asian
Development Bank, the Asian Development Fund, the Inter-American
Investment Corporation, the North American Development Bank, the
European Bank for Reconstruction and Development, the African
Development Bank, the African Development Fund, and the
Multilateral Investment Guarantee Agency.
(4) Southern kordofan reference.--Any reference to Southern
Kordofan in this or any other Act making appropriations for the
Department of State, foreign operations, and related programs
shall be deemed to include portions of Western Kordofan that
were previously part of Southern Kordofan prior to the 2013
division of Southern Kordofan.
(5) USAID.-- <<NOTE: 22 USC 2152i note.>> In this Act, the
term ``USAID'' means the United States Agency for International
Development.
(6) Clarification.-- <<NOTE: 22 USC 3948 note.>> Unless
otherwise provided for in this Act, for the purposes of this Act
the terms ``under this heading'', ``under the heading'', ``under
the headings'', or similar phrases mean funds appropriated or
otherwise made available under such heading or headings in all
titles of this Act: Provided, That the term ``under the heading
in this title'' or similar phrases means funds appropriated or
otherwise made available only in such title.
(7) Spend plan.--In this Act, the term ``spend plan'' means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of--
[[Page 131 STAT. 655]]
(A) realistic and sustainable goals, and a timeline
for achieving such goals;
(B) amounts and sources of funds by account;
(C) criteria for measuring progress in achieving
such goals;
(D) how such funds will complement other ongoing or
planned programs; and
(E) implementing partners, to the maximum extent
practicable.
arab league boycott of israel
Sec. 7035. It is the sense of the Congress that--
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly
terminated, and the Central Office for the Boycott of Israel
immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and find
concrete steps to demonstrate that opposition by, for example,
taking into consideration the participation of any recipient
country in the boycott when determining to sell weapons to said
country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel to
bring about the termination of the Arab League boycott of
Israel, including those to encourage allies and trading partners
of the United States to enact laws prohibiting businesses from
complying with the boycott and penalizing businesses that do
comply.
palestinian statehood
Sec. 7036. <<NOTE: Determination. Certification.>> (a) Limitation on
Assistance.--None of the funds appropriated under titles III through VI
of this Act may be provided to support a Palestinian state unless the
Secretary of State determines and certifies to the appropriate
congressional committees that--
(1) the governing entity of a new Palestinian state--
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter
terrorism and terrorist financing in the West Bank and
Gaza, including the dismantling of terrorist
infrastructures, and is cooperating with appropriate
Israeli and other appropriate security organizations;
and
(2) the Palestinian Authority (or the governing entity of a
new Palestinian state) is working with other countries in the
region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
[[Page 131 STAT. 656]]
within the context of full and normal relationships, which
should include--
(A) termination of all claims or states of
belligerency;
(B) respect for and acknowledgment of the
sovereignty, territorial integrity, and political
independence of every state in the area through measures
including the establishment of demilitarized zones;
(C) their right to live in peace within secure and
recognized boundaries free from threats or acts of
force;
(D) freedom of navigation through international
waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) Sense of Congress.--It is the sense of Congress that the
governing entity should enact a constitution assuring the rule of law,
an independent judiciary, and respect for human rights for its citizens,
and should enact other laws and regulations assuring transparent and
accountable governance.
(c) Waiver.-- <<NOTE: President. Determination.>> The President may
waive subsection (a) if the President determines that it is important to
the national security interest of the United States to do so.
(d) Exemption.--The restriction in subsection (a) shall not apply to
assistance intended to help reform the Palestinian Authority and
affiliated institutions, or the governing entity, in order to help meet
the requirements of subsection (a), consistent with the provisions of
section 7040 of this Act (``Limitation on Assistance for the Palestinian
Authority'').
restrictions concerning the palestinian authority
Sec. 7037. None of the funds appropriated under titles II through
VI of this Act may be obligated or expended to create in any part of
Jerusalem a new office of any department or agency of the United States
Government for the purpose of conducting official United States
Government business with the Palestinian Authority over Gaza and Jericho
or any successor Palestinian governing entity provided for in the
Israel-PLO Declaration of Principles: Provided, That this restriction
shall not apply to the acquisition of additional space for the existing
Consulate General in Jerusalem: Provided further, That meetings between
officers and employees of the United States and officials of the
Palestinian Authority, or any successor Palestinian governing entity
provided for in the Israel-PLO Declaration of Principles, for the
purpose of conducting official United States Government business with
such authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to
meet in Jerusalem on other subjects with Palestinians (including those
who now occupy positions in the Palestinian Authority), have social
contacts, and have incidental discussions.
prohibition on assistance to the palestinian broadcasting corporation
Sec. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to the
Palestinian Broadcasting Corporation.
[[Page 131 STAT. 657]]
assistance for the west bank and gaza
Sec. 7039. <<NOTE: Deadline. Certification.>> (a) Oversight.--For
fiscal year 2017, 30 days prior to the initial obligation of funds for
the bilateral West Bank and Gaza Program, the Secretary of State shall
certify to the Committees on Appropriations that procedures have been
established to assure the Comptroller General of the United States will
have access to appropriate United States financial information in order
to review the uses of United States assistance for the Program funded
under the heading ``Economic Support Fund'' for the West Bank and Gaza.
(b) Vetting.--Prior to the obligation of funds appropriated by this
Act under the heading ``Economic Support Fund'' for assistance for the
West Bank and Gaza, the Secretary of State shall take all appropriate
steps to ensure that such assistance is not provided to or through any
individual, private or government entity, or educational institution
that the Secretary knows or has reason to believe advocates, plans,
sponsors, engages in, or has engaged in, terrorist activity nor, with
respect to private entities or educational institutions, those that have
as a principal officer of the entity's governing board or governing
board of trustees any individual that has been determined to be involved
in, or advocating terrorist activity or determined to be a member of a
designated foreign terrorist organization:
Provided, <<NOTE: Procedures. Determination.>> That the Secretary of
State shall, as appropriate, establish procedures specifying the steps
to be taken in carrying out this subsection and shall terminate
assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist
activity.
(c) Prohibition.--
(1) Recognition of acts of terrorism.--None of the funds
appropriated under titles III through VI of this Act for
assistance under the West Bank and Gaza Program may be made
available for the purpose of recognizing or otherwise honoring
individuals who commit, or have committed acts of terrorism.
(2) Security assistance and reporting requirement.--
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on
Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports on
the extent of Palestinian compliance with such benchmarks.
(d) Audits by the United States Agency for International
Development.--
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or non-
Federal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and Gaza
Program, are conducted at least on an annual basis to ensure,
among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000 may
be used by the Office of Inspector General of the United States
Agency for International Development for audits, inspections,
and other activities in furtherance of the requirements
[[Page 131 STAT. 658]]
of this subsection: Provided, That such funds are in addition
to funds otherwise available for such purposes.
(e) Comptroller <<NOTE: Investigation.>> General of the United
States Audit.--Subsequent to the certification specified in subsection
(a), the Comptroller General of the United States shall conduct an audit
and an investigation of the treatment, handling, and uses of all funds
for the bilateral West Bank and Gaza Program, including all funds
provided as cash transfer assistance, in fiscal year 2017 under the
heading ``Economic Support Fund'', and such audit shall address--
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations and
expenditures.
(f) Notification Procedures.--Funds made available in this Act for
West Bank and Gaza shall be subject to the regular notification
procedures of the Committees on Appropriations.
(g) Report.--Not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations updating the report contained in section 2106 of chapter
2 of title II of the Emergency Supplemental Appropriations Act for
Defense, the Global War on Terror, and Tsunami Relief, 2005 (Public Law
109-13).
limitation on assistance for the palestinian authority
Sec. 7040. (a) Prohibition of Funds.--None of the funds appropriated
by this Act to carry out the provisions of chapter 4 of part II of the
Foreign Assistance Act of 1961 may be obligated or expended with respect
to providing funds to the Palestinian Authority.
(b) <<NOTE: President. Certification.>> Waiver.--The prohibition
included in subsection (a) shall not apply if the President certifies in
writing to the Speaker of the House of Representatives, the President
pro tempore of the Senate, and the Committees on Appropriations that
waiving such prohibition is important to the national security interest
of the United States.
(c) Period of Application of Waiver.--Any waiver pursuant to
subsection (b) shall be effective for no more than a period of 6 months
at a time and shall not apply beyond 12 months after the enactment of
this Act.
(d) <<NOTE: President.>> Report.--Whenever the waiver authority
pursuant to subsection (b) is exercised, the President shall submit a
report to the Committees on Appropriations detailing the justification
for the waiver, the purposes for which the funds will be spent, and the
accounting procedures in place to ensure that the funds are properly
disbursed: Provided, That the report shall also detail the steps the
Palestinian Authority has taken to arrest terrorists, confiscate weapons
and dismantle the terrorist infrastructure.
(e) <<NOTE: President.>> Certification.--If the President exercises
the waiver authority under subsection (b), the Secretary of State must
certify and report to the Committees on Appropriations prior to the
obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and all
financing mechanisms flow through this account, no parallel financing
mechanisms exist outside of the Palestinian Authority
[[Page 131 STAT. 659]]
treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to counter
incitement of violence against Israelis and is supporting activities
aimed at promoting peace, coexistence, and security cooperation with
Israel.
(f) Prohibition to Hamas and the Palestine Liberation
Organization.--
(1) None of the funds appropriated in titles III through VI
of this Act may be obligated for salaries of personnel of the
Palestinian Authority located in Gaza or may be obligated or
expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which Hamas
is a member, or that results from an agreement with Hamas and
over which Hamas exercises undue influence.
(2) <<NOTE: President. Certification. Reports.>> Notwithstanding
the limitation of paragraph (1), assistance may be provided to a
power-sharing government only if the President certifies and
reports to the Committees on Appropriations that such
government, including all of its ministers or such equivalent,
has publicly accepted and is complying with the principles
contained in section 620K(b)(1) (A) and (B) of the Foreign
Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by the
Palestinian Anti-Terrorism Act of 2006 (Public Law 109-446) with
respect to this subsection.
(4) <<NOTE: Reports. Deadline.>> Whenever the certification
pursuant to paragraph (2) is exercised, the Secretary of State
shall submit a report to the Committees on Appropriations within
120 days of the certification and every quarter thereafter on
whether such government, including all of its ministers or such
equivalent are continuing to comply with the principles
contained in section 620K(b)(1) (A) and (B) of the Foreign
Assistance Act of 1961, as amended: Provided, That the report
shall also detail the amount, purposes and delivery mechanisms
for any assistance provided pursuant to the abovementioned
certification and a full accounting of any direct support of
such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
middle east and north africa
Sec. 7041. (a) Egypt.--
(1) Certification and report.--Funds appropriated by this
Act that are available for assistance for Egypt may be made
available notwithstanding any other provision of law restricting
assistance for Egypt, except for this subsection and section
620M of the Foreign Assistance Act of 1961, and may only be made
available for assistance for the Government of Egypt if the
Secretary of State certifies and reports to the Committees on
Appropriations that such government is--
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-
Israel Peace Treaty.
(2) Economic support fund.--
[[Page 131 STAT. 660]]
(A) Funding.--Of the funds appropriated by this Act
under the heading ``Economic Support Fund'', up to
$112,500,000 may be made available for assistance for
Egypt, of which not less than $35,000,000 should be made
available for higher education programs including not
less than $10,000,000 for scholarships for Egyptian
students with high financial need to attend not-for-
profit institutions of higher education: Provided, That
such funds may be made available for democracy programs
and for development programs in the Sinai: Provided
further, <<NOTE: Certification. Reports.>> That such
funds may not be made available for cash transfer
assistance or budget support unless the Secretary of
State certifies and reports to the appropriate
congressional committees that the Government of Egypt is
taking consistent and effective steps to stabilize the
economy and implement market-based economic reforms.
(B) <<NOTE: Determination. Certification. Reports.>> With
holding.--The Secretary of State shall withhold from
obligation funds appropriated by this Act under the
heading ``Economic Support Fund'' for assistance for
Egypt, an amount of such funds that the Secretary
determines to be equivalent to that expended by the
United States Government for bail, and by
nongovernmental organizations for legal and court fees,
associated with democracy-related trials in Egypt until
the Secretary certifies and reports to the Committees on
Appropriations that the Government of Egypt has
dismissed the convictions issued by the Cairo Criminal
Court on June 4, 2013, in ``Public Prosecution Case No.
1110 for the Year 2012''.
(3) Foreign military financing program.--
(A) Certification.--Of the funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'', $1,300,000,000, to remain available until
September 30, 2018, may be made available for assistance
for Egypt: Provided, <<NOTE: Reports.>> That 15 percent
of such funds shall be withheld from obligation until
the Secretary of State certifies and reports to the
Committees on Appropriations that the Government of
Egypt is taking effective steps to--
(i) advance democracy and human rights in
Egypt, including to govern democratically and
protect religious minorities and the rights of
women, which are in addition to steps taken during
the previous calendar year for such purposes;
(ii) implement reforms that protect freedoms
of expression, association, and peaceful assembly,
including the ability of civil society
organizations and the media to function without
interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces
accountable, including officers credibly alleged
to have violated human rights; and
(v) provide regular access for United States
officials to monitor such assistance in areas
where the assistance is used:
Provided further, <<NOTE: Transfer
authority. Consultation.>> That such funds may be
transferred to an interest bearing account in the
Federal Reserve Bank of New York, following consultation
with the Committees
[[Page 131 STAT. 661]]
on Appropriations: Provided further, That the
certification requirement of this paragraph shall not
apply to funds appropriated by this Act under such
heading for counterterrorism, border security, and
nonproliferation programs for Egypt.
(B) <<NOTE: Determination. Reports.>> Waiver.--The
Secretary of State may waive the certification
requirement in subparagraph (A) if the Secretary
determines and reports to the Committees on
Appropriations that to do so is important to the
national security interest of the United States, and
submits a report to such Committees containing a
detailed justification for the use of such waiver and
the reasons why any of the requirements of subparagraph
(A) cannot be met.
(4) Oversight and consultation requirements.--
(A) The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of funds made
available by this subsection for assistance for Egypt.
(B) <<NOTE: Deadline. Reports. Assessment.>> Not
later than 90 days after enactment of this Act, the
Secretary shall submit a report to the Committees on
Appropriations on any plan to restructure military
assistance for Egypt, which should include an assessment
of the potential benefits of such restructuring on the
capabilities of the Egyptian military, and a description
of any planned modifications regarding the procurement
of military equipment.
(b) Iran.--
(1) Funding.--Funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'', ``Economic
Support Fund'', and ``Nonproliferation, Anti-terrorism, Demining
and Related Programs'' shall be used by the Secretary of State--
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or
otherwise obtain a nuclear weapon;
(B) to support an expeditious response to any
violation of the Joint Comprehensive Plan of Action or
United Nations Security Council Resolution 2231;
(C) to support the implementation and enforcement of
sanctions against Iran for support of terrorism, human
rights abuses, and ballistic missile and weapons
proliferation; and
(D) <<NOTE: Consultation.>> for democracy programs
for Iran, to be administered by the Assistant Secretary
for Near Eastern Affairs, Department of State, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State.
(2) <<NOTE: Time period.>> Continuation of prohibition.--The
terms and conditions of paragraph (2) of section 7041(c) in
division I of Public Law 112-74 shall continue in effect during
fiscal year 2017.
(3) Reports.--
(A) The Secretary of State shall submit to the
Committees on Appropriations the semi-annual report
required by section 2 of the Iran Nuclear Agreement
Review Act of 2015 (42 U.S.C. 2160e(d)(4)).
(B) <<NOTE: Consultation.>> Not later than 180 days
after the date of enactment of this Act, the Secretary
of State, in consultation with
[[Page 131 STAT. 662]]
the Secretary of the Treasury, shall submit to the
appropriate congressional committees a report on the
status of the implementation and enforcement of
bilateral United States and multilateral sanctions
against Iran and actions taken by the United States and
the international community to enforce such sanctions
against Iran: Provided, <<NOTE: Arms and
munitions.>> That the report shall also include any
entities involved in providing significant support for
the development of a ballistic missile by the Government
of Iran after October 1, 2015, including shipping and
financing, and note whether such entities are currently
under United States sanctions: Provided further, That
such report shall be submitted in an unclassified form,
but may contain a classified annex if necessary.
(C) <<NOTE: Consultation.>> The Secretary of State,
in consultation with the Secretary of the Treasury,
shall submit to the appropriate congressional committees
the report on Iran contained in section 7041(b)(3)(C) of
S. 3117, the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2017 (as
introduced in the Senate on June 29, 2016), in the
manner described.
(c) Iraq.--
(1) Purposes.--Funds appropriated by this Act shall be made
available for assistance for Iraq to promote governance,
security, and internal and regional stability, including in the
Kurdistan Region of Iraq and other areas impacted by the
conflict in Syria, and among religious and ethnic minority
populations in Iraq.
(2) Explosive ordnance disposal programs.--Funds
appropriated by this Act under the heading ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' shall be made
available for explosive ordnance disposal programs in areas
liberated from extremist organizations in Iraq.
(3) Kurdistan regional government.--
(A) Funds appropriated by this Act under the
headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program''
that are available for assistance for Iraq shall be made
available to enhance the capacity of Kurdistan Regional
Government security services and for security programs
in the Kurdistan Region of Iraq to address requirements
arising from the violence in Syria and Iraq:
Provided, <<NOTE: Consultation.>> That the Secretary of
State shall consult with the Committees on
Appropriations prior to obligating such funds.
(B) Funds appropriated by this Act under the
headings ``International Disaster Assistance'' and
``Migration and Refugee Assistance'' should be made
available for assistance for the Kurdistan Region of
Iraq to address the needs of internally displaced
persons (IDPs) and refugees: Provided, That funds
appropriated by this Act under the heading ``Economic
Support Fund'' shall be made available for programs to
mitigate the impact of such IDPs and refugees in such
Region, including for assistance for communities hosting
such persons.
(4) Basing rights agreement.--None of the funds appropriated
or otherwise made available by this Act may be used
[[Page 131 STAT. 663]]
by the Government of the United States to enter into a permanent
basing rights agreement between the United States and Iraq.
(d) Israel.--Title II of the Security Assistance Appropriations Act,
2017 (division B of Public Law 114-254), under the heading ``Foreign
Military Financing Program'', is amended by inserting after ``Middle
East'' and before the colon the following, ``, of which $75,000,000
shall be made available for grants only for Israel in fiscal year
2017'': Provided, That amounts that were previously designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985 are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of such Act.
(e) Jordan.--
(1) Funding levels.--Of the funds appropriated by this Act
under titles III and IV, not less than $1,279,950,000 shall be
made available for assistance for Jordan, of which not less than
$475,000,000 shall be for budget support for the Government of
Jordan.
(2) Response to the syrian crisis.--Funds appropriated by
this Act shall be made available for programs to implement the
Jordan Compact Action Plan and the Jordan Response Plan for the
Syria Crisis 2016-2018, including assistance for host
communities in Jordan.
(f) Lebanon.--
(1) Limitation.--None of the funds appropriated by this Act
may be made available for the Lebanese Internal Security Forces
(ISF) or the Lebanese Armed Forces (LAF) if the ISF or the LAF
is controlled by a foreign terrorist organization, as designated
pursuant to section 219 of the Immigration and Nationality Act
(8 U.S.C. 1189).
(2) Consultation requirement.--Funds appropriated by this
Act under the headings ``International Narcotics Control and Law
Enforcement'' and ``Foreign Military Financing Program'' that
are available for assistance for Lebanon may be made available
for programs and equipment for the ISF and the LAF to address
security and stability requirements in areas affected by the
conflict in Syria, following consultation with the appropriate
congressional committees.
(3) Economic support fund.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' that are available
for assistance for Lebanon may be made available notwithstanding
section 1224 of the Foreign Relations Authorization Act, Fiscal
Year 2003 (Public Law 107-228; 22 U.S.C. 2346 note).
(4) Foreign military financing program.--In addition to the
activities described in paragraph (2), funds appropriated by
this Act under the heading ``Foreign Military Financing
Program'' for assistance for Lebanon may be made available only
to professionalize the LAF and to strengthen border security and
combat terrorism, including training and equipping the LAF to
secure Lebanon's borders, interdicting arms shipments,
preventing the use of Lebanon as a safe haven for terrorist
groups, and to implement United Nations Security Council
Resolution 1701: Provided, <<NOTE: Spend plan. Deadline.>> That
funds may not be
[[Page 131 STAT. 664]]
obligated for assistance for the LAF until the Secretary of
State submits to the Committees on Appropriations a spend plan,
including actions to be taken to ensure equipment provided to
the LAF is only used for the intended purposes, except such plan
may not be considered as meeting the notification requirements
under section 7015 of this Act or under section 634A of the
Foreign Assistance Act of 1961, and shall be submitted not later
than September 1, 2017: Provided further, That any notification
submitted pursuant to such sections shall include any funds
specifically intended for lethal military equipment.
(g) Libya.--
(1) Funding.--
(A) Funds appropriated by titles III and IV of this
Act shall be made available for assistance for Libya for
programs to strengthen governing institutions and civil
society, improve border security, and promote democracy
and stability in Libya, and for activities to address
the humanitarian needs of the people of Libya.
(B) Funds appropriated by this Act under the heading
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' shall be made available for explosive
ordnance disposal programs in areas liberated from
extremist organizations in Libya.
(C) <<NOTE: Notification.>> The Secretary of State
shall promptly inform the appropriate congressional
committees of each instance in which assistance provided
pursuant to this subsection has been diverted or
destroyed, to include the type and amount of assistance,
a description of the incident and parties involved, and
an explanation of the response of the Department of
State.
(2) Limitations.--
(A) <<NOTE: Certification. Reports.>> Cooperation on
the september 2012 attack on united states personnel and
facilities.--None of the funds appropriated by this Act
may be made available for assistance for the central
Government of Libya unless the Secretary of State
certifies and reports to the Committees on
Appropriations that such government is cooperating with
United States Government efforts to investigate and
bring to justice those responsible for the attack on
United States personnel and facilities in Benghazi,
Libya in September 2012: Provided, That the limitation
in this paragraph shall not apply to funds made
available for the purpose of protecting United States
Government personnel or facilities.
(B) <<NOTE: Applicability.>> Infrastructure
projects.--The limitation on the uses of funds in
section 7041(f)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76) shall apply to
funds appropriated by this Act that are made available
for assistance for Libya.
(3) <<NOTE: Reports.>> Certification requirement.--Prior to
the initial obligation of funds made available by this Act for
assistance for Libya, the Secretary of State shall certify and
report to the Committees on Appropriations that all practicable
steps have been taken to ensure that mechanisms are in place for
[[Page 131 STAT. 665]]
monitoring, oversight, and control of funds made available by
this subsection for assistance for Libya.
(h) Morocco.--
(1) Availability and consultation requirement.--Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara:
Provided, <<NOTE: Deadline.>> That not later than 90 days after
enactment of this Act and prior to the obligation of such funds,
the Secretary of State, in consultation with the USAID
Administrator, shall consult with the Committees on
Appropriations on the proposed uses of such funds.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' that are available for assistance for Morocco may only
be used for the purposes requested in the Congressional Budget
Justification, Foreign Operations, Fiscal Year 2017.
(i) <<NOTE: Deadline. Consultation. Reports.>> Refugee Assistance in
North Africa.--Not later than 45 days after enactment of this Act, the
Secretary of State, after consultation with the United Nations High
Commissioner for Refugees and the Executive Director of the World Food
Programme, shall submit a report to the Committees on Appropriations
describing steps taken to strengthen monitoring of the delivery of
humanitarian assistance provided for refugees in North Africa, including
any steps taken to ensure that all vulnerable refugees are receiving
such assistance.
(j) Syria.--
(1) Non-lethal assistance.--Funds appropriated by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Peacekeeping
Operations'' shall be made available, to the extent practicable
and notwithstanding any other provision of law, for non-lethal
assistance for programs to address the needs of civilians
affected by conflict in Syria, and for programs that seek to--
(A) establish governance in Syria that is
representative, inclusive, and accountable;
(B) empower women through political and economic
programs, and address the psychosocial needs of women
and their families in Syria and neighboring countries;
(C) develop and implement political processes that
are democratic, transparent, and strengthen the rule of
law;
(D) further the legitimacy and viability of the
Syrian opposition through cross-border programs;
(E) develop and sustain civil society and
independent media in Syria;
(F) promote stability and economic development in
Syria;
(G) document, investigate, and prosecute human
rights violations in Syria, including through
transitional justice programs and support for
nongovernmental organizations;
(H) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher
education requirements at universities and other
academic institutions in the region, and through
distance learning;
[[Page 131 STAT. 666]]
(J) assist vulnerable populations in Syria and in
neighboring countries;
(K) protect and preserve the cultural identity of
the people of Syria as a counterbalance to extremism,
particularly those living in neighboring countries and
among youth;
(L) protect and preserve cultural heritage sites in
Syria, particularly those damaged and destroyed by
extremists; and
(M) counter extremism in Syria.
(2) Explosive ordnance disposal programs.--Funds
appropriated by this Act under the heading ``Nonproliferation,
Anti-terrorism, Demining and Related Programs'' shall be made
available for explosive ordnance disposal programs in areas
liberated from extremist organizations in Syria.
(3) Syrian organizations.--Funds appropriated by this Act
that are made available for assistance for Syria pursuant to the
authority of this subsection shall be made available, on an open
and competitive basis, to continue a program to strengthen the
capability of Syrian civil society organizations to address the
immediate and long-term needs of the Syrian people inside Syria
in a manner that supports the sustainability of such
organizations in implementing Syrian-led humanitarian and
development programs and the comprehensive strategy required in
section 7041(i)(3) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014
(division K of Public Law 113-76): Provided, That funds made
available by this paragraph shall be the responsibility of the
Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State.
(4) <<NOTE: Consultation.>> Strategy update.--Funds
appropriated by this Act that are made available for assistance
for Syria pursuant to the authority of this subsection may only
be made available after the Secretary of State, in consultation
with the heads of relevant United States Government agencies,
submits, in classified form if necessary, an update to the
comprehensive strategy required in section 7041(i)(3) of Public
Law 113-76.
(5) Monitoring and oversight.--Prior to the obligation of
funds appropriated by this Act and made available for assistance
for Syria, the Secretary of State shall take all practicable
steps to ensure that mechanisms are in place for monitoring,
oversight, and control of such assistance inside Syria:
Provided, That <<NOTE: Notification.>> the Secretary shall
promptly inform the appropriate congressional committees of each
instance in which assistance provided pursuant to this
subsection has been diverted or destroyed, to include the type
and amount of assistance, a description of the incident and
parties involved, and an explanation of the response of the
Department of State.
(6) Consultation and notification.--Funds made available
pursuant to this subsection may only be made available following
consultation with the appropriate congressional committees, and
shall be subject to the regular notification procedures of the
Committees on Appropriations.
(k) Tunisia.--Of the funds appropriated under titles III and IV of
this Act, not less than $165,400,000 shall be made available for
assistance for Tunisia.
(l) <<NOTE: Israel.>> West Bank and Gaza.--
[[Page 131 STAT. 667]]
(1) Report on assistance.--Prior to the initial obligation
of funds made available by this Act under the heading ``Economic
Support Fund'' for assistance for the West Bank and Gaza, the
Secretary of State shall report to the Committees on
Appropriations that the purpose of such assistance is to--
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) Limitations.--
(A)(i) None of the funds appropriated under the
heading ``Economic Support Fund'' in this Act may be
made available for assistance for the Palestinian
Authority, if after the date of enactment of this Act--
(I) the Palestinians obtain the same standing
as member states or full membership as a state in
the United Nations or any specialized agency
thereof outside an agreement negotiated between
Israel and the Palestinians; or
(II) the Palestinians initiate an
International Criminal Court (ICC) judicially
authorized investigation, or actively support such
an investigation, that subjects Israeli nationals
to an investigation for alleged crimes against
Palestinians.
(ii) <<NOTE: Waiver
authority. Applicability. Certification. Reports.>> The
Secretary of State may waive the restriction in clause
(i) of this subparagraph resulting from the application
of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do
so is in the national security interest of the United
States, and submits a report to such Committees
detailing how the waiver and the continuation of
assistance would assist in furthering Middle East peace.
(B)(i) <<NOTE: President. Waiver
authority. Determinations. Certifications.>> The
President may waive the provisions of section 1003 of
the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (Public Law 100-204) if the President
determines and certifies in writing to the Speaker of
the House of Representatives, the President pro tempore
of the Senate, and the appropriate congressional
committees that the Palestinians have not, after the
date of enactment of this Act--
(I) obtained in the United Nations or any
specialized agency thereof the same standing as
member states or full membership as a state
outside an agreement negotiated between Israel and
the Palestinians; and
(II) taken any action with respect to the ICC
that is intended to influence a determination by
the ICC to initiate a judicially authorized
investigation, or to actively support such an
investigation, that subjects Israeli nationals to
an investigation for alleged crimes against
Palestinians.
(ii) <<NOTE: Deadline.>> Not less than 90 days after
the President is unable to make the certification
pursuant to clause (i) of this subparagraph, the
President may waive section 1003 of
[[Page 131 STAT. 668]]
Public Law 100-204 if the President determines and
certifies in writing to the Speaker of the House of
Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that the
Palestinians have entered into direct and meaningful
negotiations with Israel: Provided, That any waiver of
the provisions of section 1003 of Public Law 100-204
under clause (i) of this subparagraph or under previous
provisions of law must expire before the waiver under
the preceding sentence may be exercised.
(iii) <<NOTE: Time periods.>> Any waiver pursuant to
this subparagraph shall be effective for no more than a
period of 6 months at a time and shall not apply beyond
12 months after the enactment of this Act.
(3) <<NOTE: Determination. Time period.>> Reduction.--The
Secretary of State shall reduce the amount of assistance made
available by this Act under the heading ``Economic Support
Fund'' for the Palestinian Authority by an amount the Secretary
determines is equivalent to the amount expended by the
Palestinian Authority, the Palestine Liberation Organization,
and any successor or affiliated organizations with such entities
as payments for acts of terrorism by individuals who are
imprisoned after being fairly tried and convicted for acts of
terrorism and by individuals who died committing acts of
terrorism during the previous calendar year:
Provided, <<NOTE: Reports.>> That the Secretary shall report to
the Committees on Appropriations on the amount reduced for
fiscal year 2017 prior to the obligation of funds for the
Palestinian Authority.
(4) <<NOTE: Applicability.>> Security report.--The reporting
requirements contained in section 1404 of the Supplemental
Appropriations Act, 2008 (Public Law 110-252) shall apply to
funds made available by this Act, including a description of
modifications, if any, to the security strategy of the
Palestinian Authority.
(5) Incitement report.--Not later than 90 days after
enactment of this Act, the Secretary of State shall submit a
report to the Committees on Appropriations detailing steps taken
by the Palestinian Authority to counter incitement of violence
against Israelis and to promote peace and coexistence with
Israel.
africa
Sec. 7042. <<NOTE: Determination. Reports.>> (a) African Great Lakes
Region Assistance Restriction.--Funds appropriated by this Act under the
heading ``International Military Education and Training'' for the
central government of a country in the African Great Lakes region may be
made available only for Expanded International Military Education and
Training and professional military education until the Secretary of
State determines and reports to the Committees on Appropriations that
such government is not facilitating or otherwise participating in
destabilizing activities in a neighboring country, including aiding and
abetting armed groups.
(b) Boko Haram.--Funds appropriated by this Act that are made
available for assistance for Cameroon, Chad, Niger, and Nigeria--
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko
[[Page 131 STAT. 669]]
Haram, consistent with the provisions of section 7059 of this
Act, and for individuals displaced by Boko Haram violence; and
(2) may be made available for counterterrorism programs to
combat Boko Haram.
(c) Central African Republic.--Funds made available by this Act for
assistance for the Central African Republic shall be made available for
reconciliation and peacebuilding programs, including activities to
promote inter-faith dialogue at the national and local levels, and for
programs to prevent crimes against humanity.
(d) Ethiopia.--
(1) Forced evictions.--
(A) Funds appropriated by this Act for assistance
for Ethiopia may not be made available for any activity
that supports forced evictions.
(B) The Secretary of the Treasury should instruct
the United States executive director of each
international financial institution to use the voice and
vote of the United States to support projects in
Ethiopia only if such projects are developed and carried
out in accordance with the requirements of section
7029(b)(2) of this Act.
(2) Consultation requirement.--Programs and activities to
improve livelihoods shall include prior consultation with, and
the participation of, affected communities, including in the
South Omo and Gambella regions.
(3) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' for assistance for Ethiopia may only be made available
for border security and counterterrorism programs, support for
international peacekeeping efforts, and assistance for
professional military education.
(e) <<NOTE: Consultation.>> Lake Chad Basin Countries.--Funds
appropriated by this Act for democracy and other development programs
for Cameroon, Chad, Niger, and Nigeria should be made available,
following consultation with the Committees on Appropriations, to protect
freedoms of expression, association and religion, including support for
journalists, civil society, and opposition political parties, and should
be used to assist the governments of such countries to strengthen
accountability and the rule of law, including within the security
forces.
(f) <<NOTE: Child soldiers.>> Lord's Resistance Army.--Funds
appropriated by this Act shall be made available for programs and
activities in areas affected by the Lord's Resistance Army (LRA)
consistent with the goals of the Lord's Resistance Army Disarmament and
Northern Uganda Recovery Act (Public Law 111-172), including to improve
physical access, telecommunications infrastructure, and early-warning
mechanisms and to support the disarmament, demobilization, and
reintegration of former LRA combatants, especially child soldiers.
(g) Malawi.--Of the funds appropriated by this Act under the heading
``Development Assistance'', not less than $56,000,000 shall be made
available for assistance for Malawi, of which up to $10,000,000 shall be
made available for higher education programs.
(h) <<NOTE: Notification.>> Power Africa Initiative.--Funds
appropriated by this Act that are made available for the Power Africa
initiative shall be subject to the regular notification procedures of
the Committees on Appropriations.
[[Page 131 STAT. 670]]
(i) South Sudan.--
(1) <<NOTE: Deadline. Consultation.>> Strategy
requirement.--Not later than 45 days after enactment of this Act
and prior to the initial obligation of funds made available by
this Act for assistance for the central Government of South
Sudan, the Secretary of State, in consultation with the USAID
Administrator, shall submit to the appropriate congressional
committees a United States diplomatic and assistance strategy
for South Sudan, consistent with the requirements under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act):
Provided, That such strategy shall include a description of how
the cessation of hostilities and the delivery of humanitarian
assistance and essential services will be prioritized: Provided
further, That the Secretary of State shall consult with such
committees prior to submitting such strategy.
(2) <<NOTE: Reports.>> Certification.--None of the funds
appropriated by this Act that are available for assistance for
the central Government of South Sudan may be made available
until the Secretary of State certifies and reports to the
Committees on Appropriations that such government is taking
effective steps to--
(A) end hostilities and pursue good faith
negotiations for a political settlement of the conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and
sale of oil and gas;
(F) establish democratic institutions;
(G) establish accountable military and police forces
under civilian authority; and
(H) <<NOTE: Human rights.>> investigate and
prosecute individuals credibly alleged to have committed
gross violations of human rights, including at the
Terrain compound in Juba, South Sudan on July 11, 2016.
(3) Exclusions.--The limitation of paragraph (2) shall not
apply to--
(A) humanitarian assistance;
(B) assistance to support South Sudan peace
negotiations or to advance or implement a peace
agreement; and
(C) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such Agreement.
(4) Consultation.--Prior to the initial obligation of funds
made available for the central Government of South Sudan
pursuant to paragraphs (3)(B) and (C), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds, steps taken by such government to
advance or implement a peace agreement, and progress made by the
Government of South Sudan in meeting the requirements in
paragraph (2).
(j) Sudan.--
(1) Limitation.--Notwithstanding any other provision of law,
none of the funds appropriated by this Act may be made available
for assistance for the Government of Sudan.
[[Page 131 STAT. 671]]
(2) Limitation on loans.--None of the funds appropriated by
this Act may be made available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the Government of
Sudan, including the cost of selling, reducing, or canceling
amounts owed to the United States, and modifying concessional
loans, guarantees, and credit agreements.
(3) Exclusions.--The limitations of paragraphs (1) and (2)
shall not apply to--
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern
Kordofan State, Blue Nile State, other marginalized
areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of
outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other
internationally recognized viable peace agreement in
Sudan.
(k) <<NOTE: Certifications. Reports. 22 USC 2151 note.>> Zimbabwe.--
(1) Instruction.--The Secretary of the Treasury shall
instruct the United States executive director of each
international financial institution to vote against any
extension by the respective institution of any loan or grant to
the Government of Zimbabwe, except to meet basic human needs or
to promote democracy, unless the Secretary of State certifies
and reports to the Committees on Appropriations that the rule of
law has been restored, including respect for ownership and title
to property, and freedoms of expression, association, and
assembly.
(2) Limitations.--None of the funds appropriated by this Act
shall be made available for assistance for the central
Government of Zimbabwe, except for health and education, unless
the Secretary of State certifies and reports as required in
paragraph (1), and funds may be made available for macroeconomic
growth assistance if the Secretary reports to the Committees on
Appropriations that such government is implementing transparent
fiscal policies, including public disclosure of revenues from
the extraction of natural resources.
east asia and the pacific
Sec. 7043. (a) <<NOTE: Extension. Time period.>> Asia Rebalancing
Initiative.--Except for paragraphs (1)(C), (4), (5)(B) and (C), and
6(B), section 7043(a) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J of Public Law
113-235) shall continue in effect during fiscal year 2017:
Provided, <<NOTE: Applicability.>> That section 7043(a)(8) of such Act
shall be applied to funds appropriated by this Act by adding ``East
Asia,'' before ``Southeast Asia''.
(b) Burma.--
(1) Bilateral economic assistance.--
(A) Funds appropriated by this Act under the heading
``Economic Support Fund'' for assistance for Burma may
be made available notwithstanding any other provision of
law, except for this subsection, and following
consultation with the appropriate congressional
committees.
[[Page 131 STAT. 672]]
(B) Funds appropriated under title III of this Act
for assistance for Burma--
(i) shall be made available to strengthen
civil society organizations in Burma and for
programs to strengthen independent media;
(ii) shall be made available for community-
based organizations operating in Thailand to
provide food, medical, and other humanitarian
assistance to internally displaced persons in
eastern Burma, in addition to assistance for
Burmese refugees from funds appropriated by this
Act under the heading ``Migration and Refugee
Assistance'';
(iii) shall be made available for programs to
promote ethnic and religious tolerance, including
in Rakhine and Kachin states;
(iv) shall be made available to promote rural
economic development in Burma, including through
microfinance and sustainable power generation
programs;
(v) shall be made available to increase
opportunities for foreign direct investment by
strengthening the rule of law, transparency, and
accountability;
(vi) <<NOTE: Human rights.>> may not be made
available to any individual or organization if the
Secretary of State has credible information that
such individual or organization has committed a
gross violation of human rights, including against
Rohingya and other minority groups, or that
advocates violence against ethnic or religious
groups and individuals in Burma;
(vii) may not be made available to any
organization or entity controlled by the military
of Burma; and
(viii) may be made available for programs
administered by the Office of Transition
Initiatives, United States Agency for
International Development, for ethnic groups and
civil society in Burma to help sustain ceasefire
agreements and further prospects for
reconciliation and peace, which may include
support to representatives of ethnic armed groups
for this purpose.
(2) International security assistance.--None of the funds
appropriated by this Act under the headings ``International
Military Education and Training'' and ``Foreign Military
Financing Program'' may be made available for assistance for
Burma: Provided, <<NOTE: Consultations.>> That the Department
of State may continue consultations with the armed forces of
Burma only on human rights and disaster response in a manner
consistent with the prior fiscal year, and following
consultation with the appropriate congressional committees.
(3) Multilateral assistance.--The Secretary of the Treasury
should instruct the United States executive director of each
international financial institution to use the voice and vote of
the United States to support projects in Burma only if such
projects are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(4) Programs, position, and responsibilities.--
(A) <<NOTE: Time period. Consultation.>> Any new
program or activity in Burma initiated in fiscal year
2017 shall be subject to prior consultation with the
appropriate congressional committees.
[[Page 131 STAT. 673]]
(B) <<NOTE: Extension. Time period.>> Section
7043(b)(7) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113-235) shall continue
in effect during fiscal year 2017.
(C) <<NOTE: Consultation.>> The United States Chief
of Mission in Burma, in consultation with the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State, shall be responsible for democracy
and human rights programs in Burma.
(c) Cambodia.--
(1) <<NOTE: Certification. Reports.>> Human rights
conditions.--Of the funds appropriated in title IV of this Act
that are made available for assistance for the central
Government of Cambodia, 25 percent shall be withheld from
obligation until the Secretary of State certifies and reports to
the Committees on Appropriations that such government--
(A) is taking effective steps to strengthen regional
security and stability, particularly regarding
territorial disputes in the South China Sea;
(B) has ceased efforts to intimidate civil society
and the political opposition in Cambodia, is credibly
investigating the murder of social and political
activists, and is taking actions to address the concerns
detailed in the September 14, 2016 United Nations Human
Rights Situation in Cambodia--Joint Statement; and
(C) is establishing conditions for the holding of
free and fair elections in Cambodia in 2017 and 2018
through a non-partisan election commission; fair
election processes; credible post-election dispute
resolution mechanisms; open and inclusive participation,
to include the return of exiled former opposition
leaders; and respect for freedoms of assembly and
speech.
(2) <<NOTE: Genocide.>> Khmer rouge tribunal.--Of the funds
appropriated by this Act that are made available for assistance
for Cambodia under the heading ``Economic Support Fund'', not
more than $1,500,000 may be made available for a contribution to
the Extraordinary Chambers in the Court of Cambodia (ECCC):
Provided, <<NOTE: Certification. Reports.>> That such funds may
only be made available if the Secretary of State certifies and
reports to the Committees on Appropriations that such
contribution is in the national interest of the United States
and will support the prosecution and punishment of individuals
responsible for genocide in Cambodia in a credible manner:
Provided further, That if the Secretary of State is unable to
make the certification required by the previous proviso, such
funds shall be made available for research and education
programs associated with the Khmer Rouge genocide in Cambodia,
which are in addition to funds otherwise made available under
paragraph (3): Provided further, <<NOTE: Consultation.>> That
such funds shall be subject to prior consultation with, and the
regular notification procedures of, such Committees: Provided
further, <<NOTE: Reimbursements.>> That the Secretary of State
shall seek reimbursements from the Principal Donors Group for
the Documentation Center of Cambodia for costs incurred in
support of the ECCC.
(3) Research and education.--Funds made available by this
Act for democracy programs in Cambodia shall be made
[[Page 131 STAT. 674]]
available for research and education programs associated with
the Khmer Rouge genocide in Cambodia.
(d) North Korea.--
(1) Broadcasts.--Funds appropriated by this Act under the
heading ``International Broadcasting Operations'' shall be made
available to maintain broadcasting hours into North Korea at
levels not less than the prior fiscal year.
(2) Refugees.--Funds appropriated by this Act under the
heading ``Migration and Refugee Assistance'' should be made
available for assistance for refugees from North Korea,
including protection activities in the People's Republic of
China and other countries in Asia.
(3) Database and report.--Funds appropriated by this Act
under title III shall be made available to maintain a database
of prisons and gulags in North Korea, in accordance with section
7032(i) of the Department of State, Foreign Operations, and
Related Programs Appropriations Act, 2014 (division K of Public
Law 113-76).
(4) Limitation on use of funds.--None of the funds made
available by this Act under the heading ``Economic Support
Fund'' may be made available for assistance for the Government
of North Korea.
(e) People's Republic of China.--
(1) <<NOTE: Time period. Notification.>> Limitation on use
of funds.--None of the funds appropriated under the heading
``Diplomatic and Consular Programs'' in this Act may be
obligated or expended for processing licenses for the export of
satellites of United States origin (including commercial
satellites and satellite components) to the People's Republic of
China (PRC) unless, at least 15 days in advance, the Committees
on Appropriations are notified of such proposed action.
(2) <<NOTE: Applicability.>> People's liberation army.--The
terms and requirements of section 620(h) of the Foreign
Assistance Act of 1961 shall apply to foreign assistance
projects or activities of the People's Liberation Army (PLA) of
the PRC, to include such projects or activities by any entity
that is owned or controlled by, or an affiliate of, the PLA:
Provided, That none of the funds appropriated or otherwise made
available pursuant to this Act may be used to finance any grant,
contract, or cooperative agreement with the PLA, or any entity
that the Secretary of State has reason to believe is owned or
controlled by, or an affiliate of, the PLA.
(3) <<NOTE: Consultation.>> Counter influence programs.--
Funds appropriated by this Act for public diplomacy under title
I and for assistance under titles III and IV shall be made
available to counter the influence of the PRC, in accordance
with the strategy required by section 7043(e)(3) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2014 (division K of Public Law 113-76),
following consultation with the Committees on Appropriations.
(4) Authority and notification requirement.--
(A) The uses of funds made available by this Act for
the promotion of democracy in the PRC, except for funds
made available under subsection (g), shall be the
responsibility of the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State.
[[Page 131 STAT. 675]]
(B) Funds appropriated by this Act that are made
available for trilateral programs conducted with the PRC
shall be subject to the regular notification procedures
of the Committees on Appropriations.
(f) <<NOTE: Deadline. Reports.>> Philippines.--Prior to the initial
obligation of funds appropriated by this Act for assistance for the
Philippines, but not later than 180 days after enactment of this Act,
the Secretary of State shall submit a report to the Committees on
Appropriations, which shall include the information required under this
section in the explanatory statement described in section 4 (in the
matter preceding division A of this Consolidated Act).
(g) Tibet.--
(1) Financing of projects in tibet.--The Secretary of the
Treasury should instruct the United States executive director of
each international financial institution to use the voice and
vote of the United States to support financing of projects in
Tibet if such projects do not provide incentives for the
migration and settlement of non-Tibetans into Tibet or
facilitate the transfer of ownership of Tibetan land and natural
resources to non-Tibetans, are based on a thorough needs-
assessment, foster self-sufficiency of the Tibetan people and
respect Tibetan culture and traditions, and are subject to
effective monitoring.
(2) Programs for tibetan communities.--
(A) Notwithstanding any other provision of law,
funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available to
nongovernmental organizations to support activities
which preserve cultural traditions and promote
sustainable development, education, and environmental
conservation in Tibetan communities in the Tibetan
Autonomous Region and in other Tibetan communities in
China.
(B) Funds appropriated by this Act under the heading
``Economic Support Fund'' shall be made available for
programs to promote and preserve Tibetan culture,
development, and the resilience of Tibetan communities
in India and Nepal, and to assist in the education and
development of the next generation of Tibetan leaders
from such communities: Provided, That such funds are in
addition to amounts made available in subparagraph (A)
for programs inside Tibet.
(h) Vietnam.--
(1) Dioxin remediation.--Notwithstanding any other provision
of law, of the funds appropriated by this Act under the heading
``Economic Support Fund'', not less than $20,000,000 shall be
made available for activities related to the remediation of
dioxin contaminated sites in Vietnam and may be made available
for assistance for the Government of Vietnam, including the
military, for such purposes.
(2) Health and disability programs.--Of the funds
appropriated by this Act under the heading ``Development
Assistance'', not less than $10,000,000 shall be made available
for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment
and/or cognitive or developmental disabilities.
[[Page 131 STAT. 676]]
south and central asia
Sec. 7044. (a) Afghanistan.--
(1) Strategy and personnel.--
(A) <<NOTE: Deadline. Consultation.>> Strategy.--Not
later than 90 days after enactment of this Act and prior
to the initial obligation of funds made available for
assistance for Afghanistan by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'', the Secretary
of State, in consultation with the Secretary of Defense,
shall submit to the appropriate congressional committees
a revised strategy for United States engagement in
Afghanistan: Provided, That such strategy shall include
detailed information on the roles and responsibilities
of the Department of State, the United States Agency for
International Development, and other non-defense United
States Government agencies in Afghanistan, including the
anticipated number of government and contractor
personnel to be assigned in Afghanistan in fiscal years
2018 and 2019: Provided further, That such strategy
shall also include detailed information on development
programs to be supported by funds made available by this
Act and prior Acts making appropriations for the
Department of State, foreign operations, and related
programs, including a description of specific safeguards
to ensure that any such funds supporting projects in
areas under the control of the Taliban or other
extremist organizations do not further the legitimacy of
such organizations: Provided further, That such
strategy shall also include detailed information, in
classified form if necessary, on specific steps to be
taken to encourage a negotiated political resolution of
the conflict in Afghanistan.
(B) <<NOTE: Time period. Termination
date.>> Personnel report.--Not later than 30 days after
enactment of this Act and every 120 days thereafter
until September 30, 2018, the Secretary of State shall
submit a report, in classified form if necessary, to the
appropriate congressional committees detailing by agency
the number of personnel present in Afghanistan under
Chief of Mission authority per section 3927 of title 22,
United States Code, at the end of the 120 day period
preceding the submission of such report: Provided, That
such report shall also include the number of locally
employed staff and contractors supporting United States
Embassy operations in Afghanistan during the reporting
period.
(2) Assistance and conditions.--
(A) Funding and limitations.--Funds appropriated by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' may be made available for assistance for
Afghanistan: Provided, That such funds may not be
obligated for any project or activity that--
(i) <<NOTE: Determination. Drugs and drug
abuse. Human rights.>> includes the participation
of any Afghan individual or organization,
including government entity, that the Secretary of
State determines to be involved in corrupt
practices, illicit narcotics production or
trafficking, or a violation of human rights;
[[Page 131 STAT. 677]]
(ii) cannot be sustained, as appropriate, by
the Government of Afghanistan or another Afghan
entity;
(iii) is not regularly accessible for the
purposes of conducting effective oversight in
accordance with applicable Federal statutes and
regulations;
(iv) initiates any new, major infrastructure
development; or
(v) legitimizes the Taliban or other extremist
organizations in areas not under the control of
the Government of Afghanistan.
(B) Certification and report.--Prior to the initial
obligation of funds made available by this Act under the
headings ``Economic Support Fund'' and ``International
Narcotics Control and Law Enforcement'' for assistance
for the central Government of Afghanistan, the Secretary
of State shall certify and report to the Committees on
Appropriations, after consultation with the Government
of Afghanistan, that--
(i) goals and benchmarks for the specific uses
of such funds have been established by the
Governments of the United States and Afghanistan;
(ii) conditions are in place that increase the
transparency and accountability of the Government
of Afghanistan for funds obligated under the New
Development Partnership;
(iii) the Government of Afghanistan is
implementing laws and policies to govern
democratically and protect the rights of
individuals, civil society, and the media;
(iv) the Government of Afghanistan is taking
consistent steps to protect and advance the rights
of women and girls in Afghanistan;
(v) the Government of Afghanistan is
effectively implementing a whole-of-government,
anti-corruption strategy that has been endorsed by
the High Council on Rule of Law and Anti-
Corruption, as agreed to at the Brussels
Conference on Afghanistan in October 2016, and is
prosecuting individuals alleged to be involved in
corrupt or illegal activities in Afghanistan;
(vi) monitoring and oversight frameworks for
programs implemented with such funds are in
accordance with all applicable audit policies of
the Department of State and USAID, including in
areas under the control of the Taliban or other
extremist organizations;
(vii) the necessary policies and procedures
are in place to ensure Government of Afghanistan
compliance with section 7013 of this Act,
``Prohibition on Taxation of United States
Assistance''; and
(viii) the Government of Afghanistan is
publicly reporting its national budget, including
revenues and expenditures.
(C) <<NOTE: Determination. Reports.>> Waiver.--The
Secretary of State may waive the certification
requirement of subparagraph (B) if the Secretary
determines that to do so is important to the national
security interest of the United States and the Secretary
submits a report to the Committees on Appropriations, in
classified form if necessary, on the justification for
the
[[Page 131 STAT. 678]]
waiver and the reasons why any of the requirements of
subparagraph (B) cannot be met.
(D) Programs.--Funds appropriated by this Act that
are made available for assistance for Afghanistan shall
be made available in the following manner--
(i) <<NOTE: Grants.>> for programs that
protect and strengthen the rights of women and
girls and promote the political and economic
empowerment of women, including their meaningful
inclusion in political processes: Provided, That
such assistance to promote economic empowerment of
women shall be made available as grants to Afghan
and international organizations, to the maximum
extent practicable;
(ii) <<NOTE: Notification.>> for programs in
South and Central Asia to expand linkages between
Afghanistan and countries in the region, subject
to the regular notification procedures of the
Committees on Appropriations; and
(iii) to assist the Government of Afghanistan
to increase revenue collection and expenditure.
(E) <<NOTE: Certification. Reports.>> Taxation.--
None of the funds appropriated by this Act for
assistance for Afghanistan may be made available for
direct government-to-government assistance unless the
Secretary of State certifies and reports to the
Committees on Appropriations that United States
companies and organizations that are implementing United
States foreign assistance programs in Afghanistan in a
manner consistent with United States laws and
regulations are not subjected by such government to
taxes or other fees in contravention of diplomatic and
other agreements between the Governments of the United
States and Afghanistan, or to retaliation for the
nonpayment of taxes or fees imposed in the past:
Provided, That <<NOTE: Deadline. Assessment. Time
periods.>> not later than 90 days after enactment of
this Act, the Secretary of State shall submit to the
Committees on Appropriations an assessment of the dollar
value of improper taxes or fees levied by such
government against such companies and organizations in
fiscal years 2014, 2015, and 2016.
(3) <<NOTE: Deadlines. Reports.>> Goals and benchmarks.--
Not later than 90 days after enactment of this Act, the
Secretary of State shall submit to the appropriate congressional
committees a report describing the goals and benchmarks required
in paragraph (2)(B)(i): Provided, That not later than 6 months
after the submission of such report and every 6 months
thereafter until September 30, 2018, the Secretary of State
shall submit a report to such committees on the status of
achieving such goals and benchmarks: Provided further, That the
Secretary of State should suspend assistance for the Government
of Afghanistan if any report required by this paragraph
indicates that such government is failing to make measurable
progress in meeting such goals and benchmarks.
(4) Authorities.--
(A) Funds appropriated by this Act under title III
through VI that are made available for assistance for
Afghanistan may be made available--
(i) notwithstanding section 7012 of this Act
or any similar provision of law and section 660 of
the Foreign Assistance Act of 1961;
[[Page 131 STAT. 679]]
(ii) for reconciliation programs and
disarmament, demobilization, and reintegration
activities for former combatants who have
renounced violence against the Government of
Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of the Department of State,
Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law
112-74); and
(iii) for an endowment to empower women and
girls.
(B) <<NOTE: Applicability.>> Section 7046(a)(2)(A)
of division I of Public Law 112-74 shall apply to funds
appropriated by this Act for assistance for Afghanistan.
(C) <<NOTE: Extension.>> Section 1102(c) of the
Supplemental Appropriations Act, 2009 (title XI of
Public Law 111-32) shall continue in effect during
fiscal year 2017.
(5) Basing rights agreement.--None of the funds made
available by this Act may be used by the United States
Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) Nepal.--
(1) Assistance.--Not less than $112,500,000 of the funds
appropriated by this Act under the headings ``Global Health
Programs'', ``Economic Support Fund'', ``International Narcotics
Control and Law Enforcement'', and ``Nonproliferation, Anti-
terrorism, Demining and Related Programs'' shall be made
available for assistance for Nepal, including for earthquake
recovery and reconstruction programs.
(2) Foreign military financing program.--Funds appropriated
by this Act under the heading ``Foreign Military Financing
Program'' shall only be made available for humanitarian and
disaster relief and reconstruction activities in Nepal, and in
support of international peacekeeping operations: Provided,
That <<NOTE: Certification. Reports. Human rights.>> such funds
may only be made available for any additional uses if the
Secretary of State certifies and reports to the Committees on
Appropriations that the Government of Nepal is investigating and
prosecuting violations of human rights and the laws of war, and
the Nepal Army is cooperating fully with civilian judicial
authorities in such cases.
(c) Pakistan.--
(1) <<NOTE: Reports.>> Certification requirement.--None of
the funds appropriated or otherwise made available by this Act
under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', and ``Foreign Military
Financing Program'' for assistance for the Government of
Pakistan may be made available unless the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of Pakistan is--
(A) cooperating with the United States in
counterterrorism efforts against the Haqqani Network,
the Quetta Shura Taliban, Lashkar e-Tayyiba, Jaish-e-
Mohammed, Al-Qaeda, and other domestic and foreign
terrorist organizations, including taking effective
steps to end support for such groups and prevent them
from basing and operating in Pakistan and carrying out
cross border attacks into neighboring countries;
(B) not supporting terrorist activities against
United States or coalition forces in Afghanistan, and
Pakistan's
[[Page 131 STAT. 680]]
military and intelligence agencies are not intervening
extra-judicially into political and judicial processes
in Pakistan;
(C) not financing or otherwise supporting schools
supported by, affiliated with, or run by the Taliban or
any designated foreign terrorist organization;
(D) dismantling improvised explosive device (IED)
networks and interdicting precursor chemicals used in
the manufacture of IEDs;
(E) preventing the proliferation of nuclear-related
material and expertise;
(F) issuing visas in a timely manner for United
States visitors engaged in counterterrorism efforts and
assistance programs in Pakistan; and
(G) providing humanitarian organizations access to
detainees, internally displaced persons, and other
Pakistani civilians affected by the conflict.
(2) <<NOTE: Determination.>> Waiver and reports.--
(A) The Secretary of State may waive the
certification requirement of paragraph (1) with respect
to funds appropriated or otherwise made available by
this Act under the headings ``Economic Support Fund''
and ``International Narcotics Control and Law
Enforcement'' for assistance for the Government of
Pakistan if the Secretary determines that to do so is
important to the national security interest of the
United States.
(B) The Secretary of State may waive the
certification requirement of paragraph (1) with respect
to 95 percent of the funds appropriated or otherwise
made available by this Act under the heading ``Foreign
Military Financing Program'' for assistance for the
Government of Pakistan if the Secretary determines that
to do so is important to the national security interest
of the United States: Provided,
That <<NOTE: Certification.>> funds withheld by
application of this subparagraph shall be withheld from
obligation until the Secretary submits to the Committees
on Appropriations the certification required by
paragraph (1).
(C) In exercising the authority of this paragraph,
the Secretary of State shall submit a report to the
Committees on Appropriations, in classified form if
necessary, on the justification for any waivers in
subparagraphs (A) and (B) and the reasons why any of the
requirements of paragraph (1) cannot be met.
(3) Assistance.--
(A) Funds appropriated by this Act under the heading
``Foreign Military Financing Program'' for assistance
for Pakistan may be made available only to support
counterterrorism and counterinsurgency capabilities in
Pakistan.
(B) Funds appropriated by this Act under the
headings ``Economic Support Fund'' and
``Nonproliferation, Anti-terrorism, Demining and Related
Programs'' that are available for assistance for
Pakistan shall be made available to interdict precursor
materials from Pakistan to Afghanistan that are used to
manufacture IEDs, including calcium ammonium nitrate; to
support programs to train border and
[[Page 131 STAT. 681]]
customs officials in Pakistan and Afghanistan; and for
agricultural extension programs that encourage
alternative fertilizer use among Pakistani farmers.
(C) Funds appropriated by this Act under the heading
``Economic Support Fund'' that are made available for
assistance for infrastructure projects in Pakistan shall
be implemented in a manner consistent with section
507(6) of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III
and IV for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for
section 620M of the Foreign Assistance Act of 1961.
(E) <<NOTE: Reports. Shakil Afridi.>> Of the funds
appropriated under titles III and IV of this Act that
are made available for assistance for Pakistan,
$33,000,000 shall be withheld from obligation until the
Secretary of State reports to the Committees on
Appropriations that Dr. Shakil Afridi has been released
from prison and cleared of all charges relating to the
assistance provided to the United States in locating
Osama bin Laden.
(4) <<NOTE: Applicability.>> Scholarships for women.--The
authority and directives of section 7044(d)(4) of the Department
of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113-235)
shall apply to funds appropriated by this Act that are made
available for assistance for Pakistan: Provided,
That <<NOTE: Consultation.>> prior to the obligation of funds
for such purposes, the USAID Administrator shall consult with
the Committees on Appropriations.
(5) Reports.--
(A)(i) <<NOTE: Spend plan.>> The spend plan
required by section 7076 of this Act for assistance for
Pakistan shall include achievable and sustainable goals,
benchmarks for measuring progress, and expected results
regarding combating poverty and furthering development
in Pakistan, countering terrorism and extremism, and
establishing conditions conducive to the rule of law and
transparent and accountable governance: Provided, That
not later than 6 months after submission of such spend
plan, and each 6 months thereafter until September 30,
2018, the Secretary of State shall submit a report to
the Committees on Appropriations on the status of
achieving the goals and benchmarks in such plan.
(ii) The Secretary of State should suspend
assistance for the Government of Pakistan if any report
required by clause (i) indicates that Pakistan is
failing to make measurable progress in meeting such
goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the costs and
objectives associated with significant infrastructure
projects supported by the United States in Pakistan, and
an assessment of the extent to which such projects
achieve such objectives.
(6) Oversight.--The Secretary of State shall take all
practicable steps to ensure that mechanisms are in place for
monitoring, oversight, and control of funds made available by
this subsection for assistance for Pakistan.
(d) Sri Lanka.--
[[Page 131 STAT. 682]]
(1) Bilateral economic assistance.--Funds appropriated by
this Act under the heading ``Economic Support Fund'' shall be
made available for assistance for Sri Lanka for democracy and
economic development programs, particularly in areas recovering
from ethnic and religious conflict: Provided, That such funds
shall be made available for programs to assist in the
identification and resolution of cases of missing persons.
(2) <<NOTE: Reports.>> Certification.--Funds appropriated
by this Act for assistance for the central Government of Sri
Lanka may be made available only if the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of Sri Lanka is taking steps to--
(A) repeal laws that do not comply with
international standards for arrest and detention, and to
ensure that any successor legislation meets such
standards;
(B) increase accountability and transparency in
governance;
(C) support a credible justice mechanism in
compliance with United Nations Human Rights Council
Resolution (A/HCR/30/L.29) of October, 2015; and
(D) return land in former conflict zones to former
owners or to compensate those whose land was confiscated
without due process, which are in addition to steps
taken during the previous calendar year.
(3) International security assistance.--Funds appropriated
under title IV of this Act that are available for assistance for
Sri Lanka shall be subject to the following conditions--
(A) not to exceed $500,000 under the heading
``Foreign Military Financing Program'' may only be made
available for programs to support humanitarian and
disaster response efforts; to redeploy out of former
conflict zones; and to restructure and reduce the size
of the Sri Lankan armed forces; and
(B) funds under the heading ``Peacekeeping
Operations'' may only be made available for training and
equipment related to international peacekeeping
operations.
(e) Regional Programs.--
(1) Cross border programs.--Funds appropriated by this Act
under the heading ``Economic Support Fund'' for assistance for
Afghanistan and Pakistan may be provided, notwithstanding any
other provision of law that restricts assistance to foreign
countries, for cross border stabilization and development
programs between Afghanistan and Pakistan, or between either
country and the Central Asian countries.
(2) Security and justice programs.--Funds appropriated by
this Act under the headings ``Economic Support Fund'',
``International Narcotics Control and Law Enforcement'', and
``Assistance for Europe, Eurasia and Central Asia'' that are
available for assistance for countries in South and Central Asia
shall be made available to enhance the recruitment, retention,
and professionalism of women in the judiciary, police, and other
security forces.
latin america and the caribbean
Sec. 7045. (a) Central America.--
[[Page 131 STAT. 683]]
(1) <<NOTE: Consultation. Deadline.>> Strategy review and
update.--The Secretary of State, in consultation with the heads
of other relevant United States Government agencies, shall
review the United States Strategy for Engagement in Central
America (the Strategy) and submit an updated Strategy to the
appropriate congressional committees not later than 90 days
after enactment of this Act: Provided, That such Strategy shall
address the key factors in countries in Central America that
contribute to the migration of undocumented Central Americans to
the United States: Provided further,
That <<NOTE: Determination.>> such Strategy should support
regional security and economic initiatives, including the Plan
of the Alliance for Prosperity in the Northern Triangle in
Central America (the Plan), to the extent the Secretary of State
determines such initiatives are consistent with the national
interest of the United States.
(2) Funding.--Subject to the requirements of this
subsection, of the funds appropriated under titles III and IV of
this Act, $655,000,000 should be made available for assistance
for countries in Central America to implement the United States
Strategy for Engagement in Central America: Provided further,
That such funds shall be made available to the maximum extent
practicable on a cost-matching basis.
(3) <<NOTE: Spend plan.>> Pre-obligation requirements.--
Prior to the obligation of funds made available pursuant to
paragraph (2) and following the submission of the Strategy as
required in paragraph (1), the Secretary of State shall submit
to the Committees on Appropriations a multi-year spend plan as
described under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act), including a description of how such
funds shall prioritize addressing the key factors in countries
in Central America that contribute to the migration of
undocumented Central Americans to the United States.
(4) Assistance for the central governments of el salvador,
guatemala, and honduras.--Of the funds made available pursuant
to paragraph (2) that are available for assistance for each of
the central governments of El Salvador, Guatemala, and Honduras,
the following amounts shall be withheld from obligation and may
only be made available as follows:
(A) <<NOTE: Certification. Reports. Human
trafficking. Immigration.>> 25 percent may only be
obligated after the Secretary of State certifies and
reports to the appropriate congressional committees that
such government is taking effective steps, which are in
addition to those steps taken since the certification
and report submitted during the prior year, if
applicable, to--
(i) inform its citizens of the dangers of the
journey to the southwest border of the United
States;
(ii) combat human smuggling and trafficking;
(iii) improve border security, including to
prevent illegal migration, human smuggling and
trafficking, and trafficking of illicit drugs and
other contraband; and
(iv) cooperate with United States Government
agencies and other governments in the region to
facilitate the return, repatriation, and
reintegration of illegal migrants arriving at the
southwest border of
[[Page 131 STAT. 684]]
the United States who do not qualify for asylum,
consistent with international law.
(B) <<NOTE: Certification. Reports.>> An additional
50 percent may only be obligated after the Secretary of
State certifies and reports to the appropriate
congressional committees that such government is taking
effective steps, which are in addition to those steps
taken since the certification and report submitted
during the prior year, if applicable, to--
(i) work cooperatively with an autonomous,
publicly accountable entity to provide oversight
of the Plan;
(ii) combat corruption, including
investigating and prosecuting current and former
government officials credibly alleged to be
corrupt;
(iii) implement reforms, policies, and
programs to improve transparency and strengthen
public institutions, including increasing the
capacity and independence of the judiciary and the
Office of the Attorney General;
(iv) implement a policy to ensure that local
communities, civil society organizations
(including indigenous and other marginalized
groups), and local governments are consulted in
the design, and participate in the implementation
and evaluation of, activities of the Plan that
affect such communities, organizations, and
governments;
(v) counter the activities of criminal gangs,
drug traffickers, and organized crime;
(vi) <<NOTE: Human rights.>> investigate and
prosecute in the civilian justice system
government personnel, including military and
police personnel, who are credibly alleged to have
violated human rights, and ensure that such
personnel are cooperating in such cases;
(vii) cooperate with commissions against
corruption and impunity and with regional human
rights entities;
(viii) support programs to reduce poverty,
expand education and vocational training for at-
risk youth, create jobs, and promote equitable
economic growth particularly in areas contributing
to large numbers of migrants;
(ix) <<NOTE: Plan.>> implement a plan that
includes goals, benchmarks and timelines to create
a professional, accountable civilian police force
and end the role of the military in internal
policing, and make such plan available to the
Department of State;
(x) protect the right of political opposition
parties, journalists, trade unionists, human
rights defenders, and other civil society
activists to operate without interference;
(xi) increase government revenues, including
by implementing tax reforms and strengthening
customs agencies; and
(xii) resolve commercial disputes, including
the confiscation of real property, between United
States entities and such government.
(5) <<NOTE: Determination.>> Suspension of assistance and
periodic review.--
[[Page 131 STAT. 685]]
(A) The Secretary of State shall periodically review
the progress of each of the central governments of El
Salvador, Guatemala, and Honduras in meeting the
requirements of paragraphs (4)(A) and (4)(B): Provided,
That <<NOTE: Notification.>> if the Secretary
determines that sufficient progress has not been made by
a central government, the Secretary shall suspend, in
whole or in part, assistance for such government for
programs supporting such requirement, and shall notify
the appropriate congressional committees in writing of
such action: Provided further,
That <<NOTE: Certification.>> the Secretary may resume
funding for such programs only after the Secretary
certifies to such committees that corrective measures
have been taken.
(B) <<NOTE: Reports.>> The Secretary of State
shall, following a change of national government in El
Salvador, Guatemala, or Honduras, determine and report
to the appropriate congressional committees that any new
government has committed to take the steps to meet the
requirements of paragraphs (4)(A) and (4)(B): Provided,
That if the Secretary is unable to make such a
determination in a timely manner, assistance made
available under this subsection for such central
government shall be suspended, in whole or in part,
until such time as such determination and report can be
made.
(6) <<NOTE: Consultation.>> Transfer of funds.--The
Department of State and USAID may, following consultation with
the Committees on Appropriations, transfer funds made available
by this Act under the heading ``Development Assistance'' to the
Inter-American Development Bank and the Inter-American
Foundation to support the Strategy.
(b) Colombia.--
(1) Assistance.--Of the funds appropriated by this Act under
titles III and IV, not less than $391,253,000 shall be made
available for assistance for Colombia, including to support the
efforts of the Government of Colombia to--
(A) conduct a unified campaign against narcotics
trafficking, organizations designated as foreign
terrorist organizations pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189), and
other criminal or illegal armed groups: Provided, That
aircraft supported by funds made available by this Act
and prior Acts making appropriations for the Department
of State, foreign operations, and related programs may
be used to transport personnel and supplies involved in
drug eradication and interdiction, including security
for such activities, and to provide transport in support
of alternative development programs and investigations
by civilian judicial authorities;
(B) enhance security and stability in Colombia and
the region;
(C) strengthen and expand governance, the rule of
law, and access to justice throughout Colombia;
(D) promote economic and social development,
including by improving access to areas impacted by
conflict through demining programs; and
(E) implement a peace agreement between the
Government of Colombia and illegal armed groups, in
accordance with constitutional and legal requirements in
Colombia:
[[Page 131 STAT. 686]]
Provided, That <<NOTE: Consultation. Notification.>> such
funds shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on
Appropriations.
(2) Limitation.--None of the funds appropriated by this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are made available
for assistance for Colombia may be made available for payment of
reparations to conflict victims or compensation to demobilized
combatants associated with a peace agreement between the
Government of Colombia and illegal armed groups.
(3) <<NOTE: Consultation. Plan.>> Pre-obligation
requirements.--Prior to the initial obligation of funds made
available pursuant to paragraph (1), the Secretary of State, in
consultation with the USAID Administrator, shall submit to the
Committees on Appropriations a multi-year spend plan as
described under section 7045 in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act).
(4) Refugees.--Funds made available by this Act under the
heading ``Economic Support Fund'' for assistance for Colombia
shall be apportioned directly to USAID, except that not less
than $7,000,000 of such funds shall be transferred to, and
merged with, funds appropriated by this Act under the heading
``Migration and Refugee Assistance'' for assistance for
Colombian refugees in neighboring countries.
(5) Counternarcotics.--Of the funds made available by this
Act under the heading ``International Narcotics Control and Law
Enforcement'' for assistance for Colombia, 20 percent may be
obligated only in accordance with the conditions set forth under
section 7045 in the explanatory statement described in section 4
(in the matter preceding division A of this Consolidated Act).
(6) Human rights.--Of the funds made available by this Act
under the heading ``Foreign Military Financing Program'' for
assistance for Colombia, 20 percent may be obligated only in
accordance with the conditions set forth under section 7045 in
the explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act).
(7) Exceptions.--The limitations of paragraphs (5) and (6)
shall not apply to funds made available for aviation instruction
and maintenance, and maritime and riverine security programs.
(c) Haiti.--
(1) Funding.--Of the funds appropriated by this Act under
the headings ``Development Assistance'' and ``Economic Support
Fund'', not more than $45,000,000 may be made available for
assistance for Haiti: Provided, That the funding limitation of
this paragraph may be exceeded for food security and global
health programs.
(2) <<NOTE: Reports.>> Certification.--Funds appropriated
by this Act under the headings ``Development Assistance'' and
``Economic Support Fund'' that are made available for assistance
for Haiti may not be made available for assistance for the
central Government of Haiti unless the Secretary of State
certifies and reports to the Committees on Appropriations that
such government is taking effective steps, which are in addition
to steps taken
[[Page 131 STAT. 687]]
since the certification and report submitted during the prior
year, if applicable, to--
(A) strengthen the rule of law in Haiti, including
by--
(i) selecting judges in a transparent manner
based on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the
judiciary; and
(iv) improving governance by implementing
reforms to increase transparency and
accountability, including through the penal and
criminal codes;
(B) combat corruption, including by implementing the
anti-corruption law enacted in 2014 and prosecuting
corrupt officials;
(C) increase government revenues, including by
implementing tax reforms, and increase expenditures on
public services; and
(D) resolve commercial disputes between United
States entities and the Government of Haiti.
(3) Haitian coast guard.--The Government of Haiti shall be
eligible to purchase defense articles and services under the
Arms Export Control Act (22 U.S.C. 2751 et seq.) for the Coast
Guard.
europe and eurasia
Sec. 7046. (a) Assistance for Ukraine.--Of the funds appropriated by
this Act under titles III and IV, not less than $410,465,000 shall be
made available for assistance for Ukraine.
(b) Limitation.--None of the funds appropriated by this Act may be
made available for assistance for a government of an Independent State
of the former Soviet Union if such government directs any action in
violation of the territorial integrity or national sovereignty of any
other Independent State of the former Soviet Union, such as those
violations included in the Helsinki Final
Act: <<NOTE: President. Determination.>> Provided, That except as
otherwise provided in section 7070(a) of this Act, funds may be made
available without regard to the restriction in this subsection if the
President determines that to do so is in the national security interest
of the United States: Provided further, That <<NOTE: Consultation.>>
prior to executing the authority contained in the previous proviso the
Secretary of State shall consult with the Committees on Appropriations
on how such assistance supports the national security interest of the
United States.
(c) Section 907 of the Freedom Support Act.--Section 907 of the
FREEDOM Support Act shall not apply to--
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of the
Defense Against Weapons of Mass Destruction Act of 1996 (50
U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of 1961
(22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within his or
her official capacity;
(4) any insurance, reinsurance, guarantee, or other
assistance provided by the Overseas Private Investment
Corporation
[[Page 131 STAT. 688]]
under title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank Act
of 1945; or
(6) humanitarian assistance.
war crimes tribunals
Sec. 7047. If <<NOTE: President. Determination.>> the President
determines that doing so will contribute to a just resolution of charges
regarding genocide or other violations of international humanitarian
law, the President may direct a drawdown pursuant to section 552(c) of
the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities
and services for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security Council
or such other tribunals or commissions as the Council may establish or
authorize to deal with such violations, without regard to the ceiling
limitation contained in paragraph (2) thereof: Provided, That the
determination required under this section shall be in lieu of any
determinations otherwise required under section 552(c): Provided
further, That <<NOTE: Notification.>> funds made available pursuant to
this section shall be made available subject to the regular notification
procedures of the Committees on Appropriations.
united nations
Sec. 7048. (a) <<NOTE: Reports.>> Transparency and
Accountability.--
(1) Of the funds appropriated under title I and under the
heading ``International Organizations and Programs'' in title V
of this Act that are available for contributions to the United
Nations (including the Department of Peacekeeping Operations),
any United Nations agency, or the Organization of American
States, 15 percent may not be obligated for such organization,
department, or agency until the Secretary of State reports to
the Committees on Appropriations that the organization,
department, or agency is--
(A) <<NOTE: Web posting.>> posting on a publicly
available Web site, consistent with privacy regulations
and due process, regular financial and programmatic
audits of such organization, department, or agency, and
providing the United States Government with necessary
access to such financial and performance audits; and
(B) effectively implementing and enforcing policies
and procedures which reflect best practices for the
protection of whistleblowers from retaliation, including
best practices for--
(i) protection against retaliation for
internal and lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting
retaliation;
(iv) access to independent adjudicative
bodies, including external arbitration; and
(v) results that eliminate the effects of
proven retaliation.
(2) <<NOTE: Waiver authority. Determination.>> The
restrictions imposed by or pursuant to paragraph (1) may be
waived on a case-by-case basis if the Secretary
[[Page 131 STAT. 689]]
of State determines and reports to the Committees on
Appropriations that such waiver is necessary to avert or respond
to a humanitarian crisis.
(b) Restrictions on United Nations Delegations and Organizations.--
(1) None of the funds made available by this Act may be used
to pay expenses for any United States delegation to any
specialized agency, body, or commission of the United Nations if
such agency, body, or commission is chaired or presided over by
a country, the government of which the Secretary of State has
determined, for purposes of section 6(j)(1) of the Export
Administration Act of 1979 as continued in effect pursuant to
the International Emergency Economic Powers Act (50 U.S.C. App.
2405(j)(1)), supports international terrorism.
(2) None of the funds made available by this Act may be used
by the Secretary of State as a contribution to any organization,
agency, commission, or program within the United Nations system
if such organization, agency, commission, or program is chaired
or presided over by a country the government of which the
Secretary of State has determined, for purposes of section 620A
of the Foreign Assistance Act of 1961, section 40 of the Arms
Export Control Act, section 6(j)(1) of the Export Administration
Act of 1979, or any other provision of law, is a government that
has repeatedly provided support for acts of international
terrorism.
(3) <<NOTE: Waiver authority. Determination.>> The
Secretary of State may waive the restriction in this subsection
if the Secretary determines and reports to the Committees on
Appropriations that to do so is in the national interest of the
United States, including a description of the national interest
served.
(c) <<NOTE: Determination. Israel.>> United Nations Human Rights
Council.--None of the funds appropriated by this Act may be made
available in support of the United Nations Human Rights Council unless
the Secretary of State determines and reports to the Committees on
Appropriations that participation in the Council is important to the
national interest of the United States and that the Council is taking
significant steps to remove Israel as a permanent agenda item:
Provided, That such report shall include a description of the national
interest served and the steps taken to remove Israel as a permanent
agenda item: Provided further, That <<NOTE: Time period.>> the
Secretary of State shall report to the Committees on Appropriations not
later than September 30, 2017, on the resolutions considered in the
United Nations Human Rights Council during the previous 12 months, and
on steps taken to remove Israel as a permanent agenda item.
(d) United Nations Relief and Works Agency.--Prior to the initial
obligation of funds for the United Nations Relief and Works Agency
(UNRWA), and not later than 45 days after enactment of this Act, the
Secretary of State shall submit a report in writing to the Committees on
Appropriations on whether UNRWA is--
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA
installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on
neutrality and impartiality of employees) and the legal
requirements under section 301(c) of the Foreign Assistance Act
of 1961;
[[Page 131 STAT. 690]]
(3) implementing procedures to maintain the neutrality of
its facilities, including implementing a no-weapons policy, and
conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate
purposes;
(4) taking necessary and appropriate measures to ensure it
is operating in compliance with the conditions of section 301(c)
of the Foreign Assistance Act of 1961 and continuing regular
reporting to the Department of State on actions it has taken to
ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools and
summer camps is consistent with the values of human rights,
dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of the
organization; and
(7) in compliance with the United Nations Board of Auditors'
biennial audit requirements and is implementing in a timely
fashion the Board's recommendations.
(e) Prohibition of Payments to United Nations Members.--None of the
funds appropriated or made available pursuant to titles III through VI
of this Act for carrying out the Foreign Assistance Act of 1961, may be
used to pay in whole or in part any assessments, arrearages, or dues of
any member of the United Nations or, from funds appropriated by this Act
to carry out chapter 1 of part I of the Foreign Assistance Act of 1961,
the costs for participation of another country's delegation at
international conferences held under the auspices of multilateral or
international organizations.
(f) United Nations Capital Projects.--None of the funds made
available by this Act may be used for the design, renovation, or
construction of the United Nations Headquarters in New York: Provided,
That any operating plan submitted pursuant to this Act for funds made
available under the heading ``Contributions to International
Organizations'' shall include information on capital projects, as
described under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this Consolidated Act).
(g) Withholding Report.--Not later than 45 days after enactment of
this Act, the Secretary of State shall submit a report to the Committees
on Appropriations detailing the amount of funds available for obligation
or expenditure in fiscal year 2017 for contributions to any
organization, department, agency, or program within the United Nations
system or any international program that are withheld from obligation or
expenditure due to any provision of law: Provided, That the Secretary
of State shall update such report each time additional funds are
withheld by operation of any provision of law: Provided further,
That <<NOTE: Consultation. Notification.>> the reprogramming of any
withheld funds identified in such report, including updates thereof,
shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(h) Sexual Exploitation and Abuse in Peacekeeping Operations.--
(1) Funds appropriated by this Act shall be made available
to implement section 301 of the Department of State Authorities
[[Page 131 STAT. 691]]
Act, Fiscal Year 2017 (Public Law 114-323): Provided, That the
elements and objectives of subsection (c) of such section shall
include the adoption of a United Nations policy requiring the
mandatory repatriation from a United Nations peacekeeping
operation of any personnel credibly alleged to have engaged in
sexual exploitation or abuse, and a prohibition on the
participation in such peacekeeping operations of personnel from
any country the government of which is unwilling or unable to
carry out its criminal or disciplinary responsibilities with
respect to personnel credibly alleged to have engaged in sexual
exploitation or abuse.
(2) <<NOTE: Determination.>> The Secretary of State should
withhold assistance to any unit of the security forces of a
foreign country if the Secretary has credible information that
such unit has engaged in sexual exploitation or abuse, including
while serving in a United Nations peacekeeping operation, until
the Secretary determines that the government of such country is
taking effective steps to bring the responsible members of such
unit to justice and to prevent future incidents: Provided,
That <<NOTE: Notifications.>> the Secretary shall promptly
notify the government of each country subject to any withholding
of assistance pursuant to this paragraph, and shall notify the
appropriate congressional committees of such withholding not
later than 10 days after a determination to withhold such
assistance is made: Provided further, That the Secretary shall,
to the maximum extent practicable, assist such government in
bringing the responsible members of such unit to justice.
(i) Additional Availability.--Funds appropriated under title I of
this Act which are returned or not made available due to the
implementation of subsection (a) or the second proviso under the heading
``Contributions for International Peacekeeping Activities'' of such
title shall remain available for obligation until September 30, 2018.
(j) Report on Arrears.--Not later than 30 days after enactment of
this Act, and updated every 90 days thereafter until September 30, 2018,
the Secretary of State shall submit a report to the appropriate
congressional committees detailing--
(1) a description of the treaty or other obligation of the
United States to pay assessed contributions at specified rates
for the United Nations and other international organizations by
organization or entity;
(2) a description of relevant United States laws regarding
such assessed rates and contributions;
(3) a description of, and justification for, any deviation
from payment of such assessed rates and contributions, to
include the cumulative amount of arrears owed, or anticipated to
be owed, by the United States to any organization or entity as a
result of such deviation;
(4) a specific plan for payment of such arrears;
(5) <<NOTE: Analysis.>> an analysis of when the amount of
arrears owed by the United States may trigger Article 19 of the
United Nations Charter or similar provision in a treaty,
convention or charter governing participation in an
international organization, resulting in the loss of a vote by
the United States in the United Nations General Assembly or
other governing body of an international organization; and
[[Page 131 STAT. 692]]
(6) <<NOTE: Analysis.>> an analysis of the impact to the
national interest of the United States in international
organizations, including the United Nations, as a result of
arrears owed, if any, including with respect to the loss of
influence within such organizations.
community-based police assistance
Sec. 7049. (a) Authority.--Funds made available by titles III and IV
of this Act to carry out the provisions of chapter 1 of part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of 1961, may
be used, notwithstanding section 660 of that Act, to enhance the
effectiveness and accountability of civilian police authority through
training and technical assistance in human rights, the rule of law,
anti-corruption, strategic planning, and through assistance to foster
civilian police roles that support democratic governance, including
assistance for programs to prevent conflict, respond to disasters,
address gender-based violence, and foster improved police relations with
the communities they serve.
(b) Notification.--Assistance provided under subsection (a) shall be
subject to the regular notification procedures of the Committees on
Appropriations.
disability programs
Sec. 7050. (a) Assistance.--Funds appropriated by this Act under the
heading ``Economic Support Fund'' shall be made available for programs
and activities administered by the United States Agency for
International Development to address the needs and protect and promote
the rights of people with disabilities in developing countries,
including initiatives that focus on independent living, economic self-
sufficiency, advocacy, education, employment, transportation, sports,
and integration of individuals with disabilities, including for the cost
of translation.
(b) Management, Oversight, and Technical Support.--Of the funds made
available pursuant to this section, 5 percent may be used for USAID for
management, oversight, and technical support.
international conferences
Sec. 7051. None <<NOTE: Reports. Time period.>> of the funds made
available in this Act may be used to send or otherwise pay for the
attendance of more than 50 employees of agencies or departments of the
United States Government who are stationed in the United States, at any
single international conference occurring outside the United States,
unless the Secretary of State reports to the Committees on
Appropriations at least 5 days in advance that such attendance is
important to the national interest: Provided,
That <<NOTE: Definition.>> for purposes of this section the term
``international conference'' shall mean a conference attended by
representatives of the United States Government and of foreign
governments, international organizations, or nongovernmental
organizations.
aircraft transfer, coordination, and use
Sec. 7052. (a) Transfer Authority.--Notwithstanding any other
provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
[[Page 131 STAT. 693]]
for the Department of State, foreign operations, and related programs
under the headings ``Diplomatic and Consular Programs'', ``International
Narcotics Control and Law Enforcement'', ``Andean Counterdrug
Initiative'', and ``Andean Counterdrug Programs'' may be used for any
other program and in any region, including for the transportation of
active and standby Civilian Response Corps personnel and equipment
during a deployment: Provided, That the responsibility for policy
decisions and justification for the use of such transfer authority shall
be the responsibility of the Secretary of State and the Deputy Secretary
of State and this responsibility shall not be delegated.
(b) <<NOTE: Applicability. Determination. Reports.>> Property
Disposal.--The authority provided in subsection (a) shall apply only
after the Secretary of State determines and reports to the Committees on
Appropriations that the equipment is no longer required to meet
programmatic purposes in the designated country or region: Provided,
That <<NOTE: Consultation. Notification.>> any such transfer shall be
subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) Aircraft Coordination.--
(1) The uses of aircraft purchased or leased by the
Department of State and the United States Agency for
International Development with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs shall be coordinated
under the authority of the appropriate Chief of Mission:
Provided, That such aircraft may be used to transport, on a
reimbursable or non-reimbursable basis, Federal and non-Federal
personnel supporting Department of State and USAID programs and
activities: Provided further, That official travel for other
agencies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State for the use of aircraft owned, leased, or
chartered by the Department of State may be credited to the
Working Capital Fund of the Department and shall be available
for expenses related to the purchase, lease, maintenance,
chartering, or operation of such aircraft.
(2) <<NOTE: Applicability.>> The requirement and
authorities of this subsection shall only apply to aircraft, the
primary purpose of which is the transportation of personnel.
(d) Aircraft Operations and Maintenance.--To the maximum extent
practicable, the costs of operations and maintenance, including fuel, of
aircraft funded by this Act shall be borne by the recipient country.
parking fines and real property taxes owed by foreign governments
Sec. 7053. The <<NOTE: Applicability.>> terms and conditions of
section 7055 of the Department of State, Foreign Operations, and Related
Programs Appropriations Act, 2011 (division F of Public Law 111-117)
shall apply to this Act: Provided, That the date ``September 30, 2009''
in subsection (f)(2)(B) of such section shall be deemed to be
``September 30, 2016''.
[[Page 131 STAT. 694]]
landmines and cluster munitions
Sec. 7054. (a) Landmines.--Notwithstanding any other provision of
law, demining equipment available to the United States Agency for
International Development and the Department of State and used in
support of the clearance of landmines and unexploded ordnance for
humanitarian purposes may be disposed of on a grant basis in foreign
countries, subject to such terms and conditions as the Secretary of
State may prescribe.
(b) Cluster Munitions.--No military assistance shall be furnished
for cluster munitions, no defense export license for cluster munitions
may be issued, and no cluster munitions or cluster munitions technology
shall be sold or transferred, unless--
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance across
the range of intended operational environments, and the
agreement applicable to the assistance, transfer, or sale of
such cluster munitions or cluster munitions technology specifies
that the cluster munitions will only be used against clearly
defined military targets and will not be used where civilians
are known to be present or in areas normally inhabited by
civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
prohibition on publicity or propaganda
Sec. 7055. No part of any appropriation contained in this Act shall
be used for publicity or propaganda purposes within the United States
not authorized before the date of the enactment of this Act by Congress:
Provided, That not to exceed $25,000 may be made available to carry out
the provisions of section 316 of the International Security and
Development Cooperation Act of 1980 (Public Law 96-533).
continuous supervision and general direction of economic and military
assistance
Sec. 7056. (a) <<NOTE: President.>> Under the direction of the
President, the Secretary of State shall be responsible for the
continuous supervision and general direction of economic assistance, law
enforcement and justice sector assistance, military assistance, and
military education and training programs, including but not limited to
determining whether there shall be a military assistance (including
civic action) or a military education and training program for a country
and the value thereof, to the end that such programs are effectively
integrated both at home and abroad and the foreign policy of the United
States is best served thereby.
(b) <<NOTE: Coordination.>> Consistent with section 481(b) of the
Foreign Assistance Act of 1961, the Secretary of State shall be
responsible for coordinating all assistance provided by the United
States Government to support international efforts to combat illicit
narcotics production or trafficking: Provided, That the provision of
assistance by the Department of Defense which is comparable to
assistance that may be made available by this Act under the heading
``International Narcotics Control and Law Enforcement'' shall be
provided in a manner consistent with the requirements of section 333(b)
of title
[[Page 131 STAT. 695]]
10, United States Code, as added by section 1241 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328).
united states agency for international development management
Sec. 7057. (a) <<NOTE: 22 USC 3948 note.>> Authority.--Up to
$93,000,000 of the funds made available in title III of this Act
pursuant to or to carry out the provisions of part I of the Foreign
Assistance Act of 1961, including funds appropriated under the heading
``Assistance for Europe, Eurasia and Central Asia'', may be used by the
United States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment
basis pursuant to the authority of sections 308 and 309 of the Foreign
Service Act of 1980.
(b) Restrictions.--
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) <<NOTE: Expiration date.>> The authority to hire
individuals contained in subsection (a) shall expire on
September 30, 2018.
(c) Conditions.--The authority of subsection (a) should only be used
to the extent that an equivalent number of positions that are filled by
personal services contractors or other non-direct hire employees of
USAID, who are compensated with funds appropriated to carry out part I
of the Foreign Assistance Act of 1961, including funds appropriated
under the heading ``Assistance for Europe, Eurasia and Central Asia'',
are eliminated.
(d) Program Account Charged.--The account charged for the cost of an
individual hired and employed under the authority of this section shall
be the account to which the responsibilities of such individual
primarily relate: Provided, That funds made available to carry out this
section may be transferred to, and merged with, funds appropriated by
this Act in title II under the heading ``Operating Expenses''.
(e) <<NOTE: Time period.>> Foreign Service Limited Extensions.--
Individuals hired and employed by USAID, with funds made available in
this Act or prior Acts making appropriations for the Department of
State, foreign operations, and related programs, pursuant to the
authority of section 309 of the Foreign Service Act of 1980, may be
extended for a period of up to 4 years notwithstanding the limitation
set forth in such section.
(f) <<NOTE: Notification.>> Disaster Surge Capacity.--Funds
appropriated under title III of this Act to carry out part I of the
Foreign Assistance Act of 1961, including funds appropriated under the
heading ``Assistance for Europe, Eurasia and Central Asia'', may be
used, in addition to funds otherwise available for such purposes, for
the cost (including the support costs) of individuals detailed to or
employed by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject to the
regular notification procedures of the Committees on Appropriations.
(g) Personal Services Contractors.--Funds appropriated by this Act
to carry out chapter 1 of part I, chapter 4 of part II, and section 667
of the Foreign Assistance Act of 1961, and title II of the Food for
Peace Act (Public Law 83-480), may be used
[[Page 131 STAT. 696]]
by USAID to employ up to 40 personal services contractors in the United
States, notwithstanding any other provision of law, for the purpose of
providing direct, interim support for new or expanded overseas programs
and activities managed by the agency until permanent direct hire
personnel are hired and trained: Provided, That not more than 15 of
such contractors shall be assigned to any bureau or office: Provided
further, That such funds appropriated to carry out title II of the Food
for Peace Act (Public Law 83-480), may be made available only for
personal services contractors assigned to the Office of Food for Peace.
(h) Small Business.--In entering into multiple award indefinite-
quantity contracts with funds appropriated by this Act, USAID may
provide an exception to the fair opportunity process for placing task
orders under such contracts when the order is placed with any category
of small or small disadvantaged business.
(i) Senior Foreign Service Limited Appointments.--Individuals hired
pursuant to the authority provided by section 7059(o) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2011 (division F of Public Law 111-117) may be assigned to or support
programs in Afghanistan or Pakistan with funds made available in this
Act and prior Acts making appropriations for the Department of State,
foreign operations, and related programs.
global health activities
Sec. 7058. (a) In General.--Funds appropriated by titles III and IV
of this Act that are made available for bilateral assistance for child
survival activities or disease programs including activities relating to
research on, and the prevention, treatment and control of, HIV/AIDS may
be made available notwithstanding any other provision of law except for
provisions under the heading ``Global Health Programs'' and the United
States Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (117 Stat. 711; 22 U.S.C. 7601 et seq.), as amended: Provided,
That of the funds appropriated under title III of this Act, not less
than $575,000,000 should be made available for family planning/
reproductive health, including in areas where population growth
threatens biodiversity or endangered species.
(b) <<NOTE: Determination. Reports.>> Global Fund.--Of the funds
appropriated by this Act that are available for a contribution to the
Global Fund to Fight AIDS, Tuberculosis and Malaria (Global Fund), 10
percent should be withheld from obligation until the Secretary of State
determines and reports to the Committees on Appropriations that the
Global Fund is--
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public Web
site;
(2) providing sufficient resources to maintain an
independent OIG that--
(A) reports directly to the Board of the Global
Fund;
(B) maintains a mandate to conduct thorough
investigations and programmatic audits, free from undue
interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
[[Page 131 STAT. 697]]
aspects of the Global Fund, its grantees, recipients,
sub-recipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for--
(A) protection against retaliation for internal and
lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting
retaliation;
(D) access to independent adjudicative bodies,
including external arbitration; and
(E) results that eliminate the effects of proven
retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of the
Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds that
are withheld from the Global Fund in fiscal year 2017 pursuant to the
application of any other provision contained in this or any other Act.
(c) Contagious Infectious Disease Outbreaks.--
(1) Emergency reserve fund.--Of the funds appropriated by
this Act under the heading ``Global Health Programs'',
$70,000,000 shall be made available for an Emergency Reserve
Fund to address emerging health threats, and shall remain
available until expended: Provided, That such funds shall be in
addition to funds otherwise available for such purposes, and may
be transferred to, and merged with, funds appropriated by this
Act under the heading ``International Disaster Assistance'' for
the purposes of this paragraph: Provided further,
That <<NOTE: Determination. Reports.>> such funds may only be
made available if the Secretary of State determines and reports
to the Committees on Appropriations that it is in the national
interest to respond to an emerging health threat that poses
severe threats to human health.
(2) Extraordinary measures.--If the Secretary of State
determines and reports to the Committees on Appropriations that
an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency of
International Concern, funds appropriated by this Act under the
headings ``Global Health Programs'', ``Development Assistance'',
``International Disaster Assistance'', ``Complex Crises Fund'',
``Economic Support Fund'', ``Democracy Fund'', ``Assistance for
Europe, Eurasia and Central Asia'', ``Migration and Refugee
Assistance'', and ``Millennium Challenge Corporation'' may be
made available to combat such infectious disease or public
health emergency, and may be transferred to, and merged with,
funds appropriated under such headings for the purposes of this
paragraph.
(3) <<NOTE: Consultation. Notification.>> Oversight of
funds.--Funds made available by this subsection shall be subject
to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
[[Page 131 STAT. 698]]
gender equality
Sec. 7059. (a) Gender Equality.--Funds appropriated by this Act
shall be made available to promote gender equality in United States
Government diplomatic and development efforts by raising the status,
increasing the participation, and protecting the rights of women and
girls worldwide.
(b) Women's Leadership.--Of the funds appropriated by title III of
this Act, not less than $50,000,000 shall be made available to increase
leadership opportunities for women in countries where women and girls
suffer discrimination due to law, policy, or practice, by strengthening
protections for women's political status, expanding women's
participation in political parties and elections, and increasing women's
opportunities for leadership positions in the public and private sectors
at the local, provincial, and national levels.
(c) Gender-Based Violence.--
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available to
implement a multi-year strategy to prevent and respond to
gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act that
are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall
promote the integration of women into the police and other
security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of gender-based
violence, including child marriage, rape, female genital cutting
and mutilation, and domestic violence, among other forms of
gender-based violence in conflict and non-conflict settings.
(d) Women, Peace, and Security.--Funds appropriated by this Act
under the headings ``Development Assistance'', ``Economic Support
Fund'', ``Assistance for Europe, Eurasia and Central Asia'', and
``International Narcotics Control and Law Enforcement'' should be made
available to support a multi-year strategy to expand, and improve
coordination of, United States Government efforts to empower women as
equal partners in conflict prevention, peace building, transitional
processes, and reconstruction efforts in countries affected by conflict
or in political transition, and to ensure the equitable provision of
relief and recovery assistance to women and girls.
(e) Women and Girls at Risk From Extremism.--
(1) Assistance.--Of the funds appropriated by this Act under
the heading ``Economic Support Fund'', not less than $15,000,000
shall be made available to support women and girls who are at
risk from extremism and conflict, and for activities to--
(A) empower women and girls to counter extremism;
(B) address the needs of women and girls adversely
impacted by extremism and conflict;
[[Page 131 STAT. 699]]
(C) document crimes committed by extremists against
women and girls, and support investigations and
prosecutions of such crimes, as appropriate;
(D) increase the participation and influence of
women in formal and informal political processes and
institutions at the local level and within traditional
governing structures;
(E) support reconciliation programs between impacted
minority, religious, and ethnic groups and the broader
community;
(F) develop and implement legal reforms and
protections for women and girls at the national and
local government levels; and
(G) create and sustain networks for women and girls
to collectively safeguard their rights on a regional
basis.
(2) <<NOTE: Deadline. Consultation.>> Strategy
requirement.--Not later than 90 days after enactment of this
Act, the Secretary of State, in consultation with the USAID
Administrator, shall submit a comprehensive, inter-agency
strategy to support women and girls who are at risk from
extremism and conflict, including a description of monitoring
and evaluation protocols.
(3) Clarification and notification.--Funds made available
pursuant to paragraph (1)--
(A) are in addition to amounts otherwise available
by this Act for such purposes; and
(B) <<NOTE: Consultation.>> shall be made available
following consultation with, and subject to the regular
notification procedures of, the Committees on
Appropriations.
sector allocations
Sec. 7060. (a) Basic Education and Higher Education.--
(1) Basic education.--
(A) Of the funds appropriated under title III of
this Act, not less than $800,000,000 shall be made
available for assistance for basic education, and such
funds may be made available notwithstanding any other
provision of law that restricts assistance to foreign
countries: Provided, That such funds should be used to
implement the objectives of basic education programs for
each Country Development Cooperation Strategy or similar
strategy regarding basic education established by the
United States Agency for International Development:
Provided further, That such funds may also be used for
secondary education activities: Provided further,
That <<NOTE: Consultation.>> the USAID Administrator,
following consultation with the Committees on
Appropriations, may reprogram such funds between
countries.
(B) <<NOTE: Deadline. Reports.>> Not later than 30
days after enactment of this Act, the USAID
Administrator shall report to the Committees on
Appropriations on the status of cumulative unobligated
balances and obligated, but unexpended, balances in each
country where USAID provides basic education assistance
and such report shall also include details on the types
of contracts and grants provided and the goals and
objectives of such assistance: Provided,
That <<NOTE: Termination date.>> the USAID
Administrator shall update such report on a quarterly
basis until September 30, 2018: Provided further,
[[Page 131 STAT. 700]]
That <<NOTE: Determination.>> if the USAID
Administrator determines that any unobligated balances
of funds specifically designated for assistance for
basic education in prior Acts making appropriations for
the Department of State, foreign operations, and related
programs are in excess of the absorptive capacity of
recipient countries, such funds may be made available
for other programs authorized under chapter 1 of part I
of the Foreign Assistance Act of 1961, notwithstanding
such funding
designation: <<NOTE: Consultation. Notification.>>
Provided further, That the authority of the previous
proviso shall be subject to prior consultation with, and
the regular notification procedures of, the Committees
on Appropriations.
(C) Of the funds appropriated under title III of
this Act for assistance for basic education programs,
not less than $75,000,000 shall be made available for a
contribution to multilateral partnerships that support
education.
(2) Higher education.--Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made
available for assistance for higher education, including not
less than $35,000,000 for new and ongoing partnerships for human
and institutional capacity building between higher education
institutions in the United States and developing countries:
Provided, That <<NOTE: Notification.>> such funds may be made
available notwithstanding any other provision of law that
restricts assistance to foreign countries, and shall be subject
to the regular notification procedures of the Committees on
Appropriations.
(b) Development Programs.--Of the funds appropriated by this Act
under the heading ``Development Assistance'', not less than $26,000,000
shall be made available for the American Schools and Hospitals Abroad
program, and not less than $12,000,000 shall be made available for
cooperative development programs of USAID.
(c) Environment Programs.--
(1) Authority and notification requirement.--
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, except
for the provisions of this subsection, to support
environment programs.
(B) No funds are appropriated or otherwise made
available by this Act for a contribution, grant, or
other payment to the Green Climate Fund.
(C) Funds made available pursuant to this subsection
shall be subject to the regular notification procedures
of the Committees on Appropriations.
(2) Conservation programs and limitations.--
(A) Of the funds appropriated under title III of
this Act, not less than $265,000,000 shall be made
available for biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds
appropriated under titles III and IV of this Act shall
be made available to combat the transnational threat of
wildlife poaching and trafficking.
(C) None of the funds appropriated under title IV of
this Act may be made available for training or other
assistance for any military unit or personnel that the
Secretary of State determines has been credibly alleged
to have
[[Page 131 STAT. 701]]
participated in wildlife poaching or trafficking, unless
the Secretary reports to the Committees on
Appropriations that to do so is in the national security
interest of the United States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale
extractive activity into areas that were primary/intact
tropical forests as of December 30, 2013, and the
Secretary of the Treasury shall instruct the United
States executive directors of each international
financial institutions (IFI) to vote against any
financing of any such activity.
(3) Large dams.--The Secretary of the Treasury shall
instruct the United States executive director of each IFI that
it is the policy of the United States to vote in relation to any
loan, grant, strategy, or policy of such institution to support
the construction of any large dam consistent with the criteria
set forth in Senate Report 114-79, while also considering
whether the project involves important foreign policy
objectives.
(4) Sustainable landscapes.--Of the funds appropriated under
title III of this Act, not less than $123,500,000 shall be made
available for sustainable landscapes programs.
(d) Food Security and Agricultural Development.--Of the funds
appropriated by title III of this Act, not less than $1,000,600,000
should be made available for food security and agricultural development
programs, of which not less than $50,000,000 shall be made available for
the Feed the Future Innovation Labs: Provided, That such funds may be
made available for a United States contribution to the endowment of the
Global Crop Diversity Trust.
(e) Microenterprise and Microfinance.--Of the funds appropriated by
this Act, not less than $265,000,000 should be made available for
microenterprise and microfinance development programs for the poor,
especially women.
(f) Programs To Combat Trafficking in Persons and Modern Slavery.--
(1) Trafficking in persons.--Of the funds appropriated by
this Act under the headings ``Development Assistance'',
``Economic Support Fund'', ``Assistance for Europe, Eurasia and
Central Asia'', and ``International Narcotics Control and Law
Enforcement'', not less than $64,800,000 shall be made available
for activities to combat trafficking in persons internationally,
of which not less than $40,000,000 shall be from funds made
available under the heading ``International Narcotics Control
and Law Enforcement'': Provided, That funds made available
pursuant to this paragraph shall be made available to support a
multifaceted approach to combat human trafficking in Guatemala:
Provided further, That <<NOTE: Deadline. Reports.>> not later
than 120 days after enactment of this Act, the Secretary of
State shall submit a report to the Committees on Appropriations
on the requirements enumerated under this section in House
Report 114-693.
(2) Modern slavery.--Funds appropriated by this Act under
the heading ``International Narcotics Control and Law
Enforcement'' shall be made available for the purposes
authorized by section 1298 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328): Provided, That
[[Page 131 STAT. 702]]
such funds are in addition to funds made available pursuant to
paragraph (1), and shall be made available on an open and
competitive basis: Provided further,
That <<NOTE: Notification.>> funds made available pursuant to
this paragraph shall be made available subject to the regular
notification procedures of the Committees on Appropriations.
(3) <<NOTE: Guidelines.>> Coordination.--The Secretary of
State and the USAID Administrator, as appropriate, shall
establish and implement guidelines to ensure that programs
funded by paragraphs (1) and (2) to combat trafficking in
persons and modern slavery are coordinated and complementary,
and not duplicative.
(g) Reconciliation Programs.--Of the funds appropriated by this Act
under the headings ``Economic Support Fund'', ``Assistance for Europe,
Eurasia and Central Asia'', and ``Development Assistance'', not less
than $26,000,000 shall be made available to support people-to-people
reconciliation programs which bring together individuals of different
ethnic, religious, and political backgrounds from areas of civil strife
and war: Provided, That <<NOTE: Consultation. Notification.>> the
USAID Administrator shall consult with the Committees on Appropriations,
prior to the initial obligation of funds, on the uses of such funds, and
such funds shall be subject to the regular notification procedures of
the Committees on Appropriations: Provided further, That to the maximum
extent practicable, such funds shall be matched by sources other than
the United States Government.
(h) Water and Sanitation.--Of the funds appropriated by this Act,
not less than $400,000,000 shall be made available for water supply and
sanitation projects pursuant to the Senator Paul Simon Water for the
Poor Act of 2005 (Public Law 109-121), of which not less than
$145,000,000 shall be for programs in sub-Saharan Africa, and of which
not less than $14,000,000 shall be made available for programs to design
and build safe, public latrines in Africa and Asia.
overseas private investment corporation
Sec. 7061. (a) <<NOTE: President. Determination.>> Transfer of
Funds.--Whenever the President determines that it is in furtherance of
the purposes of the Foreign Assistance Act of 1961, up to a total of
$20,000,000 of the funds appropriated under title III of this Act may be
transferred to, and merged with, funds appropriated by this Act for the
Overseas Private Investment Corporation Program Account, to be subject
to the terms and conditions of that account: Provided, That such funds
shall not be available for administrative expenses of the Overseas
Private Investment Corporation: Provided further, That designated
funding levels in this Act shall not be transferred pursuant to this
section: Provided further, That <<NOTE: Notification.>> the exercise
of such authority shall be subject to the regular notification
procedures of the Committees on Appropriations.
(b) <<NOTE: 22 USC 2194 note.>> Authority.--Notwithstanding section
235(a)(2) of the Foreign Assistance Act of 1961, the authority of
subsections (a) through (c) of section 234 of such Act shall remain in
effect until September 30, 2017.
arms trade treaty
Sec. 7062. None of the funds appropriated by this Act may be
obligated or expended to implement the Arms Trade Treaty until the
Senate approves a resolution of ratification for the Treaty.
[[Page 131 STAT. 703]]
inspectors general
Sec. 7063. (a) Prohibition on Use of Funds.--None of the funds
appropriated by this Act may be used to deny an Inspector General funded
under this Act timely access to any records, documents, or other
materials available to the department or agency of the United States
Government over which such Inspector General has responsibilities under
the Inspector General Act of 1978 (5 U.S.C. App.), or to prevent or
impede the access of such Inspector General to such records, documents,
or other materials, under any provision of law, except a provision of
law that expressly refers to such Inspector General and expressly limits
the right of access of such Inspector General.
(b) Timely Access.--A department or agency of the United States
Government covered by this section shall provide its Inspector General
access to all records, documents, and other materials in a timely
manner.
(c) Compliance.--Each Inspector General covered by this section
shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency over
which that Inspector General has responsibilities under the Inspector
General Act of 1978 (5 U.S.C. App.).
(d) Report Requirement.--Each Inspector General covered by this
section shall report to the Committees on Appropriations within 5
calendar days of any failure by any department or agency of the United
States Government to provide its Inspector General access to all
requested records, documents, and other materials.
reporting requirements concerning individuals detained at naval station,
guantanamo bay, cuba
Sec. 7064. Not <<NOTE: Notification.>> later than 5 days after the
conclusion of an agreement with a country, including a state with a
compact of free association with the United States, to receive by
transfer or release individuals detained at United States Naval Station,
Guantanamo Bay, Cuba, the Secretary of State shall notify the Committees
on Appropriations in writing of the terms of the agreement, including
whether funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations, and
related programs will be made available for assistance for such country
pursuant to such agreement.
multi-year pledges
Sec. 7065. None of the funds appropriated by this Act may be used
to make any pledge for future year funding for any multilateral or
bilateral program funded in titles III through VI of this Act unless
such pledge was--
(1) previously justified, including the projected future
year costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs or
previously authorized by an Act of Congress;
(3) <<NOTE: Notification.>> notified in accordance with the
regular notification procedures of the Committees on
Appropriations, including the projected future year costs; or
[[Page 131 STAT. 704]]
(4) <<NOTE: Consultation. Time period.>> the subject of
prior consultation with the Committees on Appropriations and
such consultation was conducted at least 7 days in advance of
the pledge.
prohibition on use of torture
Sec. 7066. (a) Limitation.--None of the funds made available in this
Act may be used to support or justify the use of torture, cruel, or
inhumane treatment by any official or contract employee of the United
States Government.
(b) <<NOTE: Consultation.>> Assistance to Eliminate Torture.--Funds
appropriated under titles III and IV of this Act shall be made
available, notwithstanding section 660 of the Foreign Assistance Act of
1961 and following consultation with the Committees on Appropriations,
for assistance to eliminate torture by foreign police, military or other
security forces in countries receiving assistance from funds
appropriated by this Act.
extradition
Sec. 7067. (a) Limitation.--None of the funds appropriated in this
Act may be used to provide assistance (other than funds provided under
the headings ``International Disaster Assistance'', ``Complex Crises
Fund'', ``International Narcotics Control and Law Enforcement'',
``Migration and Refugee Assistance'', ``United States Emergency Refugee
and Migration Assistance Fund'', and ``Nonproliferation, Anti-terrorism,
Demining and Related Assistance'') for the central government of a
country which has notified the Department of State of its refusal to
extradite to the United States any individual indicted for a criminal
offense for which the maximum penalty is life imprisonment without the
possibility of parole or for killing a law enforcement officer, as
specified in a United States extradition request.
(b) <<NOTE: Applicability.>> Clarification.--Subsection (a) shall
only apply to the central government of a country with which the United
States maintains diplomatic relations and with which the United States
has an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) <<NOTE: Certification.>> Waiver.--The Secretary of State may
waive the restriction in subsection (a) on a case-by-case basis if the
Secretary certifies to the Committees on Appropriations that such waiver
is important to the national interests of the United States.
commercial leasing of defense articles
Sec. 7068.
Notwithstanding <<NOTE: Notification. President. Determination.>> any
other provision of law, and subject to the regular notification
procedures of the Committees on Appropriations, the authority of section
23(a) of the Arms Export Control Act may be used to provide financing to
Israel, Egypt, and the North Atlantic Treaty Organization (NATO), and
major non-NATO allies for the procurement by leasing (including leasing
with an option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment (other than
helicopters and other types of aircraft having possible civilian
application), if the President determines that there are compelling
foreign policy or national security reasons for those defense articles
being provided by commercial lease rather than by government-to-
government sale under such Act.
[[Page 131 STAT. 705]]
country transition plan
Sec. 7069. Any bilateral country assistance strategy developed
after the date of enactment of this Act for the provision of assistance
for a foreign country in this fiscal year shall include a transition
plan identifying end goals and options for winding down, within a
targeted period of years, such
bilateral <<NOTE: Consultation.>> assistance: Provided, That such
transition plan shall be developed by the Secretary of State, in
consultation with the Administrator of the United States Agency for
International Development, the heads of other relevant Federal agencies,
and officials of such foreign government and representatives of civil
society, as appropriate.
countering russian influence and aggression
Sec. 7070. (a) Limitation.--None of the funds appropriated by this
Act may be made available for assistance for the central Government of
the Russian Federation.
(b) Annexation of Crimea.--
(1) <<NOTE: Determinations. Reports.>> None of the funds
appropriated by this Act may be made available for assistance
for the central government of a country that the Secretary of
State determines and reports to the Committees on Appropriations
has taken affirmative steps intended to support or be supportive
of the Russian Federation annexation of Crimea: Provided,
That <<NOTE: Waiver authority. Determination. Reports.>> except
as otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that to do
so is in the national interest of the United States, and
includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available for--
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation
over Crimea;
(B) the facilitation, financing, or guarantee of
United States Government investments in Crimea, if such
activity includes the participation of Russian
Government officials, or other Russian owned or
controlled financial entities; or
(C) assistance for Crimea, if such assistance
includes the participation of Russian Government
officials, or other Russian owned or controlled
financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty or territorial integrity of Ukraine.
(4) <<NOTE: Determination. Reports.>> The requirements and
limitations of this subsection shall cease to be in effect if
the Secretary of State determines and reports to the Committees
on Appropriations that the Government of Ukraine has
reestablished sovereignty over Crimea.
(c) Occupation of the Georgian Territories of Abkhazia and
Tskhinvali Region/South Ossetia.--
(1) <<NOTE: Determination. Reports.>> None of the funds
appropriated by this Act may be made available for assistance
for the central government of a country that the Secretary of
State determines and reports
[[Page 131 STAT. 706]]
to the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations with,
the Russian occupied Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia: Provided, That <<NOTE: Web
posting. Lists.>> the Secretary shall publish on the Department
of State Web site a list of any such central governments in a
timely manner: Provided further, That <<NOTE: Waiver
authority.>> the Secretary may waive the restriction on
assistance required by this paragraph if the Secretary
determines and reports to the Committees on Appropriations that
to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) None of the funds appropriated by this Act may be made
available to support the Russian occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial
institution to vote against any assistance by such institution
(including any loan, credit, or guarantee) for any program that
violates the sovereignty and territorial integrity of Georgia.
(4) <<NOTE: Deadline. Reports.>> Not later than 90 days
after enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report on actions
taken by the Russian Federation to further consolidate the
occupation of the Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia, including the estimated annual
costs of such occupation.
(d) Assistance to Counter Influence and Aggression.--
(1) Of the funds appropriated by this Act under the headings
``Assistance for Europe, Eurasia and Central Asia'',
``International Narcotics Control and Law Enforcement'', and
``Foreign Military Financing Program'', not less than
$100,000,000 shall be made available for assistance to counter
Russian influence and aggression in countries in Europe and
Eurasia: Provided, That such funds shall be referred to as the
Countering Russian Influence Fund (the Fund), and be made
available to civil society organizations and other entities in
such countries for rule of law, media, cyber, and other programs
that strengthen democratic institutions and processes, and
counter Russian influence and aggression: Provided further,
That <<NOTE: Deadline. Consultation. Plan.>> not later than 45
days after enactment of this Act, the Secretary of State, in
consultation with the USAID Administrator, shall submit a spend
plan to the Committees on Appropriations detailing the proposed
uses of the Fund on a country-by-country basis: Provided
further, That such funds shall be in addition to amounts made
available for bilateral assistance for such countries.
(2) Funds appropriated by this Act and made available for
assistance for the Eastern Partnership countries shall be made
available to advance the implementation of Association
Agreements and trade agreements with the European Union, and to
reduce their vulnerability to external economic and political
pressure from the Russian Federation.
(e) Democracy Programs.--Funds appropriated by this Act shall be
made available to support democracy programs in the Russian Federation,
including to promote Internet freedom, and shall also be made available
to support the democracy and rule of law strategy required by section
7071(d) of the Department
[[Page 131 STAT. 707]]
of State, Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113-76).
(f) Reports.--Not later than 45 days after enactment of this Act,
the Secretary of State shall update the reports required by section
7071(b)(2), (c), and (e) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2014 (division K of Public Law
113-76).
international monetary fund
Sec. 7071. (a) <<NOTE: Applicability.>> Extensions.--The terms and
conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department
of State, Foreign Operations, and Related Programs Appropriations Act,
2010 (division F of Public Law 111-117) shall apply to this Act.
(b) Repayment.--The Secretary of the Treasury shall instruct the
United States Executive Director of the International Monetary Fund
(IMF) to seek to ensure that any loan will be repaid to the IMF before
other private creditors.
special defense acquisition fund
Sec. 7072. Not to exceed $900,000,000 may be obligated pursuant to
section 51(c)(2) of the Arms Export Control Act for the purposes of the
Special Defense Acquisition Fund (the Fund), to remain available for
obligation until September 30, 2019: Provided, That the provision of
defense articles and defense services to foreign countries or
international organizations from the Fund shall be subject to the
concurrence of the Secretary of State.
stability and development in regions impacted by extremism and conflict
Sec. 7073. (a) Countering Foreign Fighters and Extremist
Organizations, and Strengthening the State System.--
(1) <<NOTE: Deadline. Consultation. Strategy.>> Not later
than 30 days after enactment of this Act and prior to the
initial obligation of funds made available by this Act for the
purposes of this subsection, the Secretary of State, in
consultation with the Administrator of the United States Agency
for International Development and the heads of relevant United
States Government agencies, shall submit to the appropriate
congressional committees a joint strategy to counter and defeat
violent extremism and foreign fighters abroad, which shall
include components to--
(A) counter the recruitment, radicalization,
movement, and financing of such extremists and foreign
fighters;
(B) secure borders of countries impacted by
extremism;
(C) assist countries impacted by extremism to
implement and establish criminal laws and policies to
counter extremists and foreign fighters; and
(D) promote and strengthen democratic institutions
and practices in countries impacted by extremism:
Provided, That such strategy shall include a detailed
description of proposed monitoring, oversight, and vetting
procedures.
(2) Funds appropriated under titles III and IV of this Act
shall be made available for programs and activities to implement
the strategy required in paragraph (1) in a manner consistent
with all applicable laws, regulations, and policies regarding
the use of foreign assistance funds: <<NOTE: Notification.>>
Provided, That
[[Page 131 STAT. 708]]
the Secretary of State shall promptly inform the appropriate
congressional committees of each instance in which assistance
provided pursuant to this subsection has been diverted or
destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an
explanation of the response of the Department of State or USAID,
as appropriate: Provided further, That <<NOTE: Coordination.>>
the Secretary of State shall ensure such programs are
coordinated with and complement the efforts of other United
States Government agencies and international partners: Provided
further, That the Secretary shall also ensure that information
gained through the conduct of such programs is shared in a
timely manner with relevant United States Government agencies
and other international partners, as appropriate.
(3) <<NOTE: Notification.>> Funds made available pursuant
to this subsection are subject to the regular notification
procedures of the Committees on Appropriations.
(b) Countries Impacted by Significant Refugee Populations or
Internally Displaced Persons.--Funds appropriated by this Act under the
headings ``Development Assistance'' and ``Economic Support Fund'' shall
be made available for programs in countries affected by significant
populations of internally displaced persons or refugees to--
(1) expand and improve host government social services and
basic infrastructure to accommodate the needs of such
populations and persons;
(2) alleviate the social and economic strains placed on host
communities, including through programs to promote livelihoods,
vocational training, and formal and informal education;
(3) improve coordination of such assistance in a more
effective and sustainable manner; and
(4) leverage increased assistance from donors other than the
United States Government for central governments and local
communities in such countries:
Provided, That <<NOTE: Notification.>> the Secretary of State shall
periodically inform the Committees on Appropriations of the amount and
specific uses of funds made available for the purposes of this
subsection.
enterprise funds
Sec. 7074. (a) <<NOTE: Time period. President.>> Notification
Requirement.--None of the funds made available under titles III through
VI of this Act may be made available for Enterprise Funds unless the
appropriate congressional committees are notified at least 15 days in
advance.
(b) Distribution of Assets Plan.--Prior to the distribution of any
assets resulting from any liquidation, dissolution, or winding up of an
Enterprise Fund, in whole or in part, the President shall submit to the
appropriate congressional committees a plan for the distribution of the
assets of the Enterprise Fund.
(c) Transition or Operating Plan.--Prior to a transition to and
operation of any private equity fund or other parallel investment fund
under an existing Enterprise Fund, the President shall submit such
transition or operating plan to the appropriate congressional
committees.
[[Page 131 STAT. 709]]
use of funds in contravention of this act
Sec. 7075.
If <<NOTE: President. Determination. Notification. Deadline.>> the
President makes a determination not to comply with any provision of this
Act on constitutional grounds, the head of the relevant Federal agency
shall notify the Committees on Appropriations in writing within 5 days
of such determination, the basis for such determination and any
resulting changes to program and policy.
budget documents
Sec. 7076. (a) Operating and Reorganization Plans.--
(1) <<NOTE: Deadline.>> Not later than 45 days after the
date of enactment of this Act, each department, agency, or
organization funded in titles I, II, and VI of this Act, and the
Department of the Treasury and Independent Agencies funded in
title III of this Act, including the Inter-American Foundation
and the United States African Development Foundation, shall
submit to the Committees on Appropriations an operating plan for
funds appropriated to such department, agency, or organization
in such titles of this Act, or funds otherwise available for
obligation in fiscal year 2017, that provides details of the
uses of such funds at the program, project, and activity level:
Provided, That such plans shall include, as applicable, a
comparison between the congressional budget justification
funding levels, the most recent congressional directives or
approved funding levels, and the funding levels proposed by the
department or agency; and a clear, concise, and informative
description/justification: Provided further, That if such
department, agency, or organization receives an additional
amount under the same heading in title VIII of this Act,
operating plans required by this subsection shall include
consolidated information on all such funds: Provided further,
That <<NOTE: Notification.>> operating plans that include
changes in levels of funding for programs, projects, and
activities specified in the congressional budget justification,
in this Act, or amounts specifically designated in the
respective tables included in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act), as applicable, shall be subject to the
notification and reprogramming requirements of section 7015 of
this Act.
(2) Concurrent with the submission of an operating plan
pursuant to paragraph (1), each covered department, agency, or
organization shall submit to the Committees on Appropriations a
report detailing any planned reorganization of such department,
agency, or organization, including any action planned pursuant
to the March 31, 2017 Executive Order 13781 on a Comprehensive
Plan for Reorganizing the Executive Branch, including--
(A) a detailed organization chart, including a brief
description of each operating unit;
(B) the number of employees for each operating unit;
(C) the current policy for supporting the operations
of the National Security Council (NSC) through the
detail of agency staff, including staff projected to be
detailed to the NSC during fiscal year 2018, if
applicable; and
(D) a detailed explanation of the policies and
procedures currently or expected to be used to comply
with Executive Order 13781, including an assessment of
how
[[Page 131 STAT. 710]]
national security interests will be served by any
proposed reorganizations.
(b) Spend Plans.--
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made
available by this Act, for--
(A) assistance for Afghanistan, Iraq, Lebanon,
Pakistan, and the West Bank and Gaza;
(B) Power Africa and the regional security
initiatives listed under this section in House Report
114-693: Provided, That the spend plan for such
initiatives shall include the amount of assistance
planned for each country by account, to the maximum
extent practicable; and
(C) democracy programs, programs to support section
7073(a) of this Act, and sectors enumerated in
subsections (a), (c)(2), (d), (e), (f), (g), and (h) of
section 7060 of this Act.
(2) <<NOTE: Deadline.>> Not later than 45 days after
enactment of this Act, the Secretary of the Treasury shall
submit to the Committees on Appropriations a detailed spend plan
for funds made available by this Act under the heading
``Department of the Treasury, International Affairs Technical
Assistance'' in title III.
(c) Spending Report.--Not later than 45 days after enactment of this
Act, the USAID Administrator shall submit to the Committees on
Appropriations a detailed report on spending of funds made available
during fiscal year 2016 under the heading ``Development Credit
Authority''.
(d) Notifications.--The spend plans referenced in subsection (b)
shall not be considered as meeting the notification requirements in this
Act or under section 634A of the Foreign Assistance Act of 1961.
(e) Congressional Budget Justification.--
(1) The congressional budget justification for Department of
State operations and foreign operations shall be provided to the
Committees on Appropriations concurrent with the date of
submission of the President's budget for fiscal year 2018:
Provided, That <<NOTE: Deadline.>> the appendices for such
justification shall be provided to the Committees on
Appropriations not later than 10 calendar days thereafter.
(2) The Secretary of State and the USAID Administrator shall
include in the congressional budget justification a detailed
justification for multi-year availability for any funds
requested under the headings ``Diplomatic and Consular
Programs'' and ``Operating Expenses''.
reports and records management
Sec. 7077. (a) Public Posting of Reports.--
(1) <<NOTE: Public information. Web
posting. Determination.>> Requirement.--Any agency receiving
funds made available by this Act shall, subject to paragraphs
(2) and (3), post on the publicly available Web site of such
agency any report required by this Act to be submitted to the
Committees on Appropriations, upon a determination by the head
of such agency that to do so is in the national interest.
[[Page 131 STAT. 711]]
(2) Exceptions.--Paragraph (1) shall not apply to a report
if--
(A) the public posting of such report would
compromise national security, including the conduct of
diplomacy; or
(B) the report contains proprietary, privileged, or
sensitive information.
(3) <<NOTE: Time period.>> Timing and intention.--The head
of the agency posting such report shall, unless otherwise
provided for in this Act, do so only after such report has been
made available to the Committees on Appropriations for not less
than 45 days: Provided, That any report required by this Act to
be submitted to the Committees on Appropriations shall include
information from the submitting agency on whether such report
will be publicly posted.
(b) Requests for Documents.--None of the funds appropriated or made
available pursuant to titles III through VI of this Act shall be
available to a nongovernmental organization, including any contractor,
which fails to provide upon timely request any document, file, or record
necessary to the auditing requirements of the Department of State and
the United States Agency for International Development.
(c) Records Management.--
(1) Limitation.--None of the funds appropriated by this Act
under the headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II that are
made available to the Department of State and USAID may be made
available to support the use or establishment of email accounts
or email servers created outside the .gov domain or not fitted
for automated records management as part of a Federal government
records management program in contravention of the Presidential
and Federal Records Act Amendments of 2014 (Public Law 113-187).
(2) Directives.--The Secretary of State and USAID
Administrator shall--
(A) update the policies, directives, and oversight
necessary to comply with Federal statutes, regulations,
and presidential executive orders and memoranda
concerning the preservation of all records made or
received in the conduct of official business, including
record emails, instant messaging, and other online
tools;
(B) use funds appropriated by this Act under the
headings ``Diplomatic and Consular Programs'' and
``Capital Investment Fund'' in title I, and ``Operating
Expenses'' and ``Capital Investment Fund'' in title II,
as appropriate, to improve Federal records management
pursuant to the Federal Records Act (44 U.S.C. Chapters
21, 29, 31, and 33) and other applicable Federal records
management statutes, regulations, or policies for the
Department of State and USAID;
(C) direct departing employees that all Federal
records generated by such employees, including senior
officials, belong to the Federal Government; and
(D) significantly improve the response time for
identifying and retrieving Federal records, including
requests made pursuant to the Freedom of Information
Act.
[[Page 131 STAT. 712]]
(3) Report.--Not later than 45 days after enactment of this
Act, the Secretary of State and USAID Administrator shall each
submit a report to the Committees on Appropriations and to the
National Archives and Records Administration detailing, as
appropriate and where applicable--
(A) any updates or modifications made to the policy
of each agency regarding the use or the establishment of
email accounts or email servers created outside the .gov
domain or not fitted for automated records management as
part of a Federal government records management program
since the submission to the Committees on Appropriations
on January 20, 2016, of the report required by section
7077(c)(2) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2016 (division K of Public Law 114-113);
(B) the extent to which each agency is in compliance
with applicable Federal records management statutes,
regulations, and policies, including meeting Directive
goal 1.2 of the Managing Government Records Directive
(M-12-18) by December 31, 2016; and
(C) any steps taken since the submission of the
report referenced in subparagraph (A) to--
(i) comply with paragraph (1)(B) of this
subsection;
(ii) ensure that all employees at every level
have been instructed in procedures and processes
to ensure that the documentation of their official
duties is captured, preserved, managed, protected,
and accessible in official Government systems of
the Department of State and USAID;
(iii) implement recommendations 1 and 4 made
by the Office of the Inspector General (OIG),
Department of State, in the January 2016
Evaluation of the Department of State's FOIA
Process for Requests Involving the Office of the
Secretary (ESP-16-01);
(iv) reduce the backlog of Freedom of
Information Act (FOIA) and Congressional oversight
requests, and measurably improve the response time
for answering such requests; and
(v) strengthen cyber security measures to
mitigate vulnerabilities, including those
resulting from the use of personal email accounts
or servers outside the .gov domain and implement
the recommendations of the OIG in the May 2016
Evaluation of Email Records Management and
Cybersecurity Requirements (ESP-16-03).
(4) Implementation and operating plan.--The reports required
by paragraph (3) shall be submitted by the Secretary of State or
USAID Administrator simultaneously with the operating plans
required by section 7076 of this Act for funds appropriated
under the headings listed in paragraph (1), and shall include an
operating plan and timeline, as applicable, for--
(A) implementing the recommendations of the OIG
reports referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
[[Page 131 STAT. 713]]
(5) <<NOTE: Consultation.>> Report assessment.--Not later
than 180 days after the submission of the reports required by
paragraph (3), the Comptroller General of the United States, in
consultation with National Archives and Records Administration,
as appropriate, shall conduct an assessment of such reports, and
shall consult with the Committees on Appropriations on the scope
and requirements of such assessment.
global internet freedom
Sec. 7078. (a) Funding.--Of the funds available for obligation
during fiscal year 2017 under the headings ``International Broadcasting
Operations'', ``Economic Support Fund'', ``Democracy Fund'', and
``Assistance for Europe, Eurasia and Central Asia'', not less than
$50,500,000 shall be made available for programs to promote Internet
freedom globally: Provided, That such programs shall be prioritized for
countries whose governments restrict freedom of expression on the
Internet, and that are important to the national interests of the United
States: Provided further, That funds made available pursuant to this
section shall be matched, to the maximum extent practicable, by sources
other than the United States Government, including from the private
sector.
(b) Requirements.--
(1) Funds appropriated by this Act under the headings
``Economic Support Fund'', ``Democracy Fund'', and ``Assistance
for Europe, Eurasia and Central Asia'' that are made available
pursuant to subsection (a) shall be--
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be
incorporated into country assistance and democracy
promotion strategies, as appropriate;
(B) made available to the Bureau of Democracy, Human
Rights, and Labor, Department of State, for programs to
implement the May 2011, International Strategy for
Cyberspace; the Department of State International
Cyberspace Policy Strategy required by section 402 of
the Cybersecurity Act of 2015 (division N of Public Law
114-113); and the comprehensive strategy to promote
Internet freedom and access to information in Iran, as
required by section 414 of the Iran Threat Reduction and
Syria Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of
repressive Internet-related laws and regulations,
including countering threats to Internet freedom at
international organizations; to combat violence against
bloggers and other users; and to enhance digital
security training and capacity building for democracy
activists;
(D) made available for research of key threats to
Internet freedom; the continued development of
technologies that provide or enhance access to the
Internet, including circumvention tools that bypass
Internet blocking, filtering, and other censorship
techniques used by authoritarian governments; and
maintenance of the technological advantage of the United
States Government over such censorship techniques:
Provided,
That <<NOTE: Consultation. Coordination. Assessment.>>
the Secretary of State, in consultation with the Chief
Executive Officer (CEO) of the
[[Page 131 STAT. 714]]
Broadcasting Board of Governors (BBG), shall coordinate
any such research and development programs with other
relevant United States Government departments and
agencies in order to share information, technologies,
and best practices, and to assess the effectiveness of
such technologies; and
(E) the responsibility of the Assistant Secretary
for Democracy, Human Rights, and Labor, Department of
State.
(2) Funds appropriated by this Act under the heading
``International Broadcasting Operations'' that are made
available pursuant to subsection (a) shall be--
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content;
facilitate audience access to such content on Web sites
that are censored; coordinate the distribution of BBG
digital content to targeted regional audiences; and to
promote and distribute such tools and techniques,
including digital security techniques;
(B) coordinated with programs funded by this Act
under the heading ``International Broadcasting
Operations'', and shall be incorporated into country
broadcasting strategies, as appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in
countries that are strategic priorities for the BBG and
in a manner consistent with the BBG Internet freedom
strategy; and
(D) <<NOTE: Consultation. Evaluation.>> made
available for the research and development of new tools
or techniques authorized in paragraph (A) only after the
BBG CEO, in consultation with the Secretary of State and
other relevant United States Government departments and
agencies, evaluates the risks and benefits of such new
tools or techniques, and establishes safeguards to
minimize the use of such new tools or techniques for
illicit purposes.
(c) <<NOTE: Deadline.>> Coordination and Spend Plans.--After
consultation among the relevant agency heads to coordinate and de-
conflict planned activities, but not later than 90 days after enactment
of this Act, the Secretary of State and the BBG CEO shall submit to the
Committees on Appropriations spend plans for funds made available by
this Act for programs to promote Internet freedom globally, which shall
include a description of safeguards established by relevant agencies to
ensure that such programs are not used for illicit purposes: Provided,
That the Department of State spend plan shall include funding for all
such programs for all relevant Department of State and USAID offices and
bureaus: Provided further, That <<NOTE: Consultation.>> prior to the
obligation of such funds, such offices and bureaus shall consult with
the Assistant Secretary for Democracy, Human Rights, and Labor,
Department of State, to ensure that such programs support the Department
of State Internet freedom strategy.
[[Page 131 STAT. 715]]
impact on jobs in the united states
Sec. 7079. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated or
expended to provide--
(1) any financial incentive to a business enterprise
currently located in the United States for the purpose of
inducing such an enterprise to relocate outside the United
States if such incentive or inducement is likely to reduce the
number of employees of such business enterprise in the United
States because United States production is being replaced by
such enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers' rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should be
commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale
enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States if
such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries and
adversely impacts the labor force in the United States; or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to--
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas
Private Investment Corporation in November 2013 to the
Corporation's Environmental and Social Policy Statement
relating to coal; or
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank of
the United States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coal-
fired or other power-generation project the purpose of which is
to: (i) provide affordable electricity in International
Development Association (IDA)-eligible countries and IDA-blend
countries; and (ii) increase exports of goods and services from
the United States or prevent the loss of jobs from the United
States.
fragile states and extremism
Sec. 7080. (a) <<NOTE: Consultation. Notification.>> Funding.--
Funds appropriated by this Act under the heading ``Economic Support
Fund'' that are made available for assistance for Syria, Iraq, and
Somalia shall be made available to carry out the purposes of this
section, subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(b) Comprehensive Plan.--Funds made available pursuant to subsection
(a) shall be transferred to, and merged with, funds appropriated by this
Act under the heading ``United States Institute
[[Page 131 STAT. 716]]
of Peace'' for the purposes of developing a comprehensive plan (the
Plan) to prevent the underlying causes of extremism in fragile states in
the Sahel, Horn of Africa, and the Near East: Provided, That such funds
are in addition to amounts otherwise available to the United States
Institute of Peace (USIP) under title I of this Act: Provided further,
That <<NOTE: Consultation.>> USIP shall consult with the Committees on
Appropriations prior to developing such Plan: Provided further,
That <<NOTE: Consultation.>> USIP shall also consult with relevant
United States Government agencies, foreign governments, and civil
society, as appropriate, in developing the Plan.
(c) Demonstration Project.--Funds made available by subsection (a)
shall be made available to implement the Plan required by subsection (b)
through a demonstration project, consistent with the requirements
described in section 7073(d)(2) of S. 3117 (as introduced in the Senate
on June 29, 2016): Provided, That such funds shall be made available to
the maximum extent practicable on a cost-matching basis from sources
other than the United States Government.
consular and border security programs
Sec. 7081. (a) <<NOTE: 8 USC 1715.>> Separate Fund.--There is
established in the Treasury a separate fund to be known as the
``Consular and Border Security Programs'' account into which the
following fees shall be deposited for the purposes of the consular and
border security programs.
(b) Machine-readable Visa Fee.--Section 103(d) of Public Law 107-173
(8 U.S.C. 1713) is amended by striking ``credited as an offsetting
collection to any appropriation for the Department of State'' and
inserting ``deposited in the Consular and Border Security Programs
account''.
(c) Passport and Immigrant Visa Security Surcharges.--The fourth
paragraph under the heading ``Diplomatic and Consular Programs'' in
title IV of division B of Public Law 108-447 (8 U.S.C. 1714) is amended
by striking ``credited to this account'' and inserting ``deposited in
the Consular and Border Security Programs account''.
(d) Diversity Immigrant Lottery Fee.--Section 636 of title VI,
division C of Public Law 104-208 (8 U.S.C. 1153 note) is amended by
striking ``as an offsetting collection to any Department of State
appropriation'' and inserting ``in the Consular and Border Security
Programs account''.
(e) Affidavit of Support Fee.--Section 232(c) of title II of
division A of H.R. 3427 (106th Congress) (incorporated by reference by
section 1000(a)(7) of division B of Public Law 106-113, as amended (8
U.S.C. 1183a note), is further amended by striking ``as an offsetting
collection to any Department of State appropriation'' and inserting ``in
the Consular and Border Security Programs account''.
(f) Western Hemisphere Travel Initiative Surcharge.--Subsection
(b)(1) of section 1 of the Passport Act of June 4, 1920 (22 U.S.C.
214(b)(1)) is amended by striking ``as an offsetting collection to the
appropriate Department of State appropriation'' and inserting ``in the
Consular and Border Security Programs account''.
(g) Expedited Passport Fee.--The first proviso under the heading
``Diplomatic and Consular Programs'' in title V of Public Law 103-317
(22 U.S.C. 214 note) is amended by inserting ``or
[[Page 131 STAT. 717]]
in the Consular and Border Security Programs account'' after
``offsetting collection''.
(h) Transfer of Funds.--
(1) The unobligated balances of amounts available from fees
referenced under this section may be transferred to the Consular
and Border Security Programs account.
(2) Funds deposited in or transferred to the Consular and
Border Security Programs account may be transferred between
funds appropriated under the heading ``Administration of Foreign
Affairs''.
(3) The transfer authorities in this section shall be in
addition to any other transfer authority available to the
Department of State.
(i) Effective Date.--The amendments made by this section shall take
effect no later than October 1, 2018, and shall be implemented in a
manner that ensures the fees collected, transferred, and used in fiscal
year 2019 can be readily tracked.
united nations population fund
Sec. 7082. (a) Contribution.--Of the funds made available under the
heading ``International Organizations and Programs'' in this Act for
fiscal year 2017, $32,500,000 shall be made available for the United
Nations Population Fund (UNFPA).
(b) <<NOTE: Notification.>> Availability of Funds.--Funds
appropriated by this Act for UNFPA, that are not made available for
UNFPA because of the operation of any provision of law, shall be
transferred to the ``Global Health Programs'' account and shall be made
available for family planning, maternal, and reproductive health
activities, subject to the regular notification procedures of the
Committees on Appropriations.
(c) Prohibition on Use of Funds in China.--None of the funds made
available by this Act may be used by UNFPA for a country program in the
People's Republic of China.
(d) Conditions on Availability of Funds.--Funds made available by
this Act for UNFPA may not be made available unless--
(1) UNFPA maintains funds made available by this Act in an
account separate from other accounts of UNFPA and does not
commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) Report to Congress and Dollar-for-dollar Withholding of Funds.--
(1) Not later than 4 months after the date of enactment of
this Act, the Secretary of State shall submit a report to the
Committees on Appropriations indicating the amount of funds that
UNFPA is budgeting for the year in which the report is submitted
for a country program in the People's Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People's
Republic of China in the year covered by the report, then the
amount of such funds UNFPA plans to spend in the People's
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
[[Page 131 STAT. 718]]
afghan allies
(including rescission of funds)
Sec. 7083. (a) Afghan Allies.--Section 602(b)(3)(F) of the Afghan
Allies Protection Act, 2009 (division F of Public Law 111-8), as
amended, <<NOTE: 8 USC 1101 note.>> is further amended by substituting
``11,000'' for ``8,500'' in the matter preceding clause (i).
(b) Rescission of Funds.--Of the funds appropriated in prior Acts
making appropriations for the Department of State, foreign operations,
and related programs that remain available for obligation under the
heading ``Bilateral Economic Assistance, Funds Appropriated to the
President, Economic Support Fund'', $6,000,000 are rescinded: Provided,
That no amounts may be rescinded from amounts that were designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
or as an emergency requirement pursuant to the Concurrent Resolution on
the Budget or section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM
DEPARTMENT OF STATE
Administration of Foreign Affairs
diplomatic and consular programs
(including transfer of funds)
For an additional amount for ``Diplomatic and Consular Programs'',
$2,410,386,000, to remain available until September 30, 2018, of which
$1,815,210,000 is for Worldwide Security Protection and shall remain
available until expended: Provided, That the Secretary of State may
transfer up to $5,000,000 of the total funds made available under this
heading to any other appropriation of any department or agency of the
United States, upon the concurrence of the head of such department or
agency, to support operations in and assistance for Afghanistan and to
carry out the provisions of the Foreign Assistance Act of 1961:
Provided further, That <<NOTE: Notification.>> any such transfer shall
be subject to the regular notification procedures of the Committees on
Appropriations: Provided further, That funds appropriated under this
heading in this title may be made available for Conflict Stabilization
Operations and for related reconstruction and stabilization assistance
to prevent or respond to conflict or civil strife in foreign countries
or regions, or to enable transition from such strife: Provided further,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
office of inspector general
For an additional amount for ``Office of Inspector General'',
$54,900,000, to remain available until September 30, 2018, for
[[Page 131 STAT. 719]]
the Special Inspector General for Afghanistan Reconstruction (SIGAR) for
reconstruction oversight: Provided, That printing and reproduction
costs shall not exceed amounts for such costs during fiscal year 2016:
Provided further, That notwithstanding any other provision of law, any
employee of SIGAR who completes at least 12 months of continuous service
after the date of enactment of this Act or who is employed on the date
on which SIGAR terminates, whichever occurs first, shall acquire
competitive status for appointment to any position in the competitive
service for which the employee possesses the required qualifications:
Provided further, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
embassy security, construction, and maintenance
For an additional amount for ``Embassy Security, Construction, and
Maintenance'', $1,238,800,000, to remain available until expended, of
which $1,228,000,000 shall be for Worldwide Security Upgrades,
acquisition, and construction as authorized: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
International Organizations
contributions to international organizations
For an additional amount for ``Contributions to International
Organizations'', $96,240,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
contributions for international peacekeeping activities
For an additional amount for ``Contributions for International
Peacekeeping Activities'', $1,354,660,000, to remain available until
September 30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
RELATED AGENCY
Broadcasting Board of Governors
international broadcasting operations
For an additional amount for ``International Broadcasting
Operations'', $4,800,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
[[Page 131 STAT. 720]]
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Funds Appropriated to the President
operating expenses
For an additional amount for ``Operating Expenses'', $152,080,000,
to remain available until September 30, 2018: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
Funds Appropriated to the President
international disaster assistance
For an additional amount for ``International Disaster Assistance'',
$2,323,203,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
For an additional amount for ``International Disaster Assistance'',
$990,000,000, to remain available until expended, for famine prevention,
relief, and mitigation, including for South Sudan, Somalia, Nigeria, and
Yemen: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
transition initiatives
For an additional amount for ``Transition Initiatives'',
$37,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
complex crises fund
For an additional amount for ``Complex Crises Fund'', $20,000,000,
to remain available until expended: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
economic support fund
For an additional amount for ``Economic Support Fund'',
$2,609,242,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas
[[Page 131 STAT. 721]]
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
assistance for europe, eurasia and central asia
For an additional amount for ``Assistance for Europe, Eurasia and
Central Asia'', $453,696,000, to remain available until September 30,
2018: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Department of State
migration and refugee assistance
For an additional amount for ``Migration and Refugee Assistance'' to
respond to refugee crises, including in Africa, the Near East, South and
Central Asia, and Europe and Eurasia, $2,146,198,000, to remain
available until expended, except that such funds shall not be made
available for the resettlement costs of refugees in the United States:
Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
united states emergency refugee and migration assistance fund
For an additional amount for ``United States Emergency Refugee and
Migration Assistance Fund'', $40,000,000, to remain available until
expended: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
Department of State
international narcotics control and law enforcement
For an additional amount for ``International Narcotics Control and
Law Enforcement'', $412,260,000, to remain available until September 30,
2018: Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
nonproliferation, anti-terrorism, demining and related programs
For an additional amount for ``Nonproliferation, Anti-terrorism,
Demining and Related Programs'', $341,754,000, to remain available until
September 30, 2018: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 722]]
peacekeeping operations
For an additional amount for ``Peacekeeping Operations'',
$473,973,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That <<NOTE: Notification.>> funds available for
obligation under this heading in this Act may be used to pay assessed
expenses of international peacekeeping activities in Somalia, subject to
the regular notification procedures of the Committees on Appropriations.
Funds Appropriated to the President
foreign military financing program
For an additional amount for ``Foreign Military Financing Program'',
$1,325,808,000, to remain available until September 30, 2018: Provided,
That such amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
additional appropriations
Sec. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated or
otherwise made available in this Act for fiscal year 2017.
extension of authorities and conditions
Sec. 8002. Unless otherwise provided for in this Act, the
additional amounts appropriated by this title to appropriations accounts
in this Act shall be available under the authorities and conditions
applicable to such appropriations accounts.
transfer of funds
Sec. 8003. (a)(1) Funds appropriated by this title in this Act under
the headings ``Transition Initiatives'', ``Complex Crises Fund'',
``Economic Support Fund'', and ``Assistance for Europe, Eurasia and
Central Asia'' may be transferred to, and merged with, funds
appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the headings
``International Narcotics Control and Law Enforcement'',
``Nonproliferation, Anti-terrorism, Demining and Related Programs'',
``Peacekeeping Operations'', and ``Foreign Military Financing Program''
may be transferred to, and merged with, funds appropriated by this title
under such headings.
(b) Notwithstanding any other provision of this section, not to
exceed $15,000,000 from funds appropriated under the headings
``International Narcotics Control and Law Enforcement'', ``Peacekeeping
Operations'', and ``Foreign Military Financing Program'' by this title
in this Act may be transferred to, and merged with,
[[Page 131 STAT. 723]]
funds previously made available under the heading ``Global Security
Contingency Fund''.
(c) The transfer authority provided in subsection (a) may only be
exercised to address contingencies.
(d) <<NOTE: Consultation. Notification.>> The transfer authority
provided in subsections (a) and (b) shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided, That such transfer authority is
in addition to any transfer authority otherwise available under any
other provision of law, including section 610 of the Foreign Assistance
Act of 1961 which may be exercised by the Secretary of State for the
purposes of this title.
countering the islamic state of iraq and syria and combating terrorism
in the near east and africa
Sec. 8004. (a) Relief and Recovery Fund.--Funds appropriated by this
Act under the headings ``Economic Support Fund'', ``International
Narcotics Control and Law Enforcement'', ``Peacekeeping Operations'',
and ``Foreign Military Financing Program'' that are designated for the
Relief and Recovery Fund in the tables included in the explanatory
statement described in section 4 (in the matter preceding division A of
this Consolidated Act) shall be made available for assistance for areas
liberated from, or under the influence of, the Islamic State of Iraq and
Syria, other terrorist organizations, or violent extremist organizations
in and around the Near East and Africa: Provided, That such funds are
in addition to amounts otherwise made available for such purposes and to
amounts specifically designated in this Act for assistance for foreign
countries: Provided further, That such funds shall be made available to
the maximum extent practicable on a cost-matching basis from sources
other than the United States, except that no such funds may be made
available for the costs of significant infrastructure projects:
Provided further, That such funds appropriated under the headings
``Economic Support Fund'' and ``International Narcotics Control and Law
Enforcement'' shall be made available for programs and activities
included under this section in the explanatory statement described in
section 4 (in the matter preceding division A of this Consolidated Act):
Provided further, That the Secretary of State shall include funds made
available pursuant to this subsection in the update to reports required
by section 204 of the Security Assistance Appropriations Act, 2017
(division B of Public Law 114-254).
(b) Counterterrorism Partnerships Fund.--Funds appropriated by this
Act under the heading ``Nonproliferation, Anti-terrorism, Demining and
Related Programs'' shall be made available for the Counterterrorism
Partnerships Fund: Provided, That funds made available pursuant to this
subsection shall be made available to enhance the capacity of Kurdistan
Regional Government security services and for security programs in the
Kurdistan Region of Iraq that further the security interest of the
United States.
(c) Oversight Requirement.--Prior to the obligation of funds made
available pursuant to subsections (a) and (b), the Secretary of State
shall take all practicable steps to ensure that mechanisms are in place
for monitoring, oversight, and control of such funds: Provided,
That <<NOTE: Notification.>> the Secretary shall promptly inform the
appropriate congressional committees of each instance in which
assistance provided pursuant to subsections (a) and (b) has been
diverted or
[[Page 131 STAT. 724]]
destroyed, to include the type and amount of assistance, a description
of the incident and parties involved, and an explanation of the response
of the Department of State.
(d) Notification Requirement.--Funds made available pursuant to this
section shall be subject to the regular notification procedures of the
Committees on Appropriations.
famine prevention, relief, and mitigation
(including transfer of funds)
Sec. 8005. (a) Transfer Authority and Notification Requirement.--
(1) Of the funds appropriated by this title in the second
paragraph under the heading ``International Disaster
Assistance''--
(A) not less than $300,000,000 shall be transferred
to, and merged with, the Foreign Agricultural Service,
``Food for Peace Title II Grants'' account; and
(B) not less than $1,500,000 shall be transferred
to, and merged with, funds appropriated by this title
under the heading ``Operating Expenses'' for the United
States Agency for International Development.
(2) Funds appropriated by this title in the second paragraph
under the heading ``International Disaster Assistance'' may be
transferred to, and merged with, funds appropriated by this
title under the heading ``Migration and Refugee Assistance''.
(3) The transfer authority of this subsection is in addition
to any transfer authority otherwise available under any other
provision of law, and shall be for famine prevention, relief,
and mitigation.
(b) <<NOTE: Termination date. Consultation.>> Reporting
Requirements.--Not later than 30 days after enactment of this Act and
every 45 days thereafter until September 30, 2018, the Director of the
Office of Management and Budget, in consultation with the Secretary of
State and Administrator of the United States Agency for International
Development, shall submit to the Committees on Appropriations a report
on the proposed use of funds appropriated under the heading
``International Disaster Assistance'' from this Act and prior Acts
making appropriations for the Department of State, foreign operations,
and related programs, for famine prevention, relief, and mitigation:
Provided, That such report shall include the requirements enumerated
under this section in the explanatory statement described in section 4
(in the matter preceding division A of this Consolidated Act).
This division may be cited as the ``Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017''.
[[Page 131 STAT. 725]]
DIVISION K--TRANSPORTATION, <<NOTE: Transportation, Housing and Urban
Development, and Related Agencies Appropriations Act, 2017.>> HOUSING
AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF TRANSPORTATION
Office of the Secretary
salaries and expenses
For necessary expenses of the Office of the Secretary, $114,000,000,
of which not to exceed $2,758,000 shall be available for the immediate
Office of the Secretary; not to exceed $1,040,000 shall be available for
the immediate Office of the Deputy Secretary; not to exceed $20,772,000
shall be available for the Office of the General Counsel; not to exceed
$10,033,000 shall be available for the Office of the Under Secretary of
Transportation for Policy; not to exceed $14,019,000 shall be available
for the Office of the Assistant Secretary for Budget and Programs; not
to exceed $2,546,000 shall be available for the Office of the Assistant
Secretary for Governmental Affairs; not to exceed $29,356,000 shall be
available for the Office of the Assistant Secretary for Administration;
not to exceed $2,142,000 shall be available for the Office of Public
Affairs; not to exceed $1,760,000 shall be available for the Office of
the Executive Secretariat; not to exceed $11,089,000 shall be available
for the Office of Intelligence, Security, and Emergency Response; and
not to exceed $18,485,000 shall be available for the Office of the Chief
Information Officer: <<NOTE: Transfer authority.>> Provided, That the
Secretary of Transportation is authorized to transfer funds appropriated
for any office of the Office of the Secretary to any other office of the
Office of the Secretary: Provided further, That no appropriation for
any office shall be increased or decreased by more than 5 percent by all
such transfers: Provided further, That <<NOTE: Approval.>> notice of
any change in funding greater than 5 percent shall be submitted for
approval to the House and Senate Committees on Appropriations: Provided
further, That not to exceed $60,000 shall be for allocation within the
Department for official reception and representation expenses as the
Secretary may determine: Provided further, That notwithstanding any
other provision of law, excluding fees authorized in Public Law 107-71,
there may be credited to this appropriation up to $2,500,000 in funds
received in user fees: Provided further, That none of the funds
provided in this Act shall be available for the position of Assistant
Secretary for Public Affairs.
research and technology
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $13,000,000, of which $8,218,000
shall remain available until September 30, 2019: Provided, That there
may be credited to this appropriation, to be available until expended,
funds received from States, counties, municipalities, other public
authorities, and private sources for expenses incurred for training:
Provided further, That <<NOTE: 49 USC 112 note.>> any reference in law,
regulation, judicial proceedings, or elsewhere to the Research and
Innovative Technology Administration shall continue to be
[[Page 131 STAT. 726]]
deemed to be a reference to the Office of the Assistant Secretary for
Research and Technology of the Department of Transportation.
national infrastructure investments
For capital investments in surface transportation infrastructure,
$500,000,000, to remain available through September 30, 2020: Provided,
That the Secretary of Transportation shall distribute funds provided
under this heading as discretionary grants to be awarded to a State,
local government, transit agency, or a collaboration among such entities
on a competitive basis for projects that will have a significant impact
on the Nation, a metropolitan area, or a region: Provided further, That
projects eligible for funding provided under this heading shall include,
but not be limited to, highway or bridge projects eligible under title
23, United States Code; public transportation projects eligible under
chapter 53 of title 49, United States Code; passenger and freight rail
transportation projects; and port infrastructure investments (including
inland port infrastructure and land ports of entry): Provided further,
That the Secretary may use up to 20 percent of the funds made available
under this heading for the purpose of paying the subsidy and
administrative costs of projects eligible for Federal credit assistance
under chapter 6 of title 23, United States Code, if the Secretary finds
that such use of the funds would advance the purposes of this paragraph:
Provided further, That in distributing funds provided under this
heading, the Secretary shall take such measures so as to ensure an
equitable geographic distribution of funds, an appropriate balance in
addressing the needs of urban and rural areas, and the investment in a
variety of transportation modes: Provided further, That a grant funded
under this heading shall be not less than $5,000,000 and not greater
than $25,000,000: Provided further, That not more than 10 percent of
the funds made available under this heading may be awarded to projects
in a single State: Provided further, That the Federal share of the
costs for which an expenditure is made under this heading shall be, at
the option of the recipient, up to 80 percent: Provided further, That
the Secretary shall give priority to projects that require a
contribution of Federal funds in order to complete an overall financing
package: Provided further, That not less than 20 percent of the funds
provided under this heading shall be for projects located in rural
areas: Provided further, That for projects located in rural areas, the
minimum grant size shall be $1,000,000 and the Secretary may increase
the Federal share of costs above 80 percent: Provided further, That
projects conducted using funds provided under this heading must comply
with the requirements of subchapter IV of chapter 31 of title 40, United
States Code: Provided further, That the Secretary shall conduct a new
competition to select the grants and credit assistance awarded under
this heading: Provided further, That the Secretary may retain up to
$20,000,000 of the funds provided under this heading, and may transfer
portions of those funds to the Administrators of the Federal Highway
Administration, the Federal Transit Administration, the Federal Railroad
Administration and the Maritime Administration, to fund the award and
oversight of grants and credit assistance made under the National
Infrastructure Investments program.
[[Page 131 STAT. 727]]
national surface transportation and innovative finance bureau
For necessary expenses for the establishment and administration of a
new National Surface Transportation and Innovative Finance Bureau (the
Bureau) within the Office of the Secretary of Transportation,
$3,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall use such amount for the necessary
expenses to establish the Bureau and to fulfill the responsibilities of
the Bureau, as detailed in section 9001 of the Fixing America's Surface
Transportation (FAST) Act (Public Law 114-94) (49 U.S.C. 116): Provided
further, That <<NOTE: Advance approval.>> the Secretary is required to
receive the advance approval of the House and Senate Committees on
Appropriations prior to exercising the authorities of 49 U.S.C. 116(h):
Provided further, That the program be available to other Federal
agencies, States, municipalities and project sponsors seeking Federal
transportation expertise in obtaining financing.
financial management capital
For necessary expenses for upgrading and enhancing the Department of
Transportation's financial systems and re-engineering business
processes, $4,000,000, to remain available through September 30, 2018.
cyber security initiatives
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology
infrastructure, improvement of network perimeter controls and identity
management, testing and assessment of information technology against
business, security, and other requirements, implementation of Federal
cyber security initiatives and information infrastructure enhancements,
and implementation of enhanced security controls on network devices,
$15,000,000, to remain available through September 30, 2018.
office of civil rights
For necessary expenses of the Office of Civil Rights, $9,751,000.
transportation planning, research, and development
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $12,000,000: Provided, That
of such amount, $3,000,000 shall be for necessary expenses of the
Interagency Infrastructure Permitting Improvement Center (IIPIC):
Provided further, That there may be transferred to this appropriation,
to remain available until expended, amounts from other Federal agencies
for expenses incurred under this heading for IIPIC activities not
related to transportation infrastructure: Provided further, That the
tools and analysis developed by the IIPIC shall be available to other
Federal agencies for the permitting and review of major infrastructure
projects not related to transportation only to the extent that other
Federal agencies provide funding to the Department as provided for under
the previous proviso.
[[Page 131 STAT. 728]]
working capital fund
For necessary expenses for operating costs and capital outlays of
the Working Capital Fund, not to exceed $190,389,000 shall be paid from
appropriations made available to the Department of Transportation:
Provided, That such services shall be provided on a competitive basis to
entities within the Department of Transportation: Provided further,
That the above limitation on operating expenses shall not apply to non-
DOT entities: Provided further, That no funds appropriated in this Act
to an agency of the Department shall be transferred to the Working
Capital Fund without majority approval of the Working Capital Fund
Steering Committee and approval of the Secretary: Provided further,
That <<NOTE: Notification.>> no assessments may be levied against any
program, budget activity, subactivity or project funded by this Act
unless notice of such assessments and the basis therefor are presented
to the House and Senate Committees on Appropriations and are approved by
such Committees.
minority business resource center program
For the cost of guaranteed loans, $339,000, as authorized by 49
U.S.C. 332: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
not to exceed $18,367,000.
In addition, for administrative expenses to carry out the guaranteed
loan program, $602,000.
small and disadvantaged business utilization and outreach
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2018: Provided, That notwithstanding 49 U.S.C. 332,
these funds may be used for business opportunities related to any mode
of transportation.
payments to air carriers
(airport and airway trust fund)
In addition to funds made available from any other source to carry
out the essential air service program under 49 U.S.C. 41731 through
41742, $150,000,000, to be derived from the Airport and Airway Trust
Fund, to remain available until expended: Provided, That in determining
between or among carriers competing to provide service to a community,
the Secretary may consider the relative subsidy requirements of the
carriers: Provided further, That basic essential air service minimum
requirements shall not include the 15-passenger capacity requirement
under subsection 41732(b)(3) of title 49, United States Code: Provided
further, That none of the funds in this Act or any other Act shall be
used to enter into a new contract with a community located less than 40
miles from the nearest small hub airport before the Secretary has
negotiated with the community over a local cost share: Provided
further, That amounts authorized to be distributed for the essential air
service program under subsection 41742(b) of title 49, United
[[Page 131 STAT. 729]]
States Code, shall be made available immediately from amounts otherwise
provided to the Administrator of the Federal Aviation Administration:
Provided further, That the Administrator may reimburse such amounts from
fees credited to the account established under section 45303 of title
49, United States Code.
administrative provisions--office of the secretary of transportation
Sec. 101. None of the funds made available in this Act to the
Department of Transportation may be obligated for the Office of the
Secretary of Transportation to approve assessments or reimbursable
agreements pertaining to funds appropriated to the modal administrations
in this Act, except for activities underway on the date of enactment of
this Act, unless such assessments or agreements have completed the
normal reprogramming process for Congressional notification.
Sec. 102. In addition to authority provided by section 327 of title
49, United States Code, the Department's Working Capital Fund is hereby
authorized to provide partial or full payments in advance and accept
subsequent reimbursements from all Federal agencies from available funds
for transit benefit distribution services that are necessary to carry
out the Federal transit pass transportation fringe benefit program under
Executive Order 13150 and section 3049 of Public Law 109-59: Provided,
That the Department shall maintain a reasonable operating reserve in the
Working Capital Fund, to be expended in advance to provide uninterrupted
transit benefits to Government employees: Provided further, That such
reserve will not exceed one month of benefits payable and may be used
only for the purpose of providing for the continuation of transit
benefits: Provided further, That the Working Capital Fund will be fully
reimbursed by each customer agency from available funds for the actual
cost of the transit benefit.
Sec. 103. The <<NOTE: Web posting.>> Secretary shall post on the
Web site of the Department of Transportation a schedule of all meetings
of the Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to record the
decisions and actions of each meeting.
Federal Aviation Administration
operations
(airport and airway trust fund)
For necessary expenses of the Federal Aviation Administration, not
otherwise provided for, including operations and research activities
related to commercial space transportation, administrative expenses for
research and development, establishment of air navigation facilities,
the operation (including leasing) and maintenance of aircraft,
subsidizing the cost of aeronautical charts and maps sold to the public,
lease or purchase of passenger motor vehicles for replacement only, in
addition to amounts made available by Public Law 112-95,
$10,025,852,000, to remain available until September 30, 2018, of which
$9,173,000,000 shall be derived from the Airport and Airway Trust Fund,
of which not to exceed $7,559,785,000 shall be available for air traffic
organization activities; not to exceed $1,298,482,000 shall be available
for aviation
[[Page 131 STAT. 730]]
safety activities; not to exceed $19,826,000 shall be available for
commercial space transportation activities; not to exceed $771,342,000
shall be available for finance and management activities; not to exceed
$60,155,000 shall be available for NextGen and operations planning
activities; not to exceed $107,161,000 shall be available for security
and hazardous materials safety; and not to exceed $209,101,000 shall be
available for staff offices: Provided, That not to exceed 5 percent of
any budget activity, except for aviation safety budget activity, may be
transferred to any budget activity under this heading: Provided
further, That no transfer may increase or decrease any appropriation by
more than 5 percent: Provided further, That any transfer in excess of 5
percent shall be treated as a reprogramming of funds under section 405
of this Act and shall not be available for obligation or expenditure
except in compliance with the procedures set forth in that section:
Provided further, That <<NOTE: Deadline. Time period. Update. 49 USC
44506 note. Funding reduction.>> not later than March 31 of each fiscal
year hereafter, the Administrator of the Federal Aviation Administration
shall transmit to Congress an annual update to the report submitted to
Congress in December 2004 pursuant to section 221 of Public Law 108-176:
Provided further, That the amount herein appropriated shall be reduced
by $100,000 for each day after March 31 that such report has not been
submitted to the Congress: Provided further,
That <<NOTE: Deadline. Time period. Reports. 49 USC 44502 note.>> not
later than March 31 of each fiscal year hereafter, the Administrator
shall transmit to Congress a companion report that describes a
comprehensive strategy for staffing, hiring, and training flight
standards and aircraft certification staff in a format similar to the
one utilized for the controller staffing plan, including stated
attrition estimates and numerical hiring goals by fiscal year: Provided
further, That <<NOTE: Funding reduction.>> the amount herein
appropriated shall be reduced by $100,000 per day for each day after
March 31 that such report has not been submitted to Congress: Provided
further, That funds may be used to enter into a grant agreement with a
nonprofit standard-setting organization to assist in the development of
aviation safety standards: Provided further, That none of the funds in
this Act shall be available for new applicants for the second career
training program: Provided further, That none of the funds in this Act
shall be available for the Federal Aviation Administration to finalize
or implement any regulation that would promulgate new aviation user fees
not specifically authorized by law after the date of the enactment of
this Act: Provided further, That there may be credited to this
appropriation, as offsetting collections, funds received from States,
counties, municipalities, foreign authorities, other public authorities,
and private sources for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of air
navigation facilities, and for issuance, renewal or modification of
certificates, including airman, aircraft, and repair station
certificates, or for tests related thereto, or for processing major
repair or alteration forms: Provided further, That of the funds
appropriated under this heading, not less than $159,000,000 shall be for
the contract tower program, including the contract tower cost share
program: Provided further, That none of the funds in this Act for
aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise made
available by this Act or any other Act may be used to eliminate the
Contract Weather Observers program at any airport.
[[Page 131 STAT. 731]]
facilities and equipment
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for acquisition,
establishment, technical support services, improvement by contract or
purchase, and hire of national airspace systems and experimental
facilities and equipment, as authorized under part A of subtitle VII of
title 49, United States Code, including initial acquisition of necessary
sites by lease or grant; engineering and service testing, including
construction of test facilities and acquisition of necessary sites by
lease or grant; construction and furnishing of quarters and related
accommodations for officers and employees of the Federal Aviation
Administration stationed at remote localities where such accommodations
are not available; and the purchase, lease, or transfer of aircraft from
funds available under this heading, including aircraft for aviation
regulation and certification; to be derived from the Airport and Airway
Trust Fund, $2,855,000,000, of which $486,000,000 shall remain available
until September 30, 2017, and $2,369,000,000 shall remain available
until September 30, 2019: Provided, That there may be credited to this
appropriation funds received from States, counties, municipalities,
other public authorities, and private sources, for expenses incurred in
the establishment, improvement, and modernization of national airspace
systems: Provided further, That <<NOTE: Deadline. Investment plan.>>
no later than March 31, the Secretary of Transportation shall transmit
to the Congress an investment plan for the Federal Aviation
Administration which includes funding for each budget line item for
fiscal years 2018 through 2022, with total funding for each year of the
plan constrained to the funding targets for those years as estimated and
approved by the Office of Management and Budget.
research, engineering, and development
(airport and airway trust fund)
For necessary expenses, not otherwise provided for, for research,
engineering, and development, as authorized under part A of subtitle VII
of title 49, United States Code, including construction of experimental
facilities and acquisition of necessary sites by lease or grant,
$176,500,000, to be derived from the Airport and Airway Trust Fund and
to remain available until September 30, 2019: Provided, That there may
be credited to this appropriation as offsetting collections, funds
received from States, counties, municipalities, other public
authorities, and private sources, which shall be available for expenses
incurred for research, engineering, and development.
[[Page 131 STAT. 732]]
grants-in-aid for airports
(liquidation of contract authorization)
(limitation on obligations)
(airport and airway trust fund)
(including transfer of funds)
For liquidation of obligations incurred for grants-in-aid for
airport planning and development, and noise compatibility planning and
programs as authorized under subchapter I of chapter 471 and subchapter
I of chapter 475 of title 49, United States Code, and under other law
authorizing such obligations; for procurement, installation, and
commissioning of runway incursion prevention devices and systems at
airports of such title; for grants authorized under section 41743 of
title 49, United States Code; and for inspection activities and
administration of airport safety programs, including those related to
airport operating certificates under section 44706 of title 49, United
States Code, $3,750,000,000, to be derived from the Airport and Airway
Trust Fund and to remain available until expended: Provided, That none
of the funds under this heading shall be available for the planning or
execution of programs the obligations for which are in excess of
$3,350,000,000 in fiscal year 2017, notwithstanding section 47117(g) of
title 49, United States Code: Provided further, That <<NOTE: Explosive
detection systems.>> none of the funds under this heading shall be
available for the replacement of baggage conveyor systems,
reconfiguration of terminal baggage areas, or other airport improvements
that are necessary to install bulk explosive detection systems:
Provided further, That notwithstanding section 47109(a) of title 49,
United States Code, the Government's share of allowable project costs
under paragraph (2) for subgrants or paragraph (3) of that section shall
be 95 percent for a project at other than a large or medium hub airport
that is a successive phase of a multi-phased construction project for
which the project sponsor received a grant in fiscal year 2011 for the
construction project: Provided further, That notwithstanding any other
provision of law, of funds limited under this heading, not more than
$107,691,000 shall be available for administration, not less than
$15,000,000 shall be available for the Airport Cooperative Research
Program, not less than $31,375,000 shall be available for Airport
Technology Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ``Office of the
Secretary, Salaries and Expenses'' to carry out the Small Community Air
Service Development Program: Provided further, That in addition to
airports eligible under section 41743 of title 49, such program may
include the participation of an airport that serves a community or
consortium that is not larger than a small hub airport, according to FAA
hub classifications effective at the time the Office of the Secretary
issues a request for proposals.
administrative provisions--federal aviation administration
Sec. 110. None of the funds in this Act may be used to compensate
in excess of 600 technical staff-years under the federally
[[Page 131 STAT. 733]]
funded research and development center contract between the Federal
Aviation Administration and the Center for Advanced Aviation Systems
Development during fiscal year 2017.
Sec. 111. None of the funds in this Act shall be used to pursue or
adopt guidelines or regulations requiring airport sponsors to provide to
the Federal Aviation Administration without cost building construction,
maintenance, utilities and expenses, or space in airport sponsor-owned
buildings for services relating to air traffic control, air navigation,
or weather reporting: Provided, That the prohibition of funds in this
section does not apply to negotiations between the agency and airport
sponsors to achieve agreement on ``below-market'' rates for these items
or to grant assurances that require airport sponsors to provide land
without cost to the FAA for air traffic control facilities.
Sec. 112. The Administrator of the Federal Aviation Administration
may reimburse amounts made available to satisfy 49 U.S.C. 41742(a)(1)
from fees credited under 49 U.S.C. 45303 and any amount remaining in
such account at the close of that fiscal year may be made available to
satisfy section 41742(a)(1) for the subsequent fiscal year.
Sec. 113. Amounts collected under section 40113(e) of title 49,
United States Code, shall be credited to the appropriation current at
the time of collection, to be merged with and available for the same
purposes of such appropriation.
Sec. 114. None of the funds in this Act shall be available for
paying premium pay under subsection 5546(a) of title 5, United States
Code, to any Federal Aviation Administration employee unless such
employee actually performed work during the time corresponding to such
premium pay.
Sec. 115. None of the funds in this Act may be obligated or
expended for an employee of the Federal Aviation Administration to
purchase a store gift card or gift certificate through use of a
Government-issued credit card.
Sec. 116. None of the funds in this Act may be obligated or
expended for retention bonuses for an employee of the Federal Aviation
Administration without the prior written approval of the Assistant
Secretary for Administration of the Department of Transportation.
Sec. 117. Notwithstanding any other provision of law, none of the
funds made available under this Act or any prior Act may be used to
implement or to continue to implement any limitation on the ability of
any owner or operator of a private aircraft to obtain, upon a request to
the Administrator of the Federal Aviation Administration, a blocking of
that owner's or operator's aircraft registration number from any display
of the Federal Aviation Administration's Aircraft Situational Display to
Industry data that is made available to the public, except data made
available to a Government agency, for the noncommercial flights of that
owner or operator.
Sec. 118. None of the funds in this Act shall be available for
salaries and expenses of more than nine political and Presidential
appointees in the Federal Aviation Administration.
Sec. 119. None <<NOTE: Reports.>> of the funds made available
under this Act may be used to increase fees pursuant to section 44721 of
title 49, United States Code, until the Federal Aviation Administration
provides to the House and Senate Committees on Appropriations a report
that justifies all fees related to aeronautical navigation
[[Page 131 STAT. 734]]
products and explains how such fees are consistent with Executive Order
13642.
Sec. 119A. None <<NOTE: Notification. Deadline.>> of the funds in
this Act may be used to close a regional operations center of the
Federal Aviation Administration or reduce its services unless the
Administrator notifies the House and Senate Committees on Appropriations
not less than 90 full business days in advance.
Sec. 119B. None <<NOTE: New Jersey.>> of the funds appropriated or
limited by this Act may be used to change weight restrictions or prior
permission rules at Teterboro airport in Teterboro, New Jersey.
Sec. 119C. None of the funds provided under this Act may be used by
the Administrator of the Federal Aviation Administration to withhold
from consideration and approval any application for participation in the
Contract Tower Program, or for reevaluation of Cost-share Program
participants, pending as of January 1, 2016, as long as the Federal
Aviation Administration has received an application from the airport,
and as long as the Administrator determines such tower is eligible using
the factors set forth in the Federal Aviation Administration report,
Establishment and Discontinuance Criteria for Airport Traffic Control
Towers (FAA-APO-90-7 as of August, 1990).
Sec. 119D. For fiscal year 2017, the Secretary of Transportation
shall apportion to the sponsor of a primary airport under section
47114(c)(1)(A) of title 49, United States Code, an amount based on the
number of passenger boardings at the airport during calendar year 2012
if the airport had--
(1) fewer than 10,000 passenger boardings during the
calendar year used to calculate the apportionment for fiscal
year 2017; and
(2) 10,000 or more passenger boardings during calendar year
2012.
Sec. 119E. Section 47109(c)(2) of title 49, United States Code, is
amended to read as follows: ``The Government's share of allowable
project costs determined under this subsection shall not exceed the
lesser of 93.75 percent or the highest percentage Government share
applicable to any project in any State under subsection (b), except that
at a primary non-hub and non-primary commercial service airport located
in a State as set forth in paragraph (1) of this subsection that is
within 15 miles of another State as set forth in paragraph (1) of this
subsection, the Government's share shall be an average of the Government
share applicable to any project in each of the States.''.
Sec. 119F. (a) Subchapter I of chapter 471, as amended by this
subtitle, is further amended by adding at the end the following:
``Sec. 47144. <<NOTE: 49 USC 47144.>> Use of funds for repairs
for runway safety repairs
``(a) In General.--The Secretary of Transportation may make project
grants under this subchapter to an airport described in subsection (b)
from funds under section 47114 apportioned to that airport or funds
available for discretionary grants to that airport under section 47115
to conduct airport development to repair the runway safety area of the
airport damaged as a result of a natural disaster in order to maintain
compliance with the regulations of the Federal Aviation Administration
relating to runway safety areas, without regard to whether construction
of the runway safety area damaged was carried out using amounts the
airport received under this subchapter.
[[Page 131 STAT. 735]]
``(b) Airports Described.--An airport is described in this
subsection if--
``(1) the airport is a public-use airport;
``(2) the airport is listed in the National Plan of
Integrated Airport Systems of the Federal Aviation
Administration;
``(3) the runway safety area of the airport was damaged as a
result of a natural disaster;
``(4) the airport was denied funding under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C.
4121 et seq.) with respect to the disaster;
``(5) the operator of the airport has exhausted all legal
remedies, including legal action against any parties (or
insurers thereof) whose action or inaction may have contributed
to the need for the repair of the runway safety area;
``(6) there is still a demonstrated need for the runway
safety area to accommodate current or imminent aeronautical
demand; and
``(7) the cost of repairing or replacing the runway safety
area is reasonable in relation to the anticipated operational
benefit of repairing the runway safety area, as determined by
the Administrator of the Federal Aviation Administration.''.
(b) <<NOTE: 49 USC 47101 prec.>> The analysis for chapter 471, as
amended by this subtitle, is further amended by inserting after the item
relating to section 47143 the following:
``47144. Use of funds for repairs for runway safety repairs.''.
Federal Highway Administration
limitation on administrative expenses
(highway trust fund)
(including transfer of funds)
Not to exceed $432,547,000, together with advances and
reimbursements received by the Federal Highway Administration, shall be
obligated for necessary expenses for administration and operation of the
Federal Highway Administration. In addition, not to exceed $3,248,000
shall be transferred to the Appalachian Regional Commission in
accordance with section 104(a) of title 23, United States Code.
federal-aid highways
(limitation on obligations)
(highway trust fund)
Funds <<NOTE: 23 USC 104 note.>> available for the implementation
or execution of Federal-aid highway and highway safety construction
programs authorized under titles 23 and 49, United States Code, and the
provisions of the Fixing America's Surface Transportation Act shall not
exceed total obligations of $43,266,100,000 for fiscal year 2017:
Provided, That the Secretary may collect and spend fees, as authorized
by title 23, United States Code, to cover the costs of services of
expert firms, including counsel, in the field of municipal and project
finance to assist in the underwriting and servicing of Federal credit
[[Page 131 STAT. 736]]
instruments and all or a portion of the costs to the Federal Government
of servicing such credit instruments: Provided further, That such fees
are available until expended to pay for such costs: Provided further,
That such amounts are in addition to administrative expenses that are
also available for such purpose, and are not subject to any obligation
limitation or the limitation on administrative expenses under section
608 of title 23, United States Code.
(liquidation of contract authorization)
(highway trust fund)
For the payment of obligations incurred in carrying out Federal-aid
highway and highway safety construction programs authorized under title
23, United States Code, $44,005,100,000 derived from the Highway Trust
Fund (other than the Mass Transit Account), to remain available until
expended.
(rescission)
(highway trust fund)
Of the unobligated balances of funds apportioned among the States
under chapter 1 of title 23, United States Code, a total of $857,000,000
is hereby permanently rescinded on June 30, 2017: Provided, That such
rescission shall not apply to funds distributed in accordance with
sections 104(b)(3) and 130(f) of title 23, United States Code; section
133(d)(1)(A) of such title; the first sentence of section 133(d)(3)(A)
of such title, as in effect on the day before the date of enactment of
MAP-21 (Public Law 112-141); sections 133(d)(1) and 163 of such title,
as in effect on the day before the date of enactment of SAFETEA-LU
(Public Law 109-59); and section 104(b)(5) of such title, as in effect
on the day before the date of enactment of MAP-21 (Public Law 112-141):
Provided further, That such rescission shall not apply to funds that are
exempt from the obligation limitation or subject to special no-year
obligation limitation: Provided further, That <<NOTE: Determination.>>
the amount to be rescinded from a State shall be determined by
multiplying the total amount of the rescission by the ratio that the
unobligated balances subject to the rescission as of May 31, 2017, for
the State; bears to the unobligated balances subject to the rescission
as of May 31, 2017, for all States: Provided further,
That <<NOTE: Determination.>> the amount to be rescinded under this
section from each program to which the rescission applies within a State
shall be determined by multiplying the rescission amount calculated for
such State by the ratio that the unobligated balance as of May 31, 2017,
for such program in such State; bears to the unobligated balances as of
May 31, 2017, for all programs to which the rescission applies in such
State.
administrative provisions--federal highway administration
Sec. 120. (a) <<NOTE: 23 USC 104 note.>> For fiscal year 2017, the
Secretary of Transportation shall--
(1) not distribute from the obligation limitation for
Federal-aid highways--
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United
States Code; and
[[Page 131 STAT. 737]]
(B) amounts authorized for the Bureau of
Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated
balance of amounts--
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid
highway and highway safety construction programs for
previous fiscal years the funds for which are allocated
by the Secretary (or apportioned by the Secretary under
sections 202 or 204 of title 23, United States Code);
and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that--
(A) the obligation limitation for Federal-aid
highways, less the aggregate of amounts not distributed
under paragraphs (1) and (2) of this subsection; bears
to
(B) the total of the sums authorized to be
appropriated for the Federal-aid highway and highway
safety construction programs (other than sums authorized
to be appropriated for provisions of law described in
paragraphs (1) through (11) of subsection (b) and sums
authorized to be appropriated for section 119 of title
23, United States Code, equal to the amount referred to
in subsection (b)(12) for such fiscal year), less the
aggregate of the amounts not distributed under
paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2), for each of the programs (other than
programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America's Surface Transportation
Act and title 23, United States Code, or apportioned by the
Secretary under sections 202 or 204 of that title, by
multiplying--
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for
each such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid
highways, less the aggregate amounts not distributed under
paragraphs (1) and (2) and the amounts distributed under
paragraph (4), for Federal-aid highway and highway safety
construction programs that are apportioned by the Secretary
under title 23, United States Code (other than the amounts
apportioned for the National Highway Performance Program in
section 119 of title 23, United States Code, that are exempt
from the limitation under subsection (b)(12) and the amounts
apportioned under sections 202 and 204 of that title) in the
proportion that--
(A) amounts authorized to be appropriated for the
programs that are apportioned under title 23, United
States Code, to each State for such fiscal year; bears
to
(B) the total of the amounts authorized to be
appropriated for the programs that are apportioned under
title 23, United States Code, to all States for such
fiscal year.
[[Page 131 STAT. 738]]
(b) Exceptions From Obligation Limitation.--The obligation
limitation for Federal-aid highways shall not apply to obligations under
or for--
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance Act
of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in
effect on June 8, 1998);
(8) section 105 of title 23, United States Code (as in
effect for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity Act
for the 21st Century (112 Stat. 107) or subsequent Acts for
multiple years or to remain available until expended, but only
to the extent that the obligation authority has not lapsed or
been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA-LU (23 U.S.C. 118 note; 119
Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on
obligations at the time at which the funds were initially made
available for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2017, only in an amount equal
to $639,000,000).
(c) <<NOTE: Deadline.>> Redistribution of Unused Obligation
Authority.--Notwithstanding subsection (a), the Secretary shall, after
August 1 of such fiscal year--
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able to
obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment of
Public Law 112-141) and 104 of title 23, United States Code.
(d) Applicability of Obligation Limitations to Transportation
Research Programs.--
(1) In general.--Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under--
(A) chapter 5 of title 23, United States Code; and
[[Page 131 STAT. 739]]
(B) title VI of the Fixing America's Surface
Transportation Act.
(2) Exception.--Obligation authority made available under
paragraph (1) shall--
(A) <<NOTE: Time period.>> remain available for a
period of 4 fiscal years; and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and
highway safety construction programs for future fiscal
years.
(e) Redistribution of Certain Authorized Funds.--
(1) <<NOTE: Deadline.>> In general.--Not later than 30 days
after the date of distribution of obligation limitation under
subsection (a), the Secretary shall distribute to the States any
funds (excluding funds authorized for the program under section
202 of title 23, United States Code) that--
(A) are authorized to be appropriated for such
fiscal year for Federal-aid highway programs; and
(B) <<NOTE: Determination.>> the Secretary
determines will not be allocated to the States (or will
not be apportioned to the States under section 204 of
title 23, United States Code), and will not be available
for obligation, for such fiscal year because of the
imposition of any obligation limitation for such fiscal
year.
(2) Ratio.--Funds shall be distributed under paragraph (1)
in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) Availability.--Funds distributed to each State under
paragraph (1) shall be available for any purpose described in
section 133(b) of title 23, United States Code.
Sec. 121. Notwithstanding <<NOTE: Reimbursement.>> 31 U.S.C. 3302,
funds received by the Bureau of Transportation Statistics from the sale
of data products, for necessary expenses incurred pursuant to chapter 63
of title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for such
expenses: Provided, That such funds shall be subject to the obligation
limitation for Federal-aid highway and highway safety construction
programs.
Sec. 122. (a) Transfer of Amounts.--
(1) State of virginia.--
(A) <<NOTE: Deadline.>> In general.--Of the total
amount apportioned to the State of Virginia under
section 104 of title 23, United States Code, for fiscal
year 2017, the Secretary of Transportation shall, by the
later of November 30, 2016, or 30 days after the
enactment of this Act, transfer to the National Park
Service--
(i) an amount equal to--
(I) $30,000,000; multiplied by
(II) the ratio that--
(aa) the amount apportioned
to the State of Virginia under
such section 104; bears to
(bb) the combined amount
apportioned to the State of
Virginia and the District of
Columbia under such section 104;
and
(ii) an amount of obligation limitation equal
to the amount calculated under clause (i).
[[Page 131 STAT. 740]]
(B) Source and amount.--For purpose of the transfer
under subparagraph (A), the State of Virginia shall
select at the discretion of the State--
(i) the programs (among those for which
funding is apportioned as described in that
subparagraph) from which to transfer the amount
specified in that subparagraph; and
(ii) the amount to transfer from each of those
programs (equal in aggregate to the amount
calculated under subparagraph (A)(i)).
(2) District of columbia.--
(A) <<NOTE: Deadline.>> In general.--Of the total
amount apportioned to the District of Columbia under
section 104 of title 23, United States Code, for fiscal
year 2017, the Secretary of Transportation shall, by the
later of November 30, 2016, or 30 days after the
enactment of this Act, transfer to the National Park
Service--
(i) an amount equal to--
(I) $30,000,000; multiplied by
(II) the ratio that--
(aa) the amount apportioned
to the District of Columbia
under such section 104; bears to
(bb) the combined amount
apportioned to the State of
Virginia and the District of
Columbia under such section 104;
and
(ii) an amount of obligation limitation equal
to the amount calculated under clause (i).
(B) Source and amount.--For purpose of the transfer
under subparagraph (A), the District of Columbia shall
select at the discretion of the District--
(i) the programs (among those for which
funding is apportioned as described in that
subparagraph) from which to transfer the amount
specified in that subparagraph; and
(ii) the amount to transfer from each of those
programs (equal in aggregate to the amount
calculated under subparagraph (A)(i)).
(3) Federal lands transportation program.--Of the amounts
otherwise made available to the National Park Service under
section 203 of title 23, United States Code, not less than 10
percent shall be set aside for purposes of this section.
(b) Eligibility and Federal Share.--The amounts under subsection (a)
shall be--
(1) available to the National Park Service only for projects
that--
(A) are eligible under section 203 of title 23,
United States Code; and
(B) are located on bridges on the National Highway
System that were originally constructed before 1945 and
are in poor condition; and
(2) subject to the Federal share described in section
201(b)(7)(A) of title 23, United States Code.
(c) Other Funds and Obligation Limitation.--Any funds and obligation
limitation transferred under subsection (a) shall be in addition to
funds or obligation limitation otherwise made available
[[Page 131 STAT. 741]]
to the National Park Service under sections 203 and 204 of title 23,
United States Code.
Sec. 123. Not <<NOTE: Deadline. Public information. Waivers. 23 USC
313 note.>> less than 15 days prior to waiving, under his or her
statutory authority, any Buy America requirement for Federal-aid
highways projects, the Secretary of Transportation shall make an
informal public notice and comment opportunity on the intent to issue
such waiver and the reasons therefor: Provided,
That <<NOTE: Reports.>> the Secretary shall provide an annual report to
the House and Senate Committees on Appropriations on any waivers granted
under the Buy America requirements.
Sec. 124. None <<NOTE: Deadline. Notification.>> of the funds in
this Act to the Department of Transportation may be used to provide
credit assistance unless not less than 3 days before any application
approval to provide credit assistance under sections 603 and 604 of
title 23, United States Code, the Secretary of Transportation provides
notification in writing to the following committees: the House and
Senate Committees on Appropriations; the Committee on Environment and
Public Works and the Committee on Banking, Housing and Urban Affairs of
the Senate; and the Committee on Transportation and Infrastructure of
the House of Representatives: Provided, That such notification shall
include, but not be limited to, the name of the project sponsor; a
description of the project; whether credit assistance will be provided
as a direct loan, loan guarantee, or line of credit; and the amount of
credit assistance.
Sec. 125. None <<NOTE: Time period. Notification.>> of the funds
in this Act may be used to make a grant for a project under section 117
of title 23, United States Code, unless the Secretary, at least 60 days
before making a grant under that section, provides written notification
to the House and Senate Committees on Appropriations of the proposed
grant, including an evaluation and justification for the project and the
amount of the proposed grant award.
Federal Motor Carrier Safety Administration
motor carrier safety operations and programs
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the implementation, execution
and administration of motor carrier safety operations and programs
pursuant to section 31110 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $277,200,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account), together with advances and reimbursements received by the
Federal Motor Carrier Safety Administration, the sum of which shall
remain available until expended: Provided, That funds available for
implementation, execution or administration of motor carrier safety
operations and programs authorized under title 49, United States Code,
shall not exceed total obligations of $277,200,000 for ``Motor Carrier
Safety Operations and Programs'' for fiscal year 2017, of which
$9,180,000, to remain available for obligation until September 30, 2019,
is for the research and technology program.
[[Page 131 STAT. 742]]
motor carrier safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out sections 31102,
31103, 31104, and 31313 of title 49, United States Code, as amended by
the Fixing America's Surface Transportation Act, $367,000,000, to be
derived from the Highway Trust Fund (other than the Mass Transit
Account) and to remain available until expended: Provided, That funds
available for the implementation or execution of motor carrier safety
programs shall not exceed total obligations of $367,000,000 in fiscal
year 2017 for ``Motor Carrier Safety Grants''; of which $292,600,000
shall be available for the motor carrier safety assistance program,
$31,200,000 shall be available for the commercial driver's license
program implementation program, $42,200,000 shall be available for the
high priority activities program, and $1,000,000 shall be available for
the commercial motor vehicle operators grant program.
administrative provisions--federal motor carrier safety administration
Sec. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of Public
Law 107-87 and section 6901 of Public Law 110-28.
Sec. 131. The <<NOTE: Notice.>> Federal Motor Carrier Safety
Administration shall send notice of 49 CFR section 385.308 violations by
certified mail, registered mail, or another manner of delivery, which
records the receipt of the notice by the persons responsible for the
violations.
Sec. 132. None <<NOTE: Deadline. Certification.>> of the funds
made available by this Act or previous appropriations Acts under the
heading ``Motor Carrier Safety Operations and Programs'' shall be used
to pay for costs associated with design, development, testing, or
implementation of a wireless roadside inspection program until 180 days
after the Secretary of Transportation certifies to the House and Senate
Committees on Appropriations that such program does not conflict with
existing non-Federal electronic screening systems, create capabilities
already available, or require additional statutory authority to
incorporate generated inspection data into safety determinations or
databases, and has restrictions to specifically address privacy concerns
of affected motor carriers and operators.
National Highway Traffic Safety Administration
operations and research
For expenses necessary to discharge the functions of the Secretary,
with respect to traffic and highway safety authorized under chapter 301
and part C of subtitle VI of title 49, United States Code, $180,075,000,
of which $20,000,000 shall remain available through September 30, 2018.
[[Page 131 STAT. 743]]
operations and research
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out the provisions
of 23 U.S.C. 403, and chapter 303 of title 49, United States Code,
$145,900,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account) and to remain available until expended: Provided,
That none of the funds in this Act shall be available for the planning
or execution of programs the total obligations for which, in fiscal year
2017, are in excess of $145,900,000, of which $140,700,000 shall be for
programs authorized under 23 U.S.C. 403 and $5,200,000 shall be for the
National Driver Register authorized under chapter 303 of title 49,
United States Code: Provided further, That within the $145,900,000
obligation limitation for operations and research, $20,000,000 shall
remain available until September 30, 2018, and shall be in addition to
the amount of any limitation imposed on obligations for future years.
highway traffic safety grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in carrying out provisions of 23
U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing America's
Surface Transportation Act, to remain available until expended,
$585,372,000, to be derived from the Highway Trust Fund (other than the
Mass Transit Account): Provided, That none of the funds in this Act
shall be available for the planning or execution of programs the total
obligations for which, in fiscal year 2017, are in excess of
$585,372,000 for programs authorized under 23 U.S.C. 402, 404, and 405,
and section 4001(a)(6) of the Fixing America's Surface Transportation
Act, of which $252,300,000 shall be for ``Highway Safety Programs''
under 23 U.S.C. 402; $277,500,000 shall be for ``National Priority
Safety Programs'' under 23 U.S.C. 405; $29,500,000 shall be for ``High
Visibility Enforcement Program'' under 23 U.S.C. 404; $26,072,000 shall
be for ``Administrative Expenses'' under section 4001(a)(6) of the
Fixing America's Surface Transportation Act: Provided further, That
none of these funds shall be used for construction, rehabilitation, or
remodeling costs, or for office furnishings and fixtures for State,
local or private buildings or structures: Provided further, That not to
exceed $500,000 of the funds made available for ``National Priority
Safety Programs'' under 23 U.S.C. 405 for ``Impaired Driving
Countermeasures'' (as described in subsection (d) of that section) shall
be available for technical assistance to the States: Provided further,
That with respect to the ``Transfers'' provision under 23 U.S.C.
405(a)(8), any amounts transferred to increase the amounts made
available under section 402 shall include the obligation authority
[[Page 131 STAT. 744]]
for such amounts: Provided further,
That <<NOTE: Notification. Deadline.>> the Administrator shall notify
the House and Senate Committees on Appropriations of any exercise of the
authority granted under the previous proviso or under 23 U.S.C.
405(a)(8) within 5 days.
administrative provisions--national highway traffic safety
administration
Sec. 140. An additional $130,000 shall be made available to the
National Highway Traffic Safety Administration, out of the amount
limited for section 402 of title 23, United States Code, to pay for
travel and related expenses for State management reviews and to pay for
core competency development training and related expenses for highway
safety staff.
Sec. 141. The limitations on obligations for the programs of the
National Highway Traffic Safety Administration set in this Act shall not
apply to obligations for which obligation authority was made available
in previous public laws but only to the extent that the obligation
authority has not lapsed or been used.
Sec. 142. None of the funds made available by this Act may be used
to obligate or award funds for the National Highway Traffic Safety
Administration's National Roadside Survey.
Sec. 143. None of the funds made available by this Act may be used
to mandate global positioning system (GPS) tracking in private passenger
motor vehicles without providing full and appropriate consideration of
privacy concerns under 5 U.S.C. chapter 5, subchapter II.
Federal Railroad Administration
safety and operations
For necessary expenses of the Federal Railroad Administration, not
otherwise provided for, $218,298,000, of which $15,900,000 shall remain
available until expended.
railroad research and development
For necessary expenses for railroad research and development,
$40,100,000, to remain available until expended.
railroad rehabilitation and improvement financing program
The Secretary of Transportation is authorized to issue direct loans
and loan guarantees pursuant to sections 501 through 504 of the Railroad
Revitalization and Regulatory Reform Act of 1976 (Public Law 94-210), as
amended, such authority shall exist as long as any such direct loan or
loan guarantee is outstanding: Provided, That <<NOTE: Loans.>>
pursuant to section 502 of such Act, as amended, no new direct loans or
loan guarantee commitments shall be made using Federal funds for the
credit risk premium during fiscal year 2017, except for Federal funds
awarded in accordance with section 3028(c) of Public Law 114-94.
federal-state partnership for state of good repair grants
For necessary expenses related to Federal-State Partnership for
State of Good Repair Grants as authorized by section 24911
[[Page 131 STAT. 745]]
of title 49, United States Code, $25,000,000, to remain available until
expended: Provided, That the Secretary may withhold up to one percent
of the amount provided under this heading for the costs of project
management oversight of grants carried out under section 24911 of title
49, United States Code.
consolidated rail infrastructure and safety improvements grants
For necessary expenses related to Consolidated Rail Infrastructure
and Safety Improvements Grants as authorized by section 24407 of title
49, United States Code, $68,000,000, to remain available until expended,
for projects eligible under sections 24407(c)(1) through 24407(c)(10) of
title 49, United States Code, of which $10,000,000 shall be available
for eligible projects under section 24407(c)(2) of title 49, United
States Code, that contribute to the initiation or restoration of
intercity passenger rail service: Provided, That the Secretary may
withhold up to one percent of the amount provided under this heading for
the costs of project management oversight of grants carried out under
section 24407 of title 49, United States Code.
restoration and enhancement grants
For necessary expenses related to Restoration and Enhancement
Grants, as authorized by section 24408 of title 49, United States Code,
$5,000,000, to remain available until expended: Provided, That the
Secretary may withhold up to one percent of the funds provided under
this heading to fund the costs of project management and oversight.
northeast corridor grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the Northeast Corridor as authorized by section 11101(a) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$328,000,000, to remain available until expended: Provided, That the
Secretary may retain up to one-half of 1 percent of the funds provided
under both this heading and the National Network Grants to the National
Railroad Passenger Corporation heading to fund the costs of project
management and oversight of activities authorized by section 11101(c) of
division A of Public Law 114-94: Provided further, That in addition to
the project management oversight funds authorized under section 11101(c)
of division A of Public Law 114-94, the Secretary may retain up to an
additional $5,000,000 of the funds provided under this heading to fund
expenses associated with the Northeast Corridor Commission established
under section 24905 of title 49, United States Code: Provided further,
That of the amounts made available under this heading and the National
Network Grants to the National Railroad Passenger Corporation heading,
not less than $50,000,000 shall be made available to bring Amtrak-served
facilities and stations into compliance with the Americans with
Disabilities Act.
[[Page 131 STAT. 746]]
national network grants to the national railroad passenger corporation
To enable the Secretary of Transportation to make grants to the
National Railroad Passenger Corporation for activities associated with
the National Network as authorized by section 11101(b) of the Fixing
America's Surface Transportation Act (division A of Public Law 114-94),
$1,167,000,000, to remain available until expended: Provided, That the
Secretary may retain up to an additional $2,000,000 of the funds
provided under this heading to fund expenses associated with the State-
Supported Route Committee established under 24712 of title 49, United
States Code.
administrative provisions--federal railroad administration
Sec. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs in excess
of $35,000 for any individual employee: <<NOTE: Waiver
authority. Determination.>> Provided, That the President of Amtrak may
waive the cap set in the previous proviso for specific employees when
the President of Amtrak determines such a cap poses a risk to the safety
and operational efficiency of the system: Provided further,
That <<NOTE: Reports. Deadline.>> the President of Amtrak shall report
to the House and Senate Committees on Appropriations each quarter within
30 days of such quarter of the calendar year on waivers granted to
employees and amounts paid above the cap for each month within such
quarter and delineate the reasons each waiver was granted: Provided
further, That <<NOTE: Reports. Deadline. Summary. Time periods.>> the
President of Amtrak shall report to the House and Senate Committees on
Appropriations by March 1, 2017, a summary of all overtime payments
incurred by the Corporation for 2016 and the three prior calendar years:
Provided further, That such summary shall include the total number of
employees that received waivers and the total overtime payments the
Corporation paid to those employees receiving waivers for each month for
2016 and for the three prior calendar years.
Federal Transit Administration
administrative expenses
For necessary administrative expenses of the Federal Transit
Administration's programs authorized by chapter 53 of title 49, United
States Code, $113,165,000: Provided, That none of the funds provided or
limited in this Act may be used to create a permanent office of transit
security under this heading: <<NOTE: Deadline. Reports. Time period.>>
Provided further, That upon submission to the Congress of the fiscal
year 2018 President's budget, the Secretary of Transportation shall
transmit to Congress the annual report on New Starts, including proposed
allocations for fiscal year 2018.
[[Page 131 STAT. 747]]
transit formula grants
(liquidation of contract authorization)
(limitation on obligations)
(highway trust fund)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment of
obligations incurred in carrying out the provisions of 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act, and
section 20005(b) of Public Law 112-141, and sections 3006(b) and 3028 of
the Fixing America's Surface Transportation Act, $10,800,000,000, to be
derived from the Mass Transit Account of the Highway Trust Fund and to
remain available until expended: Provided, That funds available for the
implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339, and
5340, as amended by the Fixing America's Surface Transportation Act, and
section 20005(b) of Public Law 112-141, and sections 3006(b) and 3028 of
the Fixing America's Surface Transportation Act, shall not exceed total
obligations of $9,733,706,043 in fiscal year 2017: Provided further,
That the Federal share of the cost of activities carried out under
section 5312 shall not exceed 80 percent, except that if there is
substantial public interest or benefit, the Secretary may approve a
greater Federal share.
technical assistance and training
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000.
capital investment grants
For necessary expenses to carry out 49 U.S.C. 5309 and section
3005(b) of the FAST Act, $2,412,631,000, to remain available until
expended.
grants to the washington metropolitan area transit authority
For grants to the Washington Metropolitan Area Transit Authority as
authorized under section 601 of division B of Public Law 110-432,
$150,000,000, to remain available until expended: Provided, That the
Secretary of Transportation shall approve grants for capital and
preventive maintenance expenditures for the Washington Metropolitan Area
Transit Authority only after receiving and reviewing a request for each
specific project: Provided further, That <<NOTE: Certification.>>
prior to approving such grants, the Secretary shall certify that the
Washington Metropolitan Area Transit Authority is making progress to
improve its safety management system in response to the Federal Transit
Administration's 2015 safety management inspection: Provided further,
That <<NOTE: Certification.>> prior to approving such grants, the
Secretary shall certify that the Washington Metropolitan Area Transit
Authority is making progress toward full implementation of the
corrective actions identified in the 2014 Financial Management Oversight
Review Report: Provided further, That <<NOTE: Determination.>> the
Secretary
[[Page 131 STAT. 748]]
shall determine that the Washington Metropolitan Area Transit Authority
has placed the highest priority on those investments that will improve
the safety of the system before approving such grants: Provided
further, That <<NOTE: Waiver authority.>> the Secretary, in order to
ensure safety throughout the rail system, may waive the requirements of
section 601(e)(1) of division B of Public Law 110-432 (112 Stat. 4968).
administrative provisions--federal transit administration
(including rescission)
Sec. 160. The limitations on obligations for the programs of the
Federal Transit Administration shall not apply to any authority under 49
U.S.C. 5338, previously made available for obligation, or to any other
authority previously made available for obligation.
Sec. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ``Fixed Guideway
Capital Investment'' of the Federal Transit Administration for projects
specified in this Act or identified in reports accompanying this Act not
obligated by September 30, 2021, and other recoveries, shall be directed
to projects eligible to use the funds for the purposes for which they
were originally provided.
Sec. 162. Notwithstanding <<NOTE: Deadline. Transfer authority.>>
any other provision of law, any funds appropriated before October 1,
2016, under any section of chapter 53 of title 49, United States Code,
that remain available for expenditure, may be transferred to and
administered under the most recent appropriation heading for any such
section.
Sec. 163. (a) <<NOTE: Texas.>> Except as provided in subsection
(b), none of the funds in this or any other Act may be available to
advance in any way a new light or heavy rail project towards a full
funding grant agreement as defined by 49 U.S.C. 5309 for the
Metropolitan Transit Authority of Harris County, Texas if the proposed
capital project is constructed on or planned to be constructed on
Richmond Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas.
(b) The Metropolitan Transit Authority of Harris County, Texas, may
attempt to construct or construct a new fixed guideway capital project,
including light rail, in the locations referred to in subsection (a)
if--
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of a
comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed
guideway capital projects, including light rail for the
jurisdiction set forth in the ballot proposition. The ballot
language shall include reasonable cost estimates, sources of
revenue to be used and the total amount of bonded indebtedness
to be incurred as well as a description of each route and the
beginning and end point of each proposed transit project.
Sec. 164. Any unobligated amounts made available for fiscal year
2012 or prior fiscal years to carry out the discretionary job access and
reverse commute program under section 3037 of the transportation equity
act for the 21st century are hereby rescinded:
[[Page 131 STAT. 749]]
Provided, That such amounts are made available for projects eligible
under 49 U.S.C. 5309(q).
Sec. 165. Section 5307(a) of title 49, United States Code, is
amended by striking paragraphs (2) and (3) and inserting the following:
``(2) The Secretary may make grants under this section to
finance the operating cost of equipment and facilities for use
in public transportation, excluding rail fixed guideway, in an
urbanized area with a population of not fewer than 200,000
individuals, as determined by the Bureau of the Census--
``(A) for public transportation systems that--
``(i) operate 75 or fewer buses in fixed route
service or demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 75
percent of the share of the apportionment which is
attributable to such systems within the urbanized
area, as measured by vehicle revenue hours; or
``(ii) operate a minimum of 76 buses and a
maximum of 100 buses in fixed route service or
demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 50
percent of the share of the apportionment which is
attributable to such systems within the urbanized
area, as measured by vehicle revenue hours; or
``(B) subject to paragraph (3), for public
transportation systems that--
``(i) operate 75 or fewer buses in fixed route
service or demand response service, excluding ADA
complementary paratransit service, during peak
service hours, in an amount not to exceed 75
percent of the share of the apportionment
allocated to such systems within the urbanized
area, as determined by the local planning process
and included in the designated recipient's final
program of projects prepared under subsection (b);
or
``(ii) operate a minimum of 76 buses and a
maximum of 100 buses in fixed route service or
demand response service, excluding ADA
complementary paratransit service during peak
service hours, in an amount not to exceed 50
percent of the share of the apportionment
allocated to such systems within the urbanized
area, as determined by the local planning process
and included in the designated recipient's final
program of projects prepared under subsection (b).
``(3) The amount available to a public transportation system
under subparagraph (B) of paragraph (2) shall be not more than
10 percent greater than the amount that would otherwise be
available to the system under subparagraph (A) of that
paragraph.''.
Saint Lawrence Seaway Development Corporation
The <<NOTE: Expenditure authority. Contracts.>> Saint Lawrence
Seaway Development Corporation is hereby authorized to make such
expenditures, within the limits
[[Page 131 STAT. 750]]
of funds and borrowing authority available to the Corporation, and in
accord with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of the
Government Corporation Control Act, as amended, as may be necessary in
carrying out the programs set forth in the Corporation's budget for the
current fiscal year.
operations and maintenance
(harbor maintenance trust fund)
For necessary expenses to conduct the operations, maintenance, and
capital asset renewal activities of those portions of the St. Lawrence
Seaway owned, operated, and maintained by the Saint Lawrence Seaway
Development Corporation, $36,028,000, to be derived from the Harbor
Maintenance Trust Fund, pursuant to Public Law 99-662.
Maritime Administration
maritime security program
For necessary expenses to maintain and preserve a U.S.-flag merchant
fleet to serve the national security needs of the United States,
$300,000,000, to remain available until expended.
operations and training
For necessary expenses of operations and training activities
authorized by law, $175,560,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training ships at
State Maritime Academies, and of which $6,000,000 shall remain available
until expended for National Security Multi-Mission Vessel Program for
State Maritime Academies and National Security, and of which $2,400,000
shall remain available through September 30, 2018, for the Student
Incentive Program at State Maritime Academies, and of which $1,800,000
shall remain available until expended for training ship fuel assistance
payments, and of which $14,218,000 shall remain available until expended
for facilities maintenance and repair, equipment, and capital
improvements at the United States Merchant Marine Academy, and of which
$3,000,000 shall remain available through September 30, 2018, for
Maritime Environment and Technology Assistance program authorized under
section 50307 of title 46, United States Code, and of which $5,000,000
shall remain available until expended for the Short Sea Transportation
Program (America's Marine Highways) to make grants for the purposes
authorized under sections 55601(b)(1) and (3) of title 46, United States
Code: <<NOTE: Deadline. Reports.>> Provided, That not later than
January 12, 2018, the Administrator of the Maritime Administration shall
transmit to the House and Senate Committees on Appropriations the annual
report on sexual assault and sexual harassment at the United States
Merchant Marine Academy as required pursuant to section 3507 of Public
Law 110-417.
assistance to small shipyards
To <<NOTE: Grants. Deadlines.>> make grants to qualified shipyards
as authorized under section 54101 of title 46, United States Code, as
amended by Public
[[Page 131 STAT. 751]]
Law 113-281, $10,000,000 to remain available until expended: Provided,
That <<NOTE: Notice.>> the Secretary shall issue the Notice of Funding
Availability no later than 15 days after enactment of this Act:
Provided further, That <<NOTE: Determination.>> from applications
submitted under the previous proviso, the Secretary of Transportation
shall make grants no later than 120 days after enactment of this Act in
such amounts as the Secretary determines: Provided further, That not to
exceed 2 percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.
ship disposal
For necessary expenses related to the disposal of obsolete vessels
in the National Defense Reserve Fleet of the Maritime Administration,
$34,000,000, to remain available until expended, of which $24,000,000
shall be for the decommissioning of the Nuclear Ship Savannah.
maritime guaranteed loan (title xi) program account
(including transfer of funds)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged with the
appropriations for ``Operations and Training'', Maritime Administration.
administrative provisions--maritime administration
Sec. 170. Notwithstanding <<NOTE: Contracts.>> any other provision
of this Act, in addition to any existing authority, the Maritime
Administration is authorized to furnish utilities and services and make
necessary repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall be
credited to the appropriation charged with the cost thereof and shall
remain available until expended: Provided further, That rental payments
under any such lease, contract, or occupancy for items other than such
utilities, services, or repairs shall be covered into the Treasury as
miscellaneous receipts.
Sec. 171. None <<NOTE: Contracts.>> of the funds available or
appropriated in this Act shall be used by the United States Department
of Transportation or the United States Maritime Administration to
negotiate or otherwise execute, enter into, facilitate or perform fee-
for-service contracts for vessel disposal, scrapping or recycling,
unless there is no qualified domestic ship recycler that will pay any
sum of money to purchase and scrap or recycle a vessel owned, operated
or managed by the Maritime Administration or that is part of the
National Defense Reserve Fleet: Provided, That such sales offers must
be consistent with the solicitation and provide that the work will be
performed in a timely manner at a facility qualified within the meaning
of section 3502 of Public Law 106-398: Provided further, That nothing
contained herein shall affect the Maritime Administration's authority to
award contracts at least cost to the Federal Government and consistent
with the requirements of 54 U.S.C. 308704, section 3502, or otherwise
authorized under the Federal Acquisition Regulation.
[[Page 131 STAT. 752]]
Pipeline and Hazardous Materials Safety Administration
operational expenses
For necessary operational expenses of the Pipeline and Hazardous
Materials Safety Administration, $22,500,000: Provided,
That <<NOTE: Regulations. Plans. Deadline. 49 USC 60102 note.>> the
Secretary of Transportation shall issue a final rule to expand the
applicability of comprehensive oil spill response plans no later than
August 1, 2017: Provided further, That $1,500,000 shall be for
``Pipeline Safety Information Grants to Communities'' as authorized
under section 60130 of title 49, United States Code.
hazardous materials safety
For expenses necessary to discharge the hazardous materials safety
functions of the Pipeline and Hazardous Materials Safety Administration,
$57,000,000, of which $7,570,000 shall remain available until September
30, 2019: Provided, That up to $800,000 in fees collected under 49
U.S.C. 5108(g) shall be deposited in the general fund of the Treasury as
offsetting receipts: Provided further, That there may be credited to
this appropriation, to be available until expended, funds received from
States, counties, municipalities, other public authorities, and private
sources for expenses incurred for training, for reports publication and
dissemination, and for travel expenses incurred in performance of
hazardous materials exemptions and approvals functions.
pipeline safety
(pipeline safety fund)
(oil spill liability trust fund)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the pipeline
program responsibilities of the Oil Pollution Act of 1990, $156,288,000,
of which $20,288,000 shall be derived from the Oil Spill Liability Trust
Fund and shall remain available until September 30, 2019; and of which
$128,000,000 shall be derived from the Pipeline Safety Fund, of which
$63,335,000 shall remain available until September 30, 2019; and of
which $8,000,000 shall be derived from the Pipeline Safety Fund as
provided in 49 U.S.C. 60302 (section 12 of the PIPES Act of 2016 (Public
Law 114-183)) from the Underground Natural Gas Storage Facility Safety
Account for the purpose of carrying out 49 U.S.C. 60141 of such Act
(section 12 of the PIPES Act of 2016 (Public Law 114-183)), of which
$6,000,000 shall remain available until September 30, 2019: Provided,
That not less than $1,058,000 of the funds provided under this heading
shall be for the One-Call State grant program.
emergency preparedness grants
(emergency preparedness fund)
Notwithstanding the fiscal year limitation specified in 49 U.S.C.
5116, not more than $28,318,000 shall be made available for obligation
in fiscal year 2017 from amounts made available by 49 U.S.C.
[[Page 131 STAT. 753]]
5116(h), and 5128(b) and (c): Provided, That notwithstanding 49 U.S.C.
5116(h)(4), not more than 4 percent of the amounts made available from
this account shall be available to pay administrative costs: Provided
further, That none of the funds made available by 49 U.S.C. 5116(h),
5128(b), or 5128(c) shall be made available for obligation by
individuals other than the Secretary of Transportation, or his or her
designee: Provided further, That notwithstanding 49 U.S.C. 5128(b) and
(c) and the current year obligation limitation, prior year recoveries
recognized in the current year shall be available to develop a hazardous
materials response training curriculum for emergency responders,
including response activities for the transportation of crude oil,
ethanol and other flammable liquids by rail, consistent with National
Fire Protection Association standards, and to make such training
available through an electronic format: Provided further, That the
prior year recoveries made available under this heading shall also be
available to carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i).
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of the Inspector General to
carry out the provisions of the Inspector General Act of 1978, as
amended, $90,152,000: Provided, That the Inspector General shall have
all necessary authority, in carrying out the duties specified in the
Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the Department of Transportation: Provided further, That the funds made
available under this heading may be used to investigate, pursuant to
section 41712 of title 49, United States Code: (1) unfair or deceptive
practices and unfair methods of competition by domestic and foreign air
carriers and ticket agents; and (2) the compliance of domestic and
foreign air carriers with respect to item (1) of this proviso.
General Provisions--Department of Transportation
Sec. 180. (a) During the current fiscal year, applicable
appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business;
and uniforms or allowances therefor, as authorized by law (5 U.S.C.
5901-5902).
(b) During the current fiscal year, applicable appropriations to the
Department and its operating administrations shall be available for the
purchase, maintenance, operation, and deployment of unmanned aircraft
systems that advance the Department's, or its operating
administrations', missions.
(c) Any unmanned aircraft system purchased or procured by the
Department prior to the enactment of this Act shall be deemed
authorized.
Sec. 181. Appropriations contained in this Act for the Department
of Transportation shall be available for services as authorized by 5
U.S.C. 3109, but at rates for individuals not to exceed the per diem
rate equivalent to the rate for an Executive Level IV.
[[Page 131 STAT. 754]]
Sec. 182. None <<NOTE: Political appointees.>> of the funds in
this Act shall be available for salaries and expenses of more than 110
political and Presidential appointees in the Department of
Transportation: Provided, That none of the personnel covered by this
provision may be assigned on temporary detail outside the Department of
Transportation.
Sec. 183. (a) No recipient of funds made available in this Act shall
disseminate personal information (as defined in 18 U.S.C. 2725(3))
obtained by a State department of motor vehicles in connection with a
motor vehicle record as defined in 18 U.S.C. 2725(1), except as provided
in 18 U.S.C. 2721 for a use permitted under 18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold
funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
Sec. 184. Funds received by the Federal Highway Administration and
Federal Railroad Administration from States, counties, municipalities,
other public authorities, and private sources for expenses incurred for
training may be credited respectively to the Federal Highway
Administration's ``Federal-Aid Highways'' account and to the Federal
Railroad Administration's ``Safety and Operations'' account, except for
State rail safety inspectors participating in training pursuant to 49
U.S.C. 20105.
Sec. 185. (a) <<NOTE: Loans. Grants. Notifications. Deadlines.>>
None of the funds provided in this Act to the Department of
Transportation may be used to make a loan, loan guarantee, line of
credit, or discretionary grant totaling $500,000 or more unless the
Secretary of Transportation notifies the House and Senate Committees on
Appropriations not less than 3 full business days before any project
competitively selected to receive any discretionary grant award, letter
of intent, loan commitment, loan guarantee commitment, line of credit
commitment, or full funding grant agreement is announced by the
Department or its modal administrations: Provided, That the Secretary
gives concurrent notification to the House and Senate Committees on
Appropriations for any ``quick release'' of funds from the emergency
relief program: Provided further, That no notification shall involve
funds that are not available for obligation.
(b) <<NOTE: Lists.>> In addition to the notification required in
subsection (a), none of the funds made available in this Act to the
Department of Transportation may be used to make a loan, loan guarantee,
line of credit, or discretionary grant unless the Secretary of
Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees,
lines of credit, or discretionary grants that will be announced not less
the 3 full business days before such announcement: Provided, That the
requirement to provide a list in this subsection does not apply to any
``quick release'' of funds from the emergency relief program: Provided
further, That no list shall involve funds that are not available for
obligation.
Sec. 186. Rebates, refunds, incentive payments, minor fees and
other funds received by the Department of Transportation from travel
management centers, charge card programs, the subleasing of building
space, and miscellaneous sources are to be credited to appropriations of
the Department of Transportation and allocated to elements of the
Department of Transportation using fair and equitable criteria and such
funds shall be available until expended.
[[Page 131 STAT. 755]]
Sec. 187. Amounts <<NOTE: Determination.>> made available in this
or any other Act that the Secretary determines represent improper
payments by the Department of Transportation to a third-party contractor
under a financial assistance award, which are recovered pursuant to law,
shall be available--
(1) <<NOTE: Reimbursement.>> to reimburse the actual
expenses incurred by the Department of Transportation in
recovering improper payments; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation of
the Improper Payments Information Act of 2002: Provided, That
amounts in excess of that required for paragraphs (1) and (2)--
(A) shall be credited to and merged with the
appropriation from which the improper payments were
made, and shall be available for the purposes and period
for which such appropriations are available: Provided
further, That where specific project or accounting
information associated with the improper payment or
payments is not readily available, the Secretary may
credit an appropriate account, which shall be available
for the purposes and period associated with the account
so credited; or
(B) if no such appropriation remains available,
shall be deposited in the Treasury as miscellaneous
receipts: Provided further,
That <<NOTE: Notification.>> prior to the transfer of
any such recovery to an appropriations account, the
Secretary shall notify the House and Senate Committees
on Appropriations of the amount and reasons for such
transfer: Provided further, That <<NOTE: Definition.>>
for purposes of this section, the term ``improper
payments'' has the same meaning as that provided in
section 2(d)(2) of Public Law 107-300.
Sec. 188. Notwithstanding <<NOTE: Notification.>> any other
provision of law, if any funds provided in or limited by this Act are
subject to a reprogramming action that requires notice to be provided to
the House and Senate Committees on Appropriations, transmission of said
reprogramming notice shall be provided solely to the House and Senate
Committees on Appropriations, and said reprogramming action shall be
approved or denied solely by the House and Senate Committees on
Appropriations: Provided, That <<NOTE: Deadline.>> the Secretary of
Transportation may provide notice to other congressional committees of
the action of the House and Senate Committees on Appropriations on such
reprogramming but not sooner than 30 days following the date on which
the reprogramming action has been approved or denied by the House and
Senate Committees on Appropriations.
Sec. 189. Funds appropriated in this Act to the modal
administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when such
amounts are for the costs of goods and services that are purchased to
provide a direct benefit to the applicable modal administration or
administrations.
Sec. 190. The Secretary of Transportation is authorized to carry
out a program that establishes uniform standards for developing and
supporting agency transit pass and transit benefits authorized under
section 7905 of title 5, United States Code, including distribution of
transit benefits by various paper and electronic media.
[[Page 131 STAT. 756]]
Sec. 191. The Department of Transportation may use funds provided
by this Act, or any other Act, to assist a contract under title 49
U.S.C. or title 23 U.S.C. utilizing geographic, economic, or any other
hiring preference not otherwise authorized by law, or to amend a rule,
regulation, policy or other measure that forbids a recipient of a
Federal Highway Administration or Federal Transit Administration grant
from imposing such hiring preference on a contract or construction
project with which the Department of Transportation is assisting, only
if the grant recipient certifies the following:
(1) that except with respect to apprentices or trainees, a
pool of readily available but unemployed individuals possessing
the knowledge, skill, and ability to perform the work that the
contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate
provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does not
delay or displace any transportation project in the applicable
Statewide Transportation Improvement Program or Transportation
Improvement Program.
Sec. 192. Section 5303(r)(2)(C) of title 49, United States Code, is
amended--
(1) by inserting ``and 25 square miles of land area'' after
``145,000''; and
(2) by inserting ``and 12 square miles of land area'' after
``65,000''.
This title may be cited as the ``Department of Transportation
Appropriations Act, 2017''.
TITLE II <<NOTE: Department of Housing and Urban Development Act
Appropriations, 2017.>>
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
Management and Administration
executive offices
For necessary salaries and expenses for Executive Offices, which
shall be comprised of the offices of the Secretary, Deputy Secretary,
Adjudicatory Services, Congressional and Intergovernmental Relations,
Public Affairs, Small and Disadvantaged Business Utilization, and the
Center for Faith-Based and Neighborhood Partnerships, $14,000,000:
Provided, That not to exceed $25,000 of the amount made available under
this heading shall be available to the Secretary for official reception
and representation expenses as the Secretary may determine.
administrative support offices
For necessary salaries and expenses for Administrative Support
Offices, $517,647,000, of which $53,000,000 shall be available for the
Office of the Chief Financial Officer; $95,250,000 shall be available
for the Office of the General Counsel; $206,500,000 shall be available
for the Office of Administration, and of which, no less than $4,500,000
shall be available for the cost of consolidation
[[Page 131 STAT. 757]]
and reconfiguration of space in the Weaver Building in accordance with
the space consolidation plan which would bring employees back into such
Building and reduce the amount of leased space for such employees
outside of such Building; $40,250,000 shall be available for the Office
of the Chief Human Capital Officer; $51,000,000 shall be available for
the Office of Field Policy and Management; $18,067,000 shall be
available for the Office of the Chief Procurement Officer; $3,830,000
shall be available for the Office of Departmental Equal Employment
Opportunity; $4,500,000 shall be available for the Office of Strategic
Planning and Management; and $45,250,000 shall be available for the
Office of the Chief Information Officer: Provided, That funds provided
under this heading may be used for necessary administrative and non-
administrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of uniforms,
or allowances therefor, as authorized by 5 U.S.C. 5901-5902; hire of
passenger motor vehicles; and services as authorized by 5 U.S.C. 3109:
Provided further, That notwithstanding any other provision of law, funds
appropriated under this heading may be used for advertising and
promotional activities that directly support program activities funded
in this title: Provided further,
That <<NOTE: Deadlines. Notification. Reports.>> the Secretary shall
provide the House and Senate Committees on Appropriations quarterly
written notification regarding the status of pending congressional
reports: Provided further, That <<NOTE: Reports. Electronic
submission.>> the Secretary shall provide in electronic form all signed
reports required by Congress.
Program Office Salaries and Expenses
public and indian housing
For necessary salaries and expenses of the Office of Public and
Indian Housing, $216,000,000.
community planning and development
For necessary salaries and expenses of the Office of Community
Planning and Development, $110,000,000.
housing
For necessary salaries and expenses of the Office of Housing,
$392,000,000.
policy development and research
For necessary salaries and expenses of the Office of Policy
Development and Research, $24,000,000.
fair housing and equal opportunity
For necessary salaries and expenses of the Office of Fair Housing
and Equal Opportunity, $72,000,000.
office of lead hazard control and healthy homes
For necessary salaries and expenses of the Office of Lead Hazard
Control and Healthy Homes, $9,353,000.
[[Page 131 STAT. 758]]
working capital fund
(including transfer of funds)
For <<NOTE: Determination.>> the working capital fund for the
Department of Housing and Urban Development (referred to in this
paragraph as the ``Fund''), pursuant, in part, to section 7(f) of the
Department of Housing and Urban Development Act (42 U.S.C. 3535(f)),
amounts transferred to the Fund under this heading shall be available
for Federal shared services used by offices and agencies of the
Department, and for such portion of any office or agency's printing,
records management, space renovation, furniture, or supply services as
the Secretary determines shall be derived from centralized sources made
available by the Department to all offices and agencies and funded
through the Fund: Provided, That of the amounts made available in this
title for salaries and expenses under the headings ``Executive
Offices'', ``Administrative Support Offices'', ``Program Office Salaries
and Expenses'', and ``Government National Mortgage Association'', the
Secretary shall transfer to the Fund such amounts, to remain available
until expended, as are necessary to fund services, specified in the
first proviso, for which the appropriation would otherwise have been
available, and may transfer not to exceed an additional $10,000,000, in
aggregate, from all such appropriations, to be merged with the Fund and
to remain available until expended for use for any office or agency:
Provided further, That amounts in the Fund shall be the only amounts
available to each office or agency of the Department for the services,
or portion of services, specified in the first proviso: Provided
further, That with respect to the Fund, the authorities and conditions
under this heading shall supplement the authorities and conditions
provided under section 7(f).
Public and Indian Housing
tenant-based rental assistance
For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act of
1937, as amended (42 U.S.C. 1437 et seq.) (``the Act'' herein), not
otherwise provided for, $16,292,000,000, to remain available until
expended, shall be available on October 1, 2016 (in addition to the
$4,000,000,000 previously appropriated under this heading that shall be
available on October 1, 2016), and $4,000,000,000, to remain available
until expended, shall be available on October 1, 2017: Provided, That
the amounts made available under this heading are provided as follows:
(1) <<NOTE: Determinations.>> $18,355,000,000 shall be
available for renewals of expiring section 8 tenant-based annual
contributions contracts (including renewals of enhanced vouchers
under any provision of law authorizing such assistance under
section 8(t) of the Act) and including renewal of other special
purpose incremental vouchers: Provided,
That <<NOTE: Applicability. Notice. Federal
Register, publication. Vouchers. Determinations.>>
notwithstanding any other provision of law, from amounts
provided under this paragraph and any carryover, the Secretary
for the calendar year 2017 funding cycle shall provide renewal
funding for each public housing agency based on validated
voucher management system (VMS) leasing and cost data for the
prior calendar year and by applying an inflation factor as
established by the Secretary,
[[Page 131 STAT. 759]]
by notice published in the Federal Register, and by making any
necessary adjustments for the costs associated with the first-
time renewal of vouchers under this paragraph including tenant
protection, HOPE VI, and Choice Neighborhoods vouchers:
Provided further, That none of the funds provided under this
paragraph may be used to fund a total number of unit months
under lease which exceeds a public housing agency's authorized
level of units under contract, except for public housing
agencies participating in the MTW demonstration, which are
instead governed by the terms and conditions of their MTW
agreements: Provided further, That the Secretary shall, to the
extent necessary to stay within the amount specified under this
paragraph (except as otherwise modified under this paragraph),
prorate each public housing agency's allocation otherwise
established pursuant to this paragraph: Provided further,
That <<NOTE: Notification. Deadline.>> except as provided in
the following provisos, the entire amount specified under this
paragraph (except as otherwise modified under this paragraph)
shall be obligated to the public housing agencies based on the
allocation and pro rata method described above, and the
Secretary shall notify public housing agencies of their annual
budget by the latter of 60 days after enactment of this Act or
March 1, 2017: Provided further, That <<NOTE: Time period.>>
the Secretary may extend the notification period with the prior
written approval of the House and Senate Committees on
Appropriations: Provided further, That public housing agencies
participating in the MTW demonstration shall be funded pursuant
to their MTW agreements and shall be subject to the same pro
rata adjustments under the previous provisos: Provided further,
That the Secretary may offset public housing agencies' calendar
year 2017 allocations based on the excess amounts of public
housing agencies' net restricted assets accounts, including HUD
held programmatic reserves (in accordance with VMS data in
calendar year 2016 that is verifiable and complete), as
determined by the Secretary: Provided further, That public
housing agencies participating in the MTW demonstration shall
also be subject to the offset, as determined by the Secretary,
excluding amounts subject to the single fund budget authority
provisions of their MTW agreements, from the agencies' calendar
year 2017 MTW funding allocation: Provided further, That the
Secretary shall use any offset referred to in the previous two
provisos throughout the calendar year to prevent the termination
of rental assistance for families as the result of insufficient
funding, as determined by the Secretary, and to avoid or reduce
the proration of renewal funding allocations: Provided further,
That up to $75,000,000 shall be available only: (1) for
adjustments in the allocations for public housing agencies,
after application for an adjustment by a public housing agency
that experienced a significant increase, as determined by the
Secretary, in renewal costs of vouchers resulting from
unforeseen circumstances or from portability under section 8(r)
of the Act; (2) for vouchers that were not in use during the
previous 12-month period in order to be available to meet a
commitment pursuant to section 8(o)(13) of the Act; (3) for
adjustments for costs associated with HUD-Veterans Affairs
Supportive Housing (HUD-VASH) vouchers; and (4) for public
housing agencies that despite taking reasonable cost savings
measures,
[[Page 131 STAT. 760]]
as determined by the Secretary, would otherwise be required to
terminate rental assistance for families as a result of
insufficient funding: Provided further, That the Secretary
shall allocate amounts under the previous proviso based on need,
as determined by the Secretary;
(2) $110,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are
demolished or disposed of pursuant to section 18 of the Act,
conversion of section 23 projects to assistance under section 8,
the family unification program under section 8(x) of the Act,
relocation of witnesses in connection with efforts to combat
crime in public and assisted housing pursuant to a request from
a law enforcement or prosecution agency, enhanced vouchers under
any provision of law authorizing such assistance under section
8(t) of the Act, HOPE VI and Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106-569, as amended, or under the
authority as provided under this Act: Provided, That when a
public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided further,
That <<NOTE: Time period.>> the Secretary may only provide
replacement vouchers for units that were occupied within the
previous 24 months that cease to be available as assisted
housing, subject only to the availability of funds: Provided
further, That of the amounts made available under this
paragraph, $5,000,000 may be available to provide tenant
protection assistance, not otherwise provided under this
paragraph, to residents residing in low vacancy areas and who
may have to pay rents greater than 30 percent of household
income, as the result of: (A) the maturity of a HUD-insured,
HUD-held or section 202 loan that requires the permission of the
Secretary prior to loan prepayment; (B) the expiration of a
rental assistance contract for which the tenants are not
eligible for enhanced voucher or tenant protection assistance
under existing law; or (C) the expiration of affordability
restrictions accompanying a mortgage or preservation program
administered by the Secretary: Provided further, That such
tenant protection assistance made available under the previous
proviso may be provided under the authority of section 8(t) or
section 8(o)(13) of the United States Housing Act of 1937 (42
U.S.C. 1437f(t)): Provided further,
That <<NOTE: Termination.>> any tenant protection voucher made
available from amounts under this paragraph shall not be
reissued by any public housing agency, except the replacement
vouchers as defined by the Secretary by notice, when the initial
family that received any such voucher no longer receives such
voucher, and the authority for any public housing agency to
issue any such voucher shall cease to exist: Provided further,
That the Secretary may provide section 8 rental assistance from
amounts made available under this paragraph for units assisted
under a project-based subsidy contract funded under the
``Project-Based Rental Assistance'' heading under this title
where the
[[Page 131 STAT. 761]]
owner has received a Notice of Default and the units pose an
imminent health and safety risk to residents: Provided further,
That <<NOTE: Determination.>> to the extent that the Secretary
determines that such units are not feasible for continued rental
assistance payments or transfer of the subsidy contract
associated with such units to another project or projects and
owner or owners, any remaining amounts associated with such
units under such contract shall be recaptured and used to
reimburse amounts used under this paragraph for rental
assistance under the preceding proviso;
(3) $1,650,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$10,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer
their section 8 programs, including fees associated with section
8 tenant protection rental assistance, the administration of
disaster related vouchers, Veterans Affairs Supportive Housing
vouchers, and other special purpose incremental vouchers:
Provided, That no less than $1,640,000,000 of the amount
provided in this paragraph shall be allocated to public housing
agencies for the calendar year 2017 funding cycle based on
section 8(q) of the Act (and related Appropriation Act
provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public Law
105-276): Provided further, That if the amounts made available
under this paragraph are insufficient to pay the amounts
determined under the previous proviso, the Secretary may
decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide full
payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the Department
of Housing and Urban Development under this heading from prior
fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing
agencies participating in the MTW demonstration shall be funded
pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the previous proviso:
Provided further, That amounts provided under this paragraph
shall be only for activities related to the provision of tenant-
based rental assistance authorized under section 8, including
related development activities;
(4) $120,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering the
special purpose vouchers in this paragraph shall be funded under
the same terms and be subject to the same pro rata reduction as
the percent decrease for administrative and other expenses to
public housing agencies under paragraph (3) of this heading:
Provided further, That any amounts provided under this paragraph
in this Act or prior Acts, remaining available after funding
renewals and administrative expenses
[[Page 131 STAT. 762]]
under this paragraph, shall be available for incremental tenant-
based assistance contracts under such section 811, including
necessary administrative expenses;
(5) $7,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD-VA Supportive Housing to
serve Native American veterans that are homeless or at-risk of
homelessness living on or near a reservation or other Indian
areas: Provided, That such amount shall be made available for
renewal grants to the recipients that received assistance under
the rental assistance and supportive housing demonstration
program for Native American veterans authorized under the
heading ``Tenant-Based Rental Assistance'' in title II of
division K of the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113-235, 128 Stat. 2733):
Provided further, That the Secretary shall be authorized to
specify criteria for renewal grants, including data on the
utilization of assistance reported by grant recipients under the
demonstration program: Provided further, That any amounts
remaining after such renewal assistance is awarded may be
available for new grants to recipients eligible to receive block
grants under the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. section 4101 et seq.) for
rental assistance and associated administrative fees for Tribal
HUD-VA Supportive Housing to serve Native American veterans that
are homeless or at-risk of homelessness living on or near a
reservation or other Indian areas: Provided further,
That <<NOTE: Notice. Federal Register, publication.>> funds
shall be awarded based on need, and administrative capacity
established by the Secretary in a Notice published in the
Federal Register after coordination with the Secretary of the
Department of Veterans Affairs: Provided further, That renewal
grants and new grants under this paragraph shall be administered
by block grant recipients in accordance with program
requirements under the Native American Housing Assistance and
Self-Determination Act of 1996: Provided further, That
assistance under this paragraph shall be modeled after, with
necessary and appropriate adjustments for Native American grant
recipients and veterans, the rental assistance and supportive
housing program known as HUD-VASH program, including
administration in conjunction with the Department of Veterans
Affairs and overall implementation of section 8(o)(19) of the
United States Housing Act of 1937: Provided further,
That <<NOTE: Waiver authority.>> the Secretary of Housing and
Urban Development may waive, or specify alternative requirements
for any provision of any statute or regulation that the
Secretary of Housing and Urban Development administers in
connection with the use of funds made available under this
paragraph (except for requirements related to fair housing,
nondiscrimination, labor standards, and the environment), upon a
finding by the Secretary that any such waivers or alternative
requirements are necessary for the effective delivery and
administration of such assistance: Provided further,
That <<NOTE: Reports.>> grant recipients shall report to the
Secretary on utilization of such rental assistance and other
program data, as prescribed by the Secretary;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered in
conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
[[Page 131 STAT. 763]]
Act of 1937: Provided, That <<NOTE: Consultation.>> the
Secretary of Housing and Urban Development shall make such
funding available, notwithstanding section 204 (competition
provision) of this title, to public housing agencies that
partner with eligible VA Medical Centers or other entities as
designated by the Secretary of the Department of Veterans
Affairs, based on geographical need for such assistance as
identified by the Secretary of the Department of Veterans
Affairs, public housing agency administrative performance, and
other factors as specified by the Secretary of Housing and Urban
Development in consultation with the Secretary of the Department
of Veterans Affairs: Provided further, That <<NOTE: Waiver
authority.>> the Secretary of Housing and Urban Development may
waive, or specify alternative requirements for (in consultation
with the Secretary of the Department of Veterans Affairs), any
provision of any statute or regulation that the Secretary of
Housing and Urban Development administers in connection with the
use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary
that any such waivers or alternative requirements are necessary
for the effective delivery and administration of such voucher
assistance: Provided further, That assistance made available
under this paragraph shall continue to remain available for
homeless veterans upon turn-over;
(7) $10,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the
assistance made available under this paragraph shall continue to
remain available for family unification upon turnover: Provided
further, That <<NOTE: Notification.>> for any public housing
agency administering voucher assistance appropriated in a prior
Act under the family unification program that determines that it
no longer has an identified need for such assistance upon
turnover, such agency shall notify the Secretary, and the
Secretary shall recapture such assistance from the agency and
reallocate it to any other public housing agency or agencies
based on need for voucher assistance in connection with such
program; and
(8) the Secretary shall separately track all special purpose
vouchers funded under this heading.
housing certificate fund
(including rescissions)
Unobligated <<NOTE: Contracts.>> balances, including recaptures and
carryover, remaining from funds appropriated to the Department of
Housing and Urban Development under this heading, the heading ``Annual
Contributions for Assisted Housing'' and the heading ``Project-Based
Rental Assistance'', for fiscal year 2017 and prior years may be used
for renewal of or amendments to section 8 project-based contracts and
for performance-based contract administrators, notwithstanding the
purposes for which such funds were appropriated: Provided, That any
obligated balances of contract authority from fiscal year 1974 and prior
that have been terminated shall be rescinded: Provided further, That
amounts heretofore recaptured, or recaptured during the current fiscal
year, from section 8 project-based contracts from source years fiscal
year 1975 through fiscal
[[Page 131 STAT. 764]]
year 1987 are hereby rescinded, and an amount of additional new budget
authority, equivalent to the amount rescinded is hereby appropriated, to
remain available until expended, for the purposes set forth under this
heading, in addition to amounts otherwise available.
public housing capital fund
For the Public Housing Capital Fund Program to carry out capital and
management activities for public housing agencies, as authorized under
section 9 of the United States Housing Act of 1937 (42 U.S.C. 1437g)
(the ``Act'') $1,941,500,000, to remain available until September 30,
2020: Provided, That notwithstanding any other provision of law or
regulation, during fiscal year 2017, the Secretary of Housing and Urban
Development may not delegate to any Department official other than the
Deputy Secretary and the Assistant Secretary for Public and Indian
Housing any authority under paragraph (2) of section 9(j) regarding the
extension of the time periods under such section: Provided further,
That <<NOTE: Definition.>> for purposes of such section 9(j), the term
``obligate'' means, with respect to amounts, that the amounts are
subject to a binding agreement that will result in outlays, immediately
or in the future: Provided further, That up to $10,000,000 shall be to
support ongoing public housing financial and physical assessment
activities: Provided further, That up to $1,000,000 shall be to support
the costs of administrative and judicial receiverships: Provided
further, That of the total amount provided under this heading, not to
exceed $21,500,000 shall be available for the Secretary to make grants,
notwithstanding section 204 of this Act, to public housing agencies for
emergency capital needs including safety and security measures necessary
to address crime and drug-related activity as well as needs resulting
from unforeseen or unpreventable emergencies and natural disasters
excluding Presidentially declared emergencies and natural disasters
under the Robert T. Stafford Disaster Relief and Emergency Act (42
U.S.C. 5121 et seq.) occurring in fiscal year 2017: Provided further,
That of the amount made available under the previous proviso, not less
than $5,000,000 shall be for safety and security measures: Provided
further, That in addition to the amount in the previous proviso for such
safety and security measures, any amounts that remain available, after
all applications received on or before September 30, 2018, for emergency
capital needs have been processed, shall be allocated to public housing
agencies for such safety and security measures: Provided further, That
of the total amount provided under this heading $35,000,000 shall be for
supportive services, service coordinator and congregate services as
authorized by section 34 of the Act (42 U.S.C. 1437z-6) and the Native
American Housing Assistance and Self-Determination Act of 1996 (25
U.S.C. 4101 et seq.): Provided further, That of the total amount made
available under this heading, $15,000,000 shall be for a Jobs-Plus
initiative modeled after the Jobs-Plus demonstration: Provided further,
That <<NOTE: Grants.>> the funding provided under the previous proviso
shall provide competitive grants to partnerships between public housing
authorities, local workforce investment boards established under section
117 of the Workforce Investment Act of 1998, and other agencies and
organizations that provide support to help public housing residents
obtain employment and
[[Page 131 STAT. 765]]
increase earnings: Provided further, That applicants must demonstrate
the ability to provide services to residents, partner with workforce
investment boards, and leverage service dollars: Provided further, That
the Secretary may allow public housing agencies to request exemptions
from rent and income limitation requirements under sections 3 and 6 of
the United States Housing Act of 1937 as necessary to implement the
Jobs-Plus program, on such terms and conditions as the Secretary may
approve upon a finding by the Secretary that any such waivers or
alternative requirements are necessary for the effective implementation
of the Jobs-Plus initiative as a voluntary program for residents:
Provided further, That <<NOTE: Notice. Federal
Register, publication. Deadline.>> the Secretary shall publish by
notice in the Federal Register any waivers or alternative requirements
pursuant to the preceding proviso no later than 10 days before the
effective date of such notice: Provided further, That for funds
provided under this heading, the limitation in section 9(g)(1) of the
Act shall be 25 percent: Provided further, That <<NOTE: Waiver
authority.>> the Secretary may waive the limitation in the previous
proviso to allow public housing agencies to fund activities authorized
under section 9(e)(1)(C) of the Act: Provided further,
That <<NOTE: Notification. Deadline.>> the Secretary shall notify
public housing agencies requesting waivers under the previous proviso if
the request is approved or denied within 14 days of submitting the
request: Provided further, That <<NOTE: Bonus awards.>> from the funds
made available under this heading, the Secretary shall provide bonus
awards in fiscal year 2017 to public housing agencies that are
designated high performers: Provided further,
That <<NOTE: Notification. Deadline.>> the Department shall notify
public housing agencies of their formula allocation within 60 days of
enactment of this Act: Provided further, That of the total amount
provided under this heading, $25,000,000 shall be available for
competitive grants to public housing agencies to evaluate and reduce
lead-based paint hazards in public housing by carrying out the
activities of risk assessments, abatement, and interim controls (as
those terms are defined in section 1004 of the Residential Lead-Based
Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)): Provided
further, That for purposes of environmental review, a grant under the
previous proviso shall be considered funds for projects or activities
under title I of the United States Housing Act of 1937 (42 U.S.C. 1437
et seq.) for purposes of section 26 of such Act (42 U.S.C. 1437x) and
shall be subject to the regulations implementing such section.
public housing operating fund
For 2017 payments to public housing agencies for the operation and
management of public housing, as authorized by section 9(e) of the
United States Housing Act of 1937 (42 U.S.C. 1437g(e)), $4,400,000,000,
to remain available until September 30, 2018.
choice neighborhoods initiative
For competitive grants under the Choice Neighborhoods Initiative
(subject to section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v), unless otherwise specified under this heading), for
transformation, rehabilitation, and replacement housing needs of both
public and HUD-assisted housing and to transform neighborhoods of
poverty into functioning, sustainable mixed income neighborhoods with
appropriate services, schools, public assets, transportation and access
to jobs, $137,500,000, to
[[Page 131 STAT. 766]]
remain available until September 30, 2019: Provided, That grant funds
may be used for resident and community services, community development,
and affordable housing needs in the community, and for conversion of
vacant or foreclosed properties to affordable housing: Provided
further, That the use of funds made available under this heading shall
not be deemed to be public housing notwithstanding section 3(b)(1) of
such Act: Provided further, That <<NOTE: Determination. Time period.>>
grantees shall commit to an additional period of affordability
determined by the Secretary of not fewer than 20 years: Provided
further, That grantees shall provide a match in State, local, other
Federal or private funds: Provided further, That grantees may include
local governments, tribal entities, public housing authorities, and
nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes of
environmental review, a grantee shall be treated as a public housing
agency under section 26 of the United States Housing Act of 1937 (42
U.S.C. 1437x), and grants under this heading shall be subject to the
regulations issued by the Secretary to implement such section: Provided
further, That of the amount provided, not less than $50,000,000 shall be
awarded to public housing agencies: Provided further, That such
grantees shall create partnerships with other local organizations
including assisted housing owners, service agencies, and resident
organizations: <<NOTE: Consultation.>> Provided further, That the
Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce,
the Attorney General, and the Administrator of the Environmental
Protection Agency to coordinate and leverage other appropriate Federal
resources: Provided further, That no more than $5,000,000 of funds made
available under this heading may be provided as grants to undertake
comprehensive local planning with input from residents and the
community: Provided further, That unobligated balances, including
recaptures, remaining from funds appropriated under the heading
``Revitalization of Severely Distressed Public Housing (HOPE VI)'' in
fiscal year 2011 and prior fiscal years may be used for purposes under
this heading, notwithstanding the purposes for which such amounts were
appropriated.
family self-sufficiency
For the Family Self-Sufficiency program to support family self-
sufficiency coordinators under section 23 of the United States Housing
Act of 1937, to promote the development of local strategies to
coordinate the use of assistance under sections 8(o) and 9 of such Act
with public and private resources, and enable eligible families to
achieve economic independence and self-sufficiency, $75,000,000, to
remain available until September 30, 2018: Provided,
That <<NOTE: Notice. Federal Register, publication. Waiver
authority. Determination.>> the Secretary may, by Federal Register
notice, waive or specify alternative requirements under sections b(3),
b(4), b(5), or c(1) of section 23 of such Act in order to facilitate the
operation of a unified self-sufficiency program for individuals
receiving assistance under different provisions of the Act, as
determined by the Secretary: Provided further,
That <<NOTE: Procedures.>> owners of a privately owned multifamily
property with a section 8 contract may voluntarily make a Family Self-
Sufficiency program available to the assisted tenants of such property
in accordance with procedures established by the Secretary: Provided
further, That such procedures established pursuant to the previous
proviso shall permit participating tenants
[[Page 131 STAT. 767]]
to accrue escrow funds in accordance with section 23(d)(2) and shall
allow owners to use funding from residual receipt accounts to hire
coordinators for their own Family Self-Sufficiency program.
native american housing block grants
For the Native American Housing Block Grants program, as authorized
under title I of the Native American Housing Assistance and Self-
Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111 et seq.),
$654,000,000, to remain available until September 30, 2021: Provided,
That, <<NOTE: Applicability.>> notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to determine the
amount of the allocation under title I of such Act for each Indian
tribe, the Secretary shall apply the formula under section 302 of such
Act with the need component based on single-race census data and with
the need component based on multi-race census data, and the amount of
the allocation for each Indian tribe shall be the greater of the two
resulting allocation amounts: Provided further, That of the amounts
made available under this heading, $3,500,000 shall be contracted for
assistance for national or regional organizations representing Native
American housing interests for providing training and technical
assistance to Indian housing authorities and tribally designated housing
entities as authorized under NAHASDA: Provided further, That of the
funds made available under the previous proviso, not less than
$2,000,000 shall be made available for a national organization as
authorized under section 703 of NAHASDA (25 U.S.C. 4212): Provided
further, That of the amounts made available under this heading,
$3,500,000 shall be to support the inspection of Indian housing units,
contract expertise, training, and technical assistance related to
funding provided under this heading and other headings under this Act
for the needs of Native American families and Indian country: Provided
further, That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided further,
That such costs, including the costs of modifying such notes and other
obligations, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That these funds are
available to subsidize the total principal amount of any notes and other
obligations, any part of which is to be guaranteed, not to exceed
$17,857,142: Provided further, That <<NOTE: Notification. Deadline.>>
the Department will notify grantees of their formula allocation within
60 days of the date of enactment of this Act: Provided further, That
notwithstanding section 302(d) of NAHASDA, if on the date of enactment
of this Act, a recipient's total amount of undisbursed block grant funds
in the Department's line of credit control system is greater than the
sum of its prior 3 years' initial formula allocation calculations, the
Secretary shall adjust that recipient's formula allocation that it would
otherwise receive down by the difference between its total amount of
undisbursed block grant funds in the Department's line of credit control
system on the date of enactment of this Act, and the sum of its prior 3
years' initial formula allocation calculations: Provided further, That
grant amounts not allocated to a recipient pursuant to the previous
proviso shall be allocated under the need component of the formula
proportionately among all other Indian tribes not subject to an
adjustment under such proviso: Provided further, That the second
[[Page 131 STAT. 768]]
proviso shall not apply to any Indian tribe that would otherwise receive
a formula allocation of less than $5,000,000: Provided further, That to
take effect, the three previous provisos do not require issuance or
amendment of any regulation, shall not be subject to a formula challenge
by an Indian tribe, and shall not be construed to confer hearing rights
under any section of NAHASDA or its implementing regulations.
indian housing loan guarantee fund program account
For the cost of guaranteed loans, as authorized by section 184 of
the Housing and Community Development Act of 1992 (12 U.S.C. 1715z-13a),
$5,500,000, to remain available until expended: Provided, That such
costs, including the costs of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan
principal, any part of which is to be guaranteed, up to $1,341,463,415,
to remain available until expended: Provided further, That up to
$750,000 of this amount may be for administrative contract expenses
including management processes and systems to carry out the loan
guarantee program: Provided further, That an additional $1,727,000
shall be available until expended for such costs of guaranteed loans
authorized under such section 184 issued to tribes and Indian housing
authorities for the construction of rental housing for law enforcement,
healthcare, educational, technical and other skilled workers: Provided
further, That the funds specified in the previous proviso are available
to subsidize total loan principal, any part of which is to be
guaranteed, up to $421,219,512 to remain available until expended:
Provided further, That the Secretary may specify any additional program
requirements with respect to the previous two provisos through
publication of a Mortgagee Letter or Notice.
native hawaiian housing block grant
For the Native Hawaiian Housing Block Grant program, as authorized
under title VIII of the Native American Housing Assistance and Self-
Determination Act of 1996 (25 U.S.C. 4111 et seq.), $2,000,000, to
remain available until September 30, 2021.
Community Planning and Development
housing opportunities for persons with aids
For carrying out the Housing Opportunities for Persons with AIDS
program, as authorized by the AIDS Housing Opportunity Act (42 U.S.C.
12901 et seq.), $356,000,000, to remain available until September 30,
2018, except that amounts allocated pursuant to section 854(c)(5) of
such Act shall remain available until September 30, 2019: Provided,
That <<NOTE: Contracts.>> the Secretary shall renew all expiring
contracts for permanent supportive housing that initially were funded
under section 854(c)(5) of such Act from funds made available under this
heading in fiscal year 2010 and prior fiscal years that meet all program
requirements before awarding funds for new contracts under such section:
Provided further, That <<NOTE: Notification. Deadlines.>> the
Department shall notify grantees of their formula allocation within 60
days of enactment of this Act.
[[Page 131 STAT. 769]]
community development fund
For assistance to units of State and local government, and to other
entities, for economic and community development activities, and for
other purposes, $3,060,000,000, to remain available until September 30,
2019, unless otherwise specified: Provided, That of the total amount
provided, $3,000,000,000 is for carrying out the community development
block grant program under title I of the Housing and Community
Development Act of 1974, as amended (``the Act'' herein) (42 U.S.C. 5301
et seq.): Provided further, That <<NOTE: Grants.>> unless explicitly
provided for under this heading, not to exceed 20 percent of any grant
made with funds appropriated under this heading shall be expended for
planning and management development and administration: Provided
further, That a metropolitan city, urban county, unit of general local
government, or Indian tribe, or insular area that directly or indirectly
receives funds under this heading may not sell, trade, or otherwise
transfer all or any portion of such funds to another such entity in
exchange for any other funds, credits or non-Federal considerations, but
must use such funds for activities eligible under title I of the Act:
Provided further, That notwithstanding section 105(e)(1) of the Act, no
funds provided under this heading may be provided to a for-profit entity
for an economic development project under section 105(a)(17) unless such
project has been evaluated and selected in accordance with guidelines
required under subparagraph (e)(2): Provided further,
That <<NOTE: Notification. Deadline.>> the Department shall notify
grantees of their formula allocation within 60 days of enactment of this
Act: Provided further, That of the total amount provided under this
heading $60,000,000 shall be for grants to Indian tribes notwithstanding
section 106(a)(1) of such Act, of which, notwithstanding any other
provision of law (including section 204 of this Act), up to $4,000,000
may be used for emergencies that constitute imminent threats to health
and safety.
community development loan guarantees program account
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2017, commitments to guarantee loans under section
108 of the Housing and Community Development Act of 1974 (42 U.S.C.
5308), any part of which is guaranteed, shall not exceed a total
principal amount of $300,000,000, notwithstanding any aggregate
limitation on outstanding obligations guaranteed in subsection (k) of
such section 108: <<NOTE: Fees.>> Provided, That the Secretary shall
collect fees from borrowers, notwithstanding subsection (m) of such
section 108, to result in a credit subsidy cost of zero for guaranteeing
such loans, and any such fees shall be collected in accordance with
section 502(7) of the Congressional Budget Act of 1974.
home investment partnerships program
For the HOME Investment Partnerships program, as authorized under
title II of the Cranston-Gonzalez National Affordable Housing Act, as
amended, $950,000,000, to remain available until September 30, 2020:
Provided, That notwithstanding the amount made available under this
heading, the threshold reduction requirements in sections 216(10) and
217(b)(4) of such Act shall not apply
[[Page 131 STAT. 770]]
to allocations of such amount: Provided further, That the requirements
under provisos 2 through 6 under this heading for fiscal year 2012 and
such requirements applicable pursuant to the ``Full-Year Continuing
Appropriations Act, 2013'', shall not apply to any project to which
funds were committed on or after August 23, 2013, but such projects
shall instead be governed by the Final Rule titled ``Home Investment
Partnerships Program; Improving Performance and Accountability; Updating
Property Standards'' which became effective on such date: Provided
further, That <<NOTE: Notification. Deadline.>> the Department shall
notify grantees of their formula allocation within 60 days of enactment
of this Act.
self-help and assisted homeownership opportunity program
For the Self-Help and Assisted Homeownership Opportunity Program, as
authorized under section 11 of the Housing Opportunity Program Extension
Act of 1996, as amended, $50,000,000, to remain available until
September 30, 2019: Provided, That of the total amount provided under
this heading, $10,000,000 shall be made available to the Self-Help and
Assisted Homeownership Opportunity Program as authorized under section
11 of the Housing Opportunity Program Extension Act of 1996, as amended:
Provided further, That of the total amount provided under this heading,
$35,000,000 shall be made available for the second, third, and fourth
capacity building activities authorized under section 4(a) of the HUD
Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less than
$5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity building
by national rural housing organizations with experience assessing
national rural conditions and providing financing, training, technical
assistance, information, and research to local nonprofits, local
governments and Indian Tribes serving high need rural communities:
Provided further, That an additional $4,000,000, to remain available
until expended, shall be for a program to rehabilitate and modify homes
of disabled or low-income veterans as authorized under section 1079 of
Public Law 113-291.
homeless assistance grants
For the Emergency Solutions Grants program as authorized under
subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as
amended; the Continuum of Care program as authorized under subtitle C of
title IV of such Act; and the Rural Housing Stability Assistance program
as authorized under subtitle D of title IV of such Act, $2,383,000,000,
to remain available until September 30, 2019: Provided, That any rental
assistance amounts that are recaptured under such Continuum of Care
program shall remain available until expended: Provided further, That
not less than $310,000,000 of the funds appropriated under this heading
shall be available for such Emergency Solutions Grants program, of
which, $40,000,000 shall be made available, as determined by the
Secretary, for grants for rapid re-housing or other critical activities
in order to assist communities that lost significant capacity after
January 1, 2016 to serve persons experiencing homelessness: Provided
further, That not less than $2,018,000,000 of the funds appropriated
under this heading shall be available for such Continuum of Care and
Rural Housing Stability Assistance programs:
[[Page 131 STAT. 771]]
Provided further, That up to $12,000,000 of the funds appropriated
under this heading shall be available for the national homeless data
analysis project: Provided further, That all funds awarded for
supportive services under the Continuum of Care program and the Rural
Housing Stability Assistance program shall be matched by not less than
25 percent in cash or in kind by each grantee: Provided further, That
for all match requirements applicable to funds made available under this
heading for this fiscal year and prior years, a grantee may use (or
could have used) as a source of match funds other funds administered by
the Secretary and other Federal agencies unless there is (or was) a
specific statutory prohibition on any such use of any such funds:
Provided further, That the Secretary shall collect system performance
measures for each continuum of care, and that relative to fiscal year
2015, under the Continuum of Care competition with respect to funds made
available under this heading, the Secretary shall base an increasing
share of the score on performance criteria: Provided further,
That <<NOTE: Determination.>> none of the funds provided under this
heading shall be available to provide funding for new projects, except
for projects created through reallocation, unless the Secretary
determines that the continuum of care has demonstrated that projects are
evaluated and ranked based on the degree to which they improve the
continuum of care's system performance: Provided further, That the
Secretary shall prioritize funding under the Continuum of Care program
to continuums of care that have demonstrated a capacity to reallocate
funding from lower performing projects to higher performing projects:
Provided further, That all awards of assistance under this heading shall
be required to coordinate and integrate homeless programs with other
mainstream health, social services, and employment programs for which
homeless populations may be eligible: Provided further, That any
unobligated amounts remaining from funds appropriated under this heading
in fiscal year 2012 and prior years for project-based rental assistance
for rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for which such
funds were appropriated: Provided further, That all balances for
Shelter Plus Care renewals previously funded from the Shelter Plus Care
Renewal account and transferred to this account shall be available, if
recaptured, for Continuum of Care renewals in fiscal year 2017:
Provided further, That <<NOTE: Notification. Deadline.>> the Department
shall notify grantees of their formula allocation from amounts allocated
(which may represent initial or final amounts allocated) for the
Emergency Solutions Grant program within 60 days of enactment of this
Act: Provided further, That up to $43,000,000 of the funds appropriated
under this heading shall be to implement projects to demonstrate how a
comprehensive approach to serving homeless youth, age 24 and under, in
up to 11 communities, including at least five rural communities, can
dramatically reduce youth homelessness: Provided further,
That <<NOTE: Children and youth. Homeless persons.>> such projects
shall be eligible for renewal under the continuum of care program
subject to the same terms and conditions as other renewal applicants:
Provided further, That youth aged 24 and under seeking assistance under
this heading shall not be required to provide third party documentation
to establish their eligibility under 42 U.S.C. 11302(a) or (b) to
receive services: Provided further, That unaccompanied youth aged 24
and under or families headed by youth aged 24
[[Page 131 STAT. 772]]
and under who are living in unsafe situations may be served by youth-
serving providers funded under this heading.
Housing Programs
project-based rental assistance
For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937 (42 U.S.C.
1437 et seq.) (``the Act''), not otherwise provided for,
$10,416,000,000, to remain available until expended, shall be available
on October 1, 2016 (in addition to the $400,000,000 previously
appropriated under this heading that became available October 1, 2016),
and $400,000,000, to remain available until expended, shall be available
on October 1, 2017: Provided, That the amounts made available under
this heading shall be available for expiring or terminating section 8
project-based subsidy contracts (including section 8 moderate
rehabilitation contracts), for amendments to section 8 project-based
subsidy contracts (including section 8 moderate rehabilitation
contracts), for contracts entered into pursuant to section 441 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11401), for renewal of
section 8 contracts for units in projects that are subject to approved
plans of action under the Emergency Low Income Housing Preservation Act
of 1987 or the Low-Income Housing Preservation and Resident
Homeownership Act of 1990, and for administrative and other expenses
associated with project-based activities and assistance funded under
this paragraph: Provided further, That of the total amounts provided
under this heading, not to exceed $235,000,000 shall be available for
performance-based contract administrators for section 8 project-based
assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That
the Secretary of Housing and Urban Development may also use such amounts
in the previous proviso for performance-based contract administrators
for the administration of: interest reduction payments pursuant to
section 236(a) of the National Housing Act (12 U.S.C. 1715z-1(a)); rent
supplement payments pursuant to section 101 of the Housing and Urban
Development Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental
assistance payments (12 U.S.C. 1715z-1(f)(2)); project rental assistance
contracts for the elderly under section 202(c)(2) of the Housing Act of
1959 (12 U.S.C. 1701q); project rental assistance contracts for
supportive housing for persons with disabilities under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act (42 U.S.C.
8013(d)(2)); project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86-372; 73 Stat. 667); and loans
under section 202 of the Housing Act of 1959 (Public Law 86-372; 73
Stat. 667): Provided further, That amounts recaptured under this
heading, the heading ``Annual Contributions for Assisted Housing'', or
the heading ``Housing Certificate Fund'', may be used for renewals of or
amendments to section 8 project-based contracts or for performance-based
contract administrators, notwithstanding the purposes for which such
amounts were appropriated: Provided further,
That, <<NOTE: Determination. Remittance.>> notwithstanding any other
provision of law, upon the request of the Secretary of Housing and Urban
Development, project funds that are held in residual receipts accounts
for any project subject to a section
[[Page 131 STAT. 773]]
8 project-based Housing Assistance Payments contract that authorizes HUD
or a Housing Finance Agency to require that surplus project funds be
deposited in an interest-bearing residual receipts account and that are
in excess of an amount to be determined by the Secretary, shall be
remitted to the Department and deposited in this account, to be
available until expended: Provided further, That amounts deposited
pursuant to the previous proviso shall be available in addition to the
amount otherwise provided by this heading for uses authorized under this
heading.
housing for the elderly
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section 202 of
the Housing Act of 1959, as amended, and for project rental assistance
for the elderly under section 202(c)(2) of such Act, including
amendments to contracts for such assistance and renewal of expiring
contracts for such assistance for up to a 1-year term, and for senior
preservation rental assistance contracts, including renewals, as
authorized by section 811(e) of the American Housing and Economic
Opportunity Act of 2000, as amended, and for supportive services
associated with the housing, $502,400,000 to remain available until
September 30, 2020, of which $10,000,000 shall be for capital advance
and project-based rental assistance awards or for incremental senior
preservation rental assistance contracts: Provided, That amounts for
project rental assistance contracts are to remain available for the
liquidation of valid obligations for 10 years following the date of such
obligation: Provided further, That of the amount provided under this
heading, up to $75,000,000 shall be for service coordinators and the
continuation of existing congregate service grants for residents of
assisted housing projects: Provided further, That amounts under this
heading shall be available for Real Estate Assessment Center inspections
and inspection-related activities associated with section 202 projects:
Provided further, That <<NOTE: Waiver authority. Time period.>> the
Secretary may waive the provisions of section 202 governing the terms
and conditions of project rental assistance, except that the initial
contract term for such assistance shall not exceed 5 years in duration:
Provided further, That <<NOTE: Determination. Remittance.>> upon
request of the Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project subject to a
section 202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be determined
by the Secretary, shall be remitted to the Department and deposited in
this account, to be available until September 30, 2020: Provided
further, That amounts deposited in this account pursuant to the previous
proviso shall be available, in addition to the amounts otherwise
provided by this heading, for amendments and renewals: Provided
further, That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this heading
shall be available for amendments and renewals notwithstanding the
purposes for which such funds originally were appropriated.
housing for persons with disabilities
For amendments to capital advance contracts for supportive housing
for persons with disabilities, as authorized by section 811 of the
Cranston-Gonzalez National Affordable Housing Act (42
[[Page 131 STAT. 774]]
U.S.C. 8013), for project rental assistance for supportive housing for
persons with disabilities under section 811(d)(2) of such Act and for
project assistance contracts pursuant to section 202(h) of the Housing
Act of 1959 (Public Law 86-372; 73 Stat. 667), including amendments to
contracts for such assistance and renewal of expiring contracts for such
assistance for up to a 1-year term, for project rental assistance to
State housing finance agencies and other appropriate entities as
authorized under section 811(b)(3) of the Cranston-Gonzalez National
Housing Act, and for supportive services associated with the housing for
persons with disabilities as authorized by section 811(b)(1) of such
Act, $146,200,000, to remain available until September 30, 2020:
Provided, That amounts made available under this heading shall be
available for Real Estate Assessment Center inspections and inspection-
related activities associated with section 811 projects: Provided
further, That, <<NOTE: Determination. Remittance.>> in this fiscal
year, upon the request of the Secretary of Housing and Urban
Development, project funds that are held in residual receipts accounts
for any project subject to a section 811 project rental assistance
contract and that upon termination of such contract are in excess of an
amount to be determined by the Secretary shall be remitted to the
Department and deposited in this account, to be available until
September 30, 2020: Provided further, That amounts deposited in this
account pursuant to the previous proviso shall be available in addition
to the amounts otherwise provided by this heading for amendments and
renewals: Provided further, That unobligated balances, including
recaptures and carryover, remaining from funds transferred to or
appropriated under this heading shall be used for amendments and
renewals notwithstanding the purposes for which such funds originally
were appropriated.
housing counseling assistance
For contracts, grants, and other assistance excluding loans, as
authorized under section 106 of the Housing and Urban Development Act of
1968, as amended, $55,000,000, to remain available until September 30,
2018, including up to $4,500,000 for administrative contract services:
Provided, That grants made available from amounts provided under this
heading shall be awarded within 180 days of enactment of this Act:
Provided further, That funds shall be used for providing counseling and
advice to tenants and homeowners, both current and prospective, with
respect to property maintenance, financial management/literacy, and such
other matters as may be appropriate to assist them in improving their
housing conditions, meeting their financial needs, and fulfilling the
responsibilities of tenancy or homeownership; for program
administration; and for housing counselor training: Provided further,
That for purposes of providing such grants from amounts provided under
this heading, the Secretary may enter into multiyear agreements as
appropriate, subject to the availability of annual appropriations.
rental housing assistance
For amendments to contracts under section 101 of the Housing and
Urban Development Act of 1965 (12 U.S.C. 1701s) and section 236(f)(2) of
the National Housing Act (12 U.S.C. 1715z-1) in State-aided, noninsured
rental housing projects, $20,000,000, to remain available until
expended: Provided, That such amount, together
[[Page 131 STAT. 775]]
with unobligated balances from recaptured amounts appropriated prior to
fiscal year 2006 from terminated contracts under such sections of law,
and any unobligated balances, including recaptures and carryover,
remaining from funds appropriated under this heading after fiscal year
2005, shall also be available for extensions of up to one year for
expiring contracts under such sections of law.
payment to manufactured housing fees trust fund
For necessary expenses as authorized by the National Manufactured
Housing Construction and Safety Standards Act of 1974 (42 U.S.C. 5401 et
seq.), up to $10,500,000, to remain available until expended, of which
$10,500,000 is to be derived from the Manufactured Housing Fees Trust
Fund: Provided, That not to exceed the total amount appropriated under
this heading shall be available from the general fund of the Treasury to
the extent necessary to incur obligations and make expenditures pending
the receipt of collections to the Fund pursuant to section 620 of such
Act: Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections are
received during fiscal year 2017 so as to result in a final fiscal year
2017 appropriation from the general fund estimated at zero, and fees
pursuant to such section 620 shall be modified as necessary to ensure
such a final fiscal year 2017 appropriation: Provided further, That for
the dispute resolution and installation programs, the Secretary of
Housing and Urban Development may assess and collect fees from any
program participant: Provided further, That such collections shall be
deposited into the Fund, and the Secretary, as provided herein, may use
such collections, as well as fees collected under section 620, for
necessary expenses of such Act: Provided further, That, notwithstanding
the requirements of section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the use of
approved service providers that are paid directly by the recipients of
their services.
Federal Housing Administration
mutual mortgage insurance program account
New commitments to guarantee single family loans insured under the
Mutual Mortgage Insurance Fund shall not exceed $400,000,000,000, to
remain available until September 30, 2018: Provided, That during fiscal
year 2017, obligations to make direct loans to carry out the purposes of
section 204(g) of the National Housing Act, as amended, shall not exceed
$5,000,000: Provided further, That the foregoing amount in the previous
proviso shall be for loans to nonprofit and governmental entities in
connection with sales of single family real properties owned by the
Secretary and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available until
September 30, 2018: Provided further, That to the extent guaranteed
loan commitments exceed $200,000,000,000 on or before April 1, 2017, an
additional $1,400 for administrative contract expenses shall be
available for each $1,000,000 in additional guaranteed loan commitments
(including a pro rata amount for
[[Page 131 STAT. 776]]
any amount below $1,000,000), but in no case shall funds made available
by this proviso exceed $30,000,000.
general and special risk program account
New commitments to guarantee loans insured under the General and
Special Risk Insurance Funds, as authorized by sections 238 and 519 of
the National Housing Act (12 U.S.C. 1715z-3 and 1735c), shall not exceed
$30,000,000,000 in total loan principal, any part of which is to be
guaranteed, to remain available until September 30, 2018: Provided,
That during fiscal year 2017, gross obligations for the principal amount
of direct loans, as authorized by sections 204(g), 207(l), 238, and
519(a) of the National Housing Act, shall not exceed $5,000,000, which
shall be for loans to nonprofit and governmental entities in connection
with the sale of single family real properties owned by the Secretary
and formerly insured under such Act.
Government National Mortgage Association
guarantees of mortgage-backed securities loan guarantee program account
New commitments to issue guarantees to carry out the purposes of
section 306 of the National Housing Act, as amended (12 U.S.C. 1721(g)),
shall not exceed $500,000,000,000, to remain available until September
30, 2018: Provided, That $23,000,000 shall be available for necessary
salaries and expenses of the Office of Government National Mortgage
Association: Provided further, That to the extent that guaranteed loan
commitments exceed $155,000,000,000 on or before April 1, 2017, an
additional $100 for necessary salaries and expenses shall be available
until expended for each $1,000,000 in additional guaranteed loan
commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this proviso
exceed $3,000,000: Provided further, That <<NOTE: Fees.>> receipts
from Commitment and Multiclass fees collected pursuant to title III of
the National Housing Act, as amended, shall be credited as offsetting
collections to this account.
Policy Development and Research
research and technology
For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing and
Urban Development Act of 1970 (12 U.S.C. 1701z-1 et seq.), including
carrying out the functions of the Secretary of Housing and Urban
Development under section 1(a)(1)(i) of Reorganization Plan No. 2 of
1968, and for technical assistance, $89,000,000, to remain available
until September 30, 2018: Provided, That <<NOTE: Contracts.>> with
respect to amounts made available under this heading, notwithstanding
section 204 of this title, the Secretary may enter into cooperative
agreements funded with philanthropic entities, other Federal agencies,
or State or local governments and their agencies for research projects:
Provided further, That with respect to the previous proviso, such
partners to the cooperative agreements must
[[Page 131 STAT. 777]]
contribute at least a 50 percent match toward the cost of the project:
Provided further, That <<NOTE: Compliance.>> for non-competitive
agreements entered into in accordance with the previous two provisos,
the Secretary of Housing and Urban Development shall comply with section
2(b) of the Federal Funding Accountability and Transparency Act of 2006
(Public Law 109-282, 31 U.S.C. note) in lieu of compliance with section
102(a)(4)(C) with respect to documentation of award decisions: Provided
further, That <<NOTE: Plan.>> prior to obligation of technical
assistance funding, the Secretary shall submit a plan, for approval, to
the House and Senate Committees on Appropriations on how it will
allocate funding for this activity.
Fair Housing and Equal Opportunity
fair housing activities
For contracts, grants, and other assistance, not otherwise provided
for, as authorized by title VIII of the Civil Rights Act of 1968, as
amended by the Fair Housing Amendments Act of 1988, and section 561 of
the Housing and Community Development Act of 1987, as amended,
$65,300,000, to remain available until September 30, 2018: Provided,
That notwithstanding 31 U.S.C. 3302, the Secretary may assess and
collect fees to cover the costs of the Fair Housing Training Academy,
and may use such funds to provide such training: Provided further,
That <<NOTE: Lobbying.>> no funds made available under this heading
shall be used to lobby the executive or legislative branches of the
Federal Government in connection with a specific contract, grant, or
loan: Provided further, That of the funds made available under this
heading, $300,000 shall be available to the Secretary of Housing and
Urban Development for the creation and promotion of translated materials
and other programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the Department
of Housing and Urban Development.
Office of Lead Hazard Control and Healthy Homes
lead hazard reduction
For the Lead Hazard Reduction Program, as authorized by section 1011
of the Residential Lead-Based Paint Hazard Reduction Act of 1992,
$145,000,000, to remain available until September 30, 2018, of which
$30,000,000 shall be for the Healthy Homes Initiative, pursuant to
sections 501 and 502 of the Housing and Urban Development Act of 1970,
that shall include research, studies, testing, and demonstration
efforts, including education and outreach concerning lead-based paint
poisoning and other housing-related diseases and hazards: Provided,
That for purposes of environmental review, pursuant to the National
Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other
provisions of the law that further the purposes of such Act, a grant
under the Healthy Homes Initiative, or the Lead Technical Studies
program under this heading or under prior appropriations Acts for such
purposes under this heading, shall be considered to be funds for a
special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further, That
of the total amount made available under this heading, $55,000,000 shall
be made available on a competitive basis for
[[Page 131 STAT. 778]]
areas with the highest lead-based paint abatement needs: Provided
further, That each recipient of funds provided under the previous
proviso shall contribute an amount not less than 25 percent of the
total: Provided further, That <<NOTE: Certification. Notice.>> each
applicant shall certify adequate capacity that is acceptable to the
Secretary to carry out the proposed use of funds pursuant to a notice of
funding availability: Provided further, That amounts made available
under this heading in this or prior appropriations Acts, and that still
remain available, may be used for any purpose under this heading
notwithstanding the purpose for which such amounts were appropriated if
a program competition is undersubscribed and there are other program
competitions under this heading that are oversubscribed.
Information Technology Fund
For the development of, modifications to, and infrastructure for
Department-wide and program-specific information technology systems, for
the continuing operation and maintenance of both Department-wide and
program-specific information systems, and for program-related
maintenance activities, $257,000,000, of which $250,000,000 shall remain
available until September 30, 2018, and of which $7,000,000 shall remain
available until September 30, 2019: Provided, That any amounts
transferred to this Fund under this Act shall remain available until
expended: Provided further, That any amounts transferred to this Fund
from amounts appropriated by previously enacted appropriations Acts may
be used for the purposes specified under this Fund, in addition to any
other information technology purposes for which such amounts were
appropriated: Provided further, That <<NOTE: Expenditure plan.>> not
more than 10 percent of the funds made available under this heading for
development, modernization and enhancement may be obligated until the
Secretary submits to the House and Senate Committees on Appropriations,
for approval, a plan for expenditure that--(A) identifies for each
modernization project: (i) the functional and performance capabilities
to be delivered and the mission benefits to be realized, (ii) the
estimated life-cycle cost, and (iii) key milestones to be met; and (B)
demonstrates that each modernization project is: (i) compliant with the
department's enterprise architecture, (ii) being managed in accordance
with applicable life-cycle management policies and guidance, (iii)
subject to the department's capital planning and investment control
requirements, and (iv) supported by an adequately staffed project
office.
Office of Inspector General
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as amended,
$128,082,000: Provided, That the Inspector General shall have
independent authority over all personnel issues within this office.
[[Page 131 STAT. 779]]
General Provisions--Department of Housing and Urban Development
(including transfer of funds)
(including rescission)
Sec. 201. Fifty percent of the amounts of budget authority, or in
lieu thereof 50 percent of the cash amounts associated with such budget
authority, that are recaptured from projects described in section
1012(a) of the Stewart B. McKinney Homeless Assistance Amendments Act of
1988 (42 U.S.C. 1437f note) shall be rescinded or in the case of cash,
shall be remitted to the Treasury, and such amounts of budget authority
or cash recaptured and not rescinded or remitted to the Treasury shall
be used by State housing finance agencies or local governments or local
housing agencies with projects approved by the Secretary of Housing and
Urban Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence,
the Secretary may award up to 15 percent of the budget authority or cash
recaptured and not rescinded or remitted to the Treasury to provide
project owners with incentives to refinance their project at a lower
interest rate.
Sec. 202. None of the amounts made available under this Act may be
used during fiscal year 2017 to investigate or prosecute under the Fair
Housing Act any otherwise lawful activity engaged in by one or more
persons, including the filing or maintaining of a nonfrivolous legal
action, that is engaged in solely for the purpose of achieving or
preventing action by a Government official or entity, or a court of
competent jurisdiction.
Sec. 203. Subsection (c) of section 854 of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) is amended--
(1) in subclause (I) of paragraph (2)(A), by redesignating
the subclause as clause ``(i)''; and
(2) in subparagraph (D) of paragraph (2), to read as
follows:
``(D) Adjustment to grants.--For each of fiscal
years 2017, 2018, 2019, 2020, and 2021, with respect to
a grantee that received an allocation in the prior
fiscal year, the Secretary shall ensure that the
grantee's share of total formula funds available for
allocation does not decrease more than 5 percent nor
gain more than 10 percent of the share of the total
available formula funds that the grantee received in the
preceding fiscal year.''.
Sec. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title II of
this Act shall be made on a competitive basis and in accordance with
section 102 of the Department of Housing and Urban Development Reform
Act of 1989 (42 U.S.C. 3545).
Sec. 205. Funds of the Department of Housing and Urban Development
subject to the Government Corporation Control Act or section 402 of the
Housing Act of 1950 shall be available, without regard to the
limitations on administrative expenses, for legal services on a contract
or fee basis, and for utilizing and making payment for services and
facilities of the Federal National Mortgage Association, Government
National Mortgage Association, Federal Home Loan Mortgage Corporation,
Federal Financing Bank, Federal Reserve banks or any member thereof,
Federal Home Loan banks,
[[Page 131 STAT. 780]]
and any insured bank within the meaning of the Federal Deposit Insurance
Corporation Act, as amended (12 U.S.C. 1811-1).
Sec. 206. Unless otherwise provided for in this Act or through a
reprogramming of funds, no part of any appropriation for the Department
of Housing and Urban Development shall be available for any program,
project or activity in excess of amounts set forth in the budget
estimates submitted to Congress.
Sec. 207. Corporations and agencies of the Department of Housing
and Urban Development which are subject to the Government Corporation
Control Act are hereby authorized to make such expenditures, within the
limits of funds and borrowing authority available to each such
corporation or agency and in accordance with law, and to make such
contracts and commitments without regard to fiscal year limitations as
provided by section 104 of such Act as may be necessary in carrying out
the programs set forth in the budget for 2017 for such corporation or
agency except as hereinafter provided: Provided, That collections of
these corporations and agencies may be used for new loan or mortgage
purchase commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty operations
of these corporations, or where loans or mortgage purchases are
necessary to protect the financial interest of the United States
Government.
Sec. 208. The <<NOTE: Deadline. Reports. Budget.>> Secretary of
Housing and Urban Development shall provide quarterly reports to the
House and Senate Committees on Appropriations regarding all uncommitted,
unobligated, recaptured and excess funds in each program and activity
within the jurisdiction of the Department and shall submit additional,
updated budget information to these Committees upon request.
Sec. 209. The <<NOTE: Budget.>> President's formal budget request
for fiscal year 2018, as well as the Department of Housing and Urban
Development's congressional budget justifications to be submitted to the
Committees on Appropriations of the House of Representatives and the
Senate, shall use the identical account and sub-account structure
provided under this Act.
Sec. 210. No funds provided under this title may be used for an
audit of the Government National Mortgage Association that makes
applicable requirements under the Federal Credit Reform Act of 1990 (2
U.S.C. 661 et seq.).
Sec. 211. (a) <<NOTE: Transfer authority.>> Notwithstanding any
other provision of law, subject to the conditions listed under this
section, for fiscal years 2017 and 2018, the Secretary of Housing and
Urban Development may authorize the transfer of some or all project-
based assistance, debt held or insured by the Secretary and statutorily
required low-income and very low-income use restrictions if any,
associated with one or more multifamily housing project or projects to
another multifamily housing project or projects.
(b) Phased Transfers.--Transfers of project-based assistance under
this section may be done in phases to accommodate the financing and
other requirements related to rehabilitating or constructing the project
or projects to which the assistance is transferred, to ensure that such
project or projects meet the standards under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
[[Page 131 STAT. 781]]
(1) Number and bedroom size of units.--
(A) For occupied units in the transferring project:
The number of low-income and very low-income units and
the configuration (i.e., bedroom size) provided by the
transferring project shall be no less than when
transferred to the receiving project or projects and the
net dollar amount of Federal assistance provided to the
transferring project shall remain the same in the
receiving project or projects.
(B) For unoccupied units in the transferring
project: The Secretary may authorize a reduction in the
number of dwelling units in the receiving project or
projects to allow for a reconfiguration of bedroom sizes
to meet current market demands, as determined by the
Secretary and provided there is no increase in the
project-based assistance budget authority.
(2) <<NOTE: Determination.>> The transferring project
shall, as determined by the Secretary, be either physically
obsolete or economically nonviable.
(3) <<NOTE: Standards.>> The receiving project or projects
shall meet or exceed applicable physical standards established
by the Secretary.
(4) <<NOTE: Notification. Consultation. Certification.>>
The owner or mortgagor of the transferring project shall notify
and consult with the tenants residing in the transferring
project and provide a certification of approval by all
appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the
receiving project are available for occupancy.
(6) <<NOTE: Determination.>> The Secretary determines that
this transfer is in the best interest of the tenants.
(7) <<NOTE: Waiver authority. Determination.>> If either
the transferring project or the receiving project or projects
meets the condition specified in subsection (d)(2)(A), any lien
on the receiving project resulting from additional financing
obtained by the owner shall be subordinate to any FHA-insured
mortgage lien transferred to, or placed on, such project by the
Secretary, except that the Secretary may waive this requirement
upon determination that such a waiver is necessary to facilitate
the financing of acquisition, construction, and/or
rehabilitation of the receiving project or projects.
(8) <<NOTE: Records. Contracts.>> If the transferring
project meets the requirements of subsection (d)(2), the owner
or mortgagor of the receiving project or projects shall execute
and record either a continuation of the existing use agreement
or a new use agreement for the project where, in either case,
any use restrictions in such agreement are of no lesser duration
than the existing use restrictions.
(9) The transfer does not increase the cost (as defined in
section 502 of the Congressional Budget Act of 1974, as amended)
of any FHA-insured mortgage, except to the extent that
appropriations are provided in advance for the amount of any
such increased cost.
(d) <<NOTE: Definition.>> For purposes of this section--
(1) the terms ``low-income'' and ``very low-income'' shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
[[Page 131 STAT. 782]]
(2) the term ``multifamily housing project'' means housing
that meets one of the following conditions--
(A) housing that is subject to a mortgage insured
under the National Housing Act;
(B) housing that has project-based assistance
attached to the structure including projects undergoing
mark to market debt restructuring under the Multifamily
Assisted Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of
the Housing Act of 1959, as amended by section 801 of
the Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of
the Housing Act of 1959, as such section existed before
the enactment of the Cranston-Gonzales National
Affordable Housing Act;
(E) housing that is assisted under section 811 of
the Cranston-Gonzales National Affordable Housing Act;
or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ``project-based assistance'' means--
(A) assistance provided under section 8(b) of the
United States Housing Act of 1937;
(B) assistance for housing constructed or
substantially rehabilitated pursuant to assistance
provided under section 8(b)(2) of such Act (as such
section existed immediately before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236
and/or additional assistance payments under section
236(f)(2) of the National Housing Act;
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing
Act;
(4) the term ``receiving project or projects'' means the
multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required
low-income and very low-income use restrictions are to be
transferred;
(5) the term ``transferring project'' means the multifamily
housing project which is transferring some or all of the
project-based assistance, debt, and the statutorily required
low-income and very low-income use restrictions to the receiving
project or projects; and
(6) the term ``Secretary'' means the Secretary of Housing
and Urban Development.
(e) Research Report.--The Secretary shall conduct an evaluation of
the transfer authority under this section, including the effect of such
transfers on the operational efficiency, contract rents, physical and
financial conditions, and long-term preservation of the affected
properties.
Sec. 212. (a) No assistance shall be provided under section 8 of the
United States Housing Act of 1937 (42 U.S.C. 1437f) to any individual
who--
[[Page 131 STAT. 783]]
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is
defined in section 3(b)(3)(E) of the United States Housing Act
of 1937 (42 U.S.C. 1437a(b)(3)(E)) and was not receiving
assistance under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive
assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person to
receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f), any financial assistance (in excess of amounts
received for tuition and any other required fees and charges) that an
individual receives under the Higher Education Act of 1965 (20 U.S.C.
1001 et seq.), from private sources, or an institution of higher
education (as defined under the Higher Education Act of 1965 (20 U.S.C.
1002)), shall be considered income to that individual, except for a
person over the age of 23 with dependent children.
Sec. 213. The <<NOTE: Native Alaskans.>> funds made available for
Native Alaskans under the heading ``Native American Housing Block
Grants'' in title II of this Act shall be allocated to the same Native
Alaskan housing block grant recipients that received funds in fiscal
year 2005.
Sec. 214. Notwithstanding <<NOTE: Termination date. Mortgages.>>
the limitation in the first sentence of section 255(g) of the National
Housing Act (12 U.S.C. 1715z-20(g)), the Secretary of Housing and Urban
Development may, until September 30, 2017, insure and enter into
commitments to insure mortgages under such section 255.
Sec. 215. Notwithstanding <<NOTE: Contracts.>> any other provision
of law, in fiscal year 2017, in managing and disposing of any
multifamily property that is owned or has a mortgage held by the
Secretary of Housing and Urban Development, and during the process of
foreclosure on any property with a contract for rental assistance
payments under section 8 of the United States Housing Act of 1937 or
other Federal programs, the Secretary shall maintain any rental
assistance payments under section 8 of the United States Housing Act of
1937 and other programs that are attached to any dwelling units in the
property. <<NOTE: Determination. Consultations.>> To the extent the
Secretary determines, in consultation with the tenants and the local
government, that such a multifamily property owned or held by the
Secretary is not feasible for continued rental assistance payments under
such section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments under
section 524 of the Multifamily Assisted Housing Reform and Affordability
Act of 1997 (``MAHRAA'') and (2) environmental conditions that cannot be
remedied in a cost-effective fashion, the Secretary may, in consultation
with the tenants of that property, contract for project-based rental
assistance payments with an owner
[[Page 131 STAT. 784]]
or owners of other existing housing properties, or provide other rental
assistance. The Secretary shall also take appropriate steps to ensure
that project-based contracts remain in effect prior to foreclosure,
subject to the exercise of contractual abatement remedies to assist
relocation of tenants for imminent major threats to health and safety
after written notice to and informed consent of the affected tenants and
use of other available remedies, such as partial abatements or
receivership. After disposition of any multifamily property described
under this section, the contract and allowable rent levels on such
properties shall be subject to the requirements under section 524 of
MAHRAA.
Sec. 216. The commitment authority funded by fees as provided under
the heading ``Community Development Loan Guarantees Program Account''
may be used to guarantee, or make commitments to guarantee, notes, or
other obligations issued by any State on behalf of non-entitlement
communities in the State in accordance with the requirements of section
108 of the Housing and Community Development Act of 1974: Provided,
That any State receiving such a guarantee or commitment shall distribute
all funds subject to such guarantee to the units of general local
government in non-entitlement areas that received the commitment.
Sec. 217. Public housing agencies that own and operate 400 or fewer
public housing units may elect to be exempt from any asset management
requirement imposed by the Secretary of Housing and Urban Development in
connection with the operating fund rule: Provided, That an agency
seeking a discontinuance of a reduction of subsidy under the operating
fund formula shall not be exempt from asset management requirements.
Sec. 218. With <<NOTE: 42 USC 1437g note.>> respect to the use of
amounts provided in this Act and in future Acts for the operation,
capital improvement and management of public housing as authorized by
sections 9(d) and 9(e) of the United States Housing Act of 1937 (42
U.S.C. 1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits in
any way the use of capital funds for central office costs pursuant to
section 9(g)(1) or 9(g)(2) of the United States Housing Act of 1937 (42
U.S.C. 1437g(g)(1), (2)): Provided, That a public housing agency may
not use capital funds authorized under section 9(d) for activities that
are eligible under section 9(e) for assistance with amounts from the
operating fund in excess of the amounts permitted under section 9(g)(1)
or 9(g)(2).
Sec. 219. No <<NOTE: Allotment holder. Determination.>> official
or employee of the Department of Housing and Urban Development shall be
designated as an allotment holder unless the Office of the Chief
Financial Officer has determined that such allotment holder has
implemented an adequate system of funds control and has received
training in funds control procedures and directives. The Chief Financial
Officer shall ensure that there is a trained allotment holder for each
HUD sub-office under the accounts ``Executive Offices'' and
``Administrative Support Offices,'' as well as each account receiving
appropriations for ``Program Office Salaries and Expenses'',
``Government National Mortgage Association--Guarantees of Mortgage-
Backed Securities Loan Guarantee Program Account'', and ``Office of
Inspector General'' within the Department of Housing and Urban
Development.
Sec. 220. The <<NOTE: Notification. Public information. Federal
Register, publication. 42 USC 3545a note.>> Secretary of the Department
of Housing and Urban Development shall, for fiscal year 2017, notify the
public through the Federal Register and other means, as determined
[[Page 131 STAT. 785]]
appropriate, of the issuance of a notice of the availability of
assistance or notice of funding availability (NOFA) for any program or
discretionary fund administered by the Secretary that is to be
competitively awarded. <<NOTE: Web posting. Determination.>>
Notwithstanding any other provision of law, for fiscal year 2017, the
Secretary may make the NOFA available only on the Internet at the
appropriate Government web site or through other electronic media, as
determined by the Secretary.
Sec. 221. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of General
Counsel salaries and expenses appropriations. The annual budget
submission for the program offices and the Office of General Counsel
shall include any such projected litigation costs for attorney fees as a
separate line item request. <<NOTE: Spending plan.>> No funds provided
in this title may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan for such
costs to the House and Senate Committees on Appropriations.
Sec. 222. The Secretary is authorized to transfer up to 10 percent
or $4,000,000, whichever is less, of funds appropriated for any office
under the heading ``Administrative Support Offices'' or for any account
under the general heading ``Program Office Salaries and Expenses'' to
any other such office or account: Provided, That no appropriation for
any such office or account shall be increased or decreased by more than
10 percent or $4,000,000, whichever is less, without prior written
approval of the House and Senate Committees on
Appropriations: <<NOTE: Notification. Time period.>> Provided further,
That the Secretary shall provide notification to such Committees three
business days in advance of any such transfers under this section up to
10 percent or $4,000,000, whichever is less.
Sec. 223. (a) <<NOTE: Determination.>> Any entity receiving housing
assistance payments shall maintain decent, safe, and sanitary
conditions, as determined by the Secretary of Housing and Urban
Development (in this section referred to as the ``Secretary''), and
comply with any standards under applicable State or local laws, rules,
ordinances, or regulations relating to the physical condition of any
property covered under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when a
multifamily housing project with a section 8 contract or contract for
similar project-based assistance--
(1) receives a Uniform Physical Condition Standards (UPCS)
score of 60 or less; or
(2) <<NOTE: Certification. Deadline.>> fails to certify in
writing to the Secretary within 3 days that all Exigent Health
and Safety deficiencies identified by the inspector at the
project have been corrected.
Such requirements shall apply to insured and noninsured projects with
assistance attached to the units under section 8 of the United States
Housing Act of 1937 (42 U.S.C. 1437f), but do not apply to such units
assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13)) or to public
housing units assisted with capital or operating funds under section 9
of the United States Housing Act of 1937 (42 U.S.C. 1437g).
(c)(1) <<NOTE: Deadline. Notice. Determination.>> Within 15 days of
the issuance of the REAC inspection, the Secretary must provide the
owner with a Notice of Default with a specified timetable, determined by
the Secretary, for correcting all deficiencies. <<NOTE: Records.>> The
Secretary must also provide a copy of the Notice of Default to the
tenants, the local government, any mortgagees, and any contract
administrator. If the owner's
[[Page 131 STAT. 786]]
appeal results in a UPCS score of 60 or above, the Secretary may
withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may--
(A) require immediate replacement of project management with
a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with
priority given to the tenants of the property affected by the
penalty;
(C) <<NOTE: Determination.>> abate the section 8 contract,
including partial abatement, as determined by the Secretary,
until all deficiencies have been corrected;
(D) pursue transfer of the project to an owner, approved by
the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal is
offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions or
debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party to
stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to
effectuate; or
(I) take any other regulatory or contractual remedies
available as deemed necessary and appropriate by the Secretary.
(d) <<NOTE: Determination. Consultation.>> The Secretary shall also
take appropriate steps to ensure that project-based contracts remain in
effect, subject to the exercise of contractual abatement remedies to
assist relocation of tenants for major threats to health and safety
after written notice to the affected tenants. To the extent the
Secretary determines, in consultation with the tenants and the local
government, that the property is not feasible for continued rental
assistance payments under such section 8 or other programs, based on
consideration of--
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (``MAHRAA''); and
(2) environmental conditions that cannot be remedied in a
cost-effective fashion, the Secretary may contract for project-
based rental assistance payments with an owner or owners of
other existing housing properties, or provide other rental
assistance.
(e) <<NOTE: Deadline. Reports. Time period.>> The Secretary shall
report quarterly on all properties covered by this section that are
assessed through the Real Estate Assessment Center and have UPCS
physical inspection scores of
[[Page 131 STAT. 787]]
less than 60 or have received an unsatisfactory management and occupancy
review within the past 36 months. The report shall include--
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) <<NOTE: Recommenda- tions.>> any administrative or
legislative recommendations to further improve the living
conditions at properties covered under a housing assistance
payment contract.
Sec. 224. None of the funds made available by this Act, or any
other Act, for purposes authorized under section 8 (only with respect to
the tenant-based rental assistance program) and section 9 of the United
States Housing Act of 1937 (42 U.S.C. 1437 et seq.), may be used by any
public housing agency for any amount of salary, including bonuses, for
the chief executive officer of which, or any other official or employee
of which, that exceeds the annual rate of basic pay payable for a
position at level IV of the Executive Schedule at any time during any
public housing agency fiscal year 2017.
Sec. 225. None of the funds in this Act may be available for the
doctoral dissertation research grant program at the Department of
Housing and Urban Development.
Sec. 226. Section 24 of the United States Housing Act of 1937 (42
U.S.C. 1437v) is amended--
(1) in subsection (m)(1), by striking ``fiscal year'' and
all that follows through the period at the end and inserting
``fiscal year 2017.''; and
(2) in subsection (o), by striking ``September'' and all
that follows through the period at the end and inserting
``September 30, 2017.''.
Sec. 227. None <<NOTE: Notification. Deadline.>> of the funds in
this Act provided to the Department of Housing and Urban Development may
be used to make a grant award unless the Secretary notifies the House
and Senate Committees on Appropriations not less than 3 full business
days before any project, State, locality, housing authority, tribe,
nonprofit organization, or other entity selected to receive a grant
award is announced by the Department or its offices.
Sec. 228. None of the funds made available by this Act may be used
to require or enforce the Physical Needs Assessment (PNA).
Sec. 229. None of the funds made available by this Act nor any
receipts or amounts collected under any Federal Housing Administration
program may be used to implement the Homeowners Armed with Knowledge
(HAWK) program.
Sec. 230. None of the funds made available in this Act shall be
used by the Federal Housing Administration, the Government National
Mortgage Administration, or the Department of Housing and Urban
Development to insure, securitize, or establish a Federal guarantee of
any mortgage or mortgage backed security that refinances or otherwise
replaces a mortgage that has been subject to eminent domain condemnation
or seizure, by a State, municipality, or any other political subdivision
of a State.
Sec. 231. None of the funds made available by this Act may be used
to terminate the status of a unit of general local government
[[Page 131 STAT. 788]]
as a metropolitan city (as defined in section 102 of the Housing and
Community Development Act of 1974 (42 U.S.C. 5302)) with respect to
grants under section 106 of such Act (42 U.S.C. 5306).
Sec. 232. Amounts made available under this Act which are either
appropriated, allocated, advanced on a reimbursable basis, or
transferred to the Office of Policy Development and Research in the
Department of Housing and Urban Development and functions thereof, for
research, evaluation, or statistical purposes, and which are unexpended
at the time of completion of a contract, grant, or cooperative
agreement, may be deobligated and shall immediately become available and
may be reobligated in that fiscal year or the subsequent fiscal year for
the research, evaluation, or statistical purposes for which the amounts
are made available to that Office subject to reprogramming requirements
in section 405 of this Act.
Sec. 233. None of the funds provided in this Act or any other act
may be used for awards, including performance, special act, or spot, for
any employee of the Department of Housing and Urban Development who has
been subject to administrative discipline in fiscal years 2016 or 2017,
including suspension from work.
Sec. 234. Funds made available in this title under the heading
``Homeless Assistance Grants'' may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section
526 of division H of Public Law 113-76, section 524 of division G of
Public Law 113-235, section 525 of division H of Public Law 114-113, and
such authorities as are enacted for Performance Partnership Pilots in an
appropriations Act for fiscal year 2017: Provided, That such
participation shall be limited to no more than 10 continuums of care and
housing activities to improve outcomes for disconnected youth.
Sec. 235. With respect to grant amounts awarded under the heading
``Homeless Assistance Grants'' for fiscal years 2015, 2016, and 2017 for
the continuum of care (CoC) program as authorized under subtitle C of
title IV of the McKinney-Vento Homeless Assistance Act, costs paid by
program income of grant recipients may count toward meeting the
recipient's matching requirements, provided the costs are eligible CoC
costs that supplement the recipients CoC program.
Sec. 236. (a) <<NOTE: Grants.>> From amounts made available under
this title under the heading ``Homeless Assistance Grants'', the
Secretary may award 1-year transition grants to recipients of funds for
activities under subtitle C of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.) to transition from one Continuum of Care
program component to another.
(b) No more than 50 percent of each transition grant may be used for
costs of eligible activities of the program component originally funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of the
new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care and
meet standards determined by the Secretary.
Sec. 237. (a) Section 302 of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4822) is amended in subsection (e)--
(1) in paragraph (1)--
[[Page 131 STAT. 789]]
(i) by striking ``handicapped'' and inserting
``persons with disabilities, or any 0-bedroom
dwelling'';
(ii) by inserting ``or'' after ``expected to
reside;''; and
(iii) by striking ``less than 7 years of age'' and
inserting ``under age 6'';
(2) in paragraph (2) by striking ``; or'' and inserting
``.''; and
(3) by striking paragraph (3).
(b) Section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b) is amended in paragraph (27)--
(1) by inserting ``or any 0-bedroom dwelling'' after
``disabilities,''; and
(2) by deleting ``housing for the elderly or persons with
disabilities) or any 0 bedroom dwelling'' and inserting
``housing)''.
(c) Section 401 of the Toxic Substances Control Act (15 U.S.C. 2681)
is amended in paragraph (17)--
(1) by inserting ``or any 0-bedroom dwelling'' after
``disabilities,''; and
(2) by deleting ``housing for the elderly or persons with
disabilities) or any 0 bedroom dwelling'' and inserting
``housing)''.
Sec. 238. Section 211 of the Department of Housing and Urban
Development Appropriations Act, 2008, <<NOTE: 42 USC 1437 note.>> is
repealed.
Sec. 239. The language under the heading Rental Assistance
Demonstration in the Department of Housing and Urban Development
Appropriations Act, 2012 (Public Law 112-55), is <<NOTE: 42 USC 1437f
note.>> amended--
(1) in the second proviso, by striking ``2018'' and
inserting ``2020''; and
(2) in the fourth proviso, by striking ``185,000'' and
inserting ``225,000''.
Sec. 240. The <<NOTE: Notice. Effective date. 42 USC 1437a note.>>
Secretary shall establish by notice such requirements as may be
necessary to implement section 78001 of title LXXVIII of the Fixing
America's Surface Transportation Act (Public Law 114-94), and the notice
shall take effect upon issuance: Provided,
That <<NOTE: Regulations. Deadline. Time period.>> the Secretary shall
commence rulemaking based on the initial notice no later than the
expiration of the 6-month period following issuance of the notice and
the rulemaking shall allow for the opportunity for public comment.
Sec. 241. For <<NOTE: Grants.>> fiscal year 2017 and hereafter,
the Secretary of Housing and Urban Development may use amounts made
available for the Continuum of Care program under the ``Homeless
Assistance Grants'' heading under this title to renew a grant originally
awarded pursuant to the matter under the heading ``Department of Housing
and Urban Development--Permanent Supportive Housing'' in chapter 6 of
title III of the Supplemental Appropriations Act, 2008 (Public Law 110-
252; 122 Stat. 2351) for assistance under subtitle F of title IV of the
McKinney-Vento Homeless Assistance Act (42 U.S.C 11403 et seq.). Such
renewal grant shall be awarded to the same grantee and be subject to the
provisions of such Continuum of Care program except that the funds may
be used outside the geographic area of the continuum of care.
Sec. 242. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with respect
to the right of a jurisdiction to draw funds from its HOME
[[Page 131 STAT. 790]]
Investment Trust Fund that otherwise expired or would expire in 2016,
2017, 2018, or 2019 under that section.
Sec. 243. None of the funds made available by this Act may be used
by the Department of Housing and Urban Development to direct a grantee
to undertake specific changes to existing zoning laws as part of
carrying out the final rule entitled ``Affirmatively Furthering Fair
Housing'' (80 Fed. Reg. 42272 (July 16, 2015)) or the notice entitled
``Affirmatively Furthering Fair Housing Assessment Tool'' (79 Fed. Reg.
57949 (September 26, 2014)).
This title may be cited as the ``Department of Housing and Urban
Development Appropriations Act, 2017''.
TITLE III
RELATED AGENCIES
Access Board
salaries and expenses
For expenses necessary for the Access Board, as authorized by
section 502 of the Rehabilitation Act of 1973, as amended, $8,190,000:
Provided, That, notwithstanding any other provision of law, there may be
credited to this appropriation funds received for publications and
training expenses.
Federal Maritime Commission
salaries and expenses
For necessary expenses of the Federal Maritime Commission as
authorized by section 201(d) of the Merchant Marine Act, 1936, as
amended (46 U.S.C. 307), including services as authorized by 5 U.S.C.
3109; hire of passenger motor vehicles as authorized by 31 U.S.C.
1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C.
5901-5902, $27,490,000: Provided, That not to exceed $2,000 shall be
available for official reception and representation expenses.
National Railroad Passenger Corporation
Office of Inspector General
salaries and expenses
For necessary expenses of the Office of Inspector General for the
National Railroad Passenger Corporation to carry out the provisions of
the Inspector General Act of 1978, as amended, $23,274,000: Provided,
That <<NOTE: Investigative authority.>> the Inspector General shall
have all necessary authority, in carrying out the duties specified in
the Inspector General Act, as amended (5 U.S.C. App. 3), to investigate
allegations of fraud, including false statements to the government (18
U.S.C. 1001), by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided further, That the
Inspector General may enter into contracts and other arrangements for
audits, studies, analyses, and other services with public agencies and
with private persons, subject to the applicable laws and regulations
that govern the obtaining of such services
[[Page 131 STAT. 791]]
within the National Railroad Passenger Corporation: Provided further,
That the Inspector General may select, appoint, and employ such officers
and employees as may be necessary for carrying out the functions,
powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the Corporation:
Provided further, That <<NOTE: Budget request.>> concurrent with the
President's budget request for fiscal year 2018, the Inspector General
shall submit to the House and Senate Committees on Appropriations a
budget request for fiscal year 2018 in similar format and substance to
those submitted by executive agencies of the Federal Government.
National Transportation Safety Board
salaries and expenses
For necessary expenses of the National Transportation Safety Board,
including hire of passenger motor vehicles and aircraft; services as
authorized by 5 U.S.C. 3109, but at rates for individuals not to exceed
the per diem rate equivalent to the rate for a GS-15; uniforms, or
allowances therefor, as authorized by law (5 U.S.C. 5901-5902),
$106,000,000, of which not to exceed $2,000 may be used for official
reception and representation expenses. The amounts made available to the
National Transportation Safety Board in this Act include amounts
necessary to make lease payments on an obligation incurred in fiscal
year 2001 for a capital lease.
Neighborhood Reinvestment Corporation
payment to the neighborhood reinvestment corporation
For payment to the Neighborhood Reinvestment Corporation for use in
neighborhood reinvestment activities, as authorized by the Neighborhood
Reinvestment Corporation Act (42 U.S.C. 8101-8107), $140,000,000, of
which $5,000,000 shall be for a multi-family rental housing program.
Surface Transportation Board
salaries and expenses
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,000,000: Provided,
That notwithstanding any other provision of law, not to exceed
$1,250,000 from fees established by the Chairman of the Surface
Transportation Board shall be credited to this appropriation as
offsetting collections and used for necessary and authorized expenses
under this heading: Provided further, That the sum herein appropriated
from the general fund shall be reduced on a dollar-for-dollar basis as
such offsetting collections are received during fiscal year 2017, to
result in a final appropriation from the general fund estimated at no
more than $35,750,000.
[[Page 131 STAT. 792]]
United States Interagency Council on Homelessness
operating expenses
For necessary expenses (including payment of salaries, authorized
travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section 3109
of title 5, United States Code) of the United States Interagency Council
on Homelessness in carrying out the functions pursuant to title II of
the McKinney-Vento Homeless Assistance Act, as amended, $3,600,000:
Provided, That title II of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11319) is amended by striking ``October 1, 2017'' in section
209 and inserting ``October 1, 2018''.
TITLE IV
GENERAL PROVISIONS--THIS ACT
(including rescissions)
Sec. 401. None of the funds in this Act shall be used for the
planning or execution of any program to pay the expenses of, or
otherwise compensate, non-Federal parties intervening in regulatory or
adjudicatory proceedings funded in this Act.
Sec. 402. None of the funds appropriated in this Act shall remain
available for obligation beyond the current fiscal year, nor may any be
transferred to other appropriations, unless expressly so provided
herein.
Sec. 403. The <<NOTE: Contracts.>> expenditure of any
appropriation under this Act for any consulting service through a
procurement contract pursuant to section 3109 of title 5, United States
Code, shall be limited to those contracts where such expenditures are a
matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
Sec. 404. (a) None of the funds made available in this Act may be
obligated or expended for any employee training that--
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of
emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the
content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with
religious or quasi-religious belief systems or ``new age''
belief systems as defined in Equal Employment Opportunity
Commission Notice N-915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants'
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon the
performance of official duties.
Sec. 405. Except as otherwise provided in this Act, none of the
funds provided in this Act, provided by previous appropriations Acts to
the agencies or entities funded in this Act that remain
[[Page 131 STAT. 793]]
available for obligation or expenditure in fiscal year 2017, or provided
from any accounts in the Treasury derived by the collection of fees and
available to the agencies funded by this Act, shall be available for
obligation or expenditure through a reprogramming of funds that--
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted by
the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations for a
different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch,
division, office, bureau, board, commission, agency,
administration, or department different from the budget
justifications submitted to the Committees on Appropriations or
the table accompanying the explanatory statement accompanying
this Act, whichever is more detailed, unless prior approval is
received from the House and Senate Committees on Appropriations:
Provided, That <<NOTE: Deadline. Reports.>> not later than 60
days after the date of enactment of this Act, each agency funded
by this Act shall submit a report to the Committees on
Appropriations of the Senate and of the House of Representatives
to establish the baseline for application of reprogramming and
transfer authorities for the current fiscal year: Provided
further, That the report shall include--
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the
President's budget request, adjustments made by
Congress, adjustments due to enacted rescissions, if
appropriate, and the fiscal year enacted level;
(B) a delineation in the table for each
appropriation and its respective prior year enacted
level by object class and program, project, and activity
as detailed in the budget appendix for the respective
appropriation; and
(C) an identification of items of special
congressional interest.
Sec. 406. Except as otherwise specifically provided by law, not to
exceed 50 percent of unobligated balances remaining available at the end
of fiscal year 2017 from appropriations made available for salaries and
expenses for fiscal year 2017 in this Act, shall remain available
through September 30, 2018, for each such account for the purposes
authorized: Provided, That <<NOTE: Submission.>> a request shall be
submitted to the House and Senate Committees on Appropriations for
approval prior to the expenditure of such funds: Provided further, That
these requests shall be made in compliance with reprogramming guidelines
under section 405 of this Act.
Sec. 407. No <<NOTE: Eminent domain.>> funds in this Act may be
used to support any Federal, State, or local projects that seek to use
the power of eminent domain, unless eminent domain is employed only for
a public use: Provided, That for purposes of this section, public use
[[Page 131 STAT. 794]]
shall not be construed to include economic development that primarily
benefits private entities: Provided further, That any use of funds for
mass transit, railroad, airport, seaport or highway projects, as well as
utility projects which benefit or serve the general public (including
energy-related, communication-related, water-related and wastewater-
related infrastructure), other structures designated for use by the
general public or which have other common-carrier or public-utility
functions that serve the general public and are subject to regulation
and oversight by the government, and projects for the removal of an
immediate threat to public health and safety or brownfields as defined
in the Small Business Liability Relief and Brownfields Revitalization
Act (Public Law 107-118) shall be considered a public use for purposes
of eminent domain.
Sec. 408. None of the funds made available in this Act may be
transferred to any department, agency, or instrumentality of the United
States Government, except pursuant to a transfer made by, or transfer
authority provided in, this Act or any other appropriations Act.
Sec. 409. No <<NOTE: Deadline. Time period.>> part of any
appropriation contained in this Act shall be available to pay the salary
for any person filling a position, other than a temporary position,
formerly held by an employee who has left to enter the Armed Forces of
the United States and has satisfactorily completed his or her period of
active military or naval service, and has within 90 days after his or
her release from such service or from hospitalization continuing after
discharge for a period of not more than 1 year, made application for
restoration to his or her former position and has been certified by the
Office of Personnel Management as still qualified to perform the duties
of his or her former position and has not been restored thereto.
Sec. 410. No funds appropriated pursuant to this Act may be
expended by an entity unless the entity agrees that in expending the
assistance the entity will comply with sections 2 through 4 of the Act
of March 3, 1933 (41 U.S.C. 8301-8305, popularly known as the ``Buy
American Act'').
Sec. 411. No funds appropriated or otherwise made available under
this Act shall be made available to any person or entity that has been
convicted of violating the Buy American Act (41 U.S.C. 8301-8305).
Sec. 412. None of the funds made available in this Act may be used
for first-class airline accommodations in contravention of sections 301-
10.122 and 301-10.123 of title 41, Code of Federal Regulations.
Sec. 413. (a) None of the funds made available by this Act may be
used to approve a new foreign air carrier permit under sections 41301
through 41305 of title 49, United States Code, or exemption application
under section 40109 of that title of an air carrier already holding an
air operators certificate issued by a country that is party to the U.S.-
E.U.-Iceland-Norway Air Transport Agreement where such approval would
contravene United States law or Article 17 bis of the U.S.-E.U.-Iceland-
Norway Air Transport Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign air
carrier permit or an exemption to such an air carrier where such
authorization is consistent with the U.S.-E.U.-Iceland-Norway Air
Transport Agreement and United States law.
[[Page 131 STAT. 795]]
Sec. 414. None <<NOTE: Reports. Deadline.>> of the funds made
available in this Act may be used to send or otherwise pay for the
attendance of more than 50 employees of a single agency or department of
the United States Government, who are stationed in the United States, at
any single international conference unless the relevant Secretary
reports to the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, That <<NOTE: Definition.>> for purposes of this
section the term ``international conference'' shall mean a conference
occurring outside of the United States attended by representatives of
the United States Government and of foreign governments, international
organizations, or nongovernmental organizations.
Sec. 415. None of the funds made available by this Act may be used
by the Department of Transportation, the Department of Housing and Urban
Development, or any other Federal agency to lease or purchase new light
duty vehicles for any executive fleet, or for an agency's fleet
inventory, except in accordance with Presidential Memorandum--Federal
Fleet Performance, dated May 24, 2011.
Sec. 416. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation Board
to charge or collect any filing fee for rate or practice complaints
filed with the Board in an amount in excess of the amount authorized for
district court civil suit filing fees under section 1914 of title 28,
United States Code.
Sec. 417. All unobligated balances, including recaptures and
carryover, remaining from funds appropriated in division L of Public Law
114-113 for ``Department of Transportation-Office of the Secretary-
Salaries and Expenses'', ``Department of Transportation-Office of the
Secretary-Office of Civil Rights'', ``Department of Transportation-
Office of the Secretary-Minority Business Outreach'', ``Department of
Transportation-Federal Transit Administration-Administrative Expenses'',
``Department of Transportation-Pipeline and Hazardous Materials Safety
Administration-Operational Expenses'', ``Department of Transportation-
Surface Transportation Board-Salaries and Expenses'', ``Access Board-
Salaries and Expenses'', ``Federal Maritime Commission-Salaries and
Expenses'', ``National Railroad Passenger Corporation-Office of
Inspector General-Salaries and Expenses'', ``National Transportation
Safety Board-Salaries and Expenses'', and ``United States Interagency
Council on Homelessness-Operating Expenses'' are rescinded.
Sec. 418. (a) <<NOTE: Records.>> None of the funds made available
in this Act may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other materials
available to the department or agency over which that Inspector General
has responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.), or to prevent or impede that Inspector General's access to such
records, documents, or other materials, under any provision of law,
except a provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General's right of access.
(b) A department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and other
materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory
limitations on disclosure relevant to the information provided
[[Page 131 STAT. 796]]
by the establishment over which that Inspector General has
responsibilities under the Inspector General Act of 1978 (5 U.S.C.
App.).
(d) <<NOTE: Reports. Deadline.>> Each Inspector General covered by
this section shall report to the Committees on Appropriations of the
House of Representatives and the Senate within 5 calendar days any
failures to comply with this requirement.
Sec. 419. Notwithstanding any other provision of law, on and after
the date of enactment of this Act (without regard to fiscal year)--
(1) subsections (c) and (d) of section 395.3 of title 49,
Code of Federal Regulations, as codified on the day before the
date of enactment of this Act, are null and void; and
(2) section 395.3(c) of title 49, Code of Federal
Regulations, as in effect on December 26, 2011, is hereby
restored to full force and effect.
Sec. 420. For an additional amount for the Emergency Relief Program
as authorized by section 125 of title 23, United States Code,
$528,000,000, to remain available until expended: Provided, That such
amount is designated by the Congress as an emergency requirement
pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
Sec. 421. For an additional amount for ``Department of Housing and
Urban Development, Community Planning and Development, Community
Development Fund'', $400,000,000, to remain available until expended,
which amounts shall be allocated and used under the same authority and
conditions as--
(1) the additional appropriations for fiscal year 2016 in
section 145(a) of division C of Public Law 114-223 and for
fiscal year 2017 in section 192(a) of division C of Public Law
114-223 (as added by section 101(3) of division A of Public Law
114-254) (except for the last proviso under such section 145(a)
and the proviso under such section 192);
(2) the additional appropriation for fiscal year 2016 in
section 420 of title IV of division L of Public Law 114-113
(except for the last two provisos under such section); and
(3) in section 145(a) of division C of Public Law 114-223
(except for the last proviso under such section 145(a)), for
additional major disasters declared in calendar year 2017 or
later until such funds are fully allocated:
Provided, That amounts authorized for use under section 192(b) of
division C of Public Law 114-223 (as added by section 101(3) of division
A of Public Law 114-254) may be used for necessary costs, including
information technology costs, of administering and overseeing the
obligation and expenditure of amounts made available under this section:
Provided further, That amounts made available by this section shall be
designated by the Congress as an emergency requirement pursuant to
section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Sec. 422. (a) <<NOTE: Notification. Deadline. Reports.>> A State or
territory, as defined in section 165 of title 23, United States Code,
may use for any project eligible under section 133(b) of title 23 or
section 165 of title 23 and located within the boundary of the State or
territory any earmarked amount, and any associated obligation
limitation, provided that the Department of Transportation for the State
or territory for which the earmarked amount was originally designated or
directed notifies the Secretary of Transportation of its intent to use
its authority under this section and submits a quarterly report to
[[Page 131 STAT. 797]]
the Secretary identifying the projects to which the funding would
be applied. <<NOTE: Time period.>> Notwithstanding the original period
of availability of funds to be obligated under this section, such funds
and associated obligation limitation shall remain available for
obligation for a period of 3 fiscal years after the fiscal year in which
the Secretary of Transportation is notified. The Federal share of the
cost of a project carried out with funds made available under this
section shall be the same as associated with the earmark.
(b) <<NOTE: Definition.>> In this section, the term ``earmarked
amount'' means--
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a prior
law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of the
Rules of the House of Representatives identified in a prior law,
report, or joint explanatory statement, which was authorized to
be appropriated or appropriated more than 10 fiscal years prior
to the current fiscal year, and administered by the Federal
Highway Administration.
(c) The authority under subsection (a) may be exercised only for
those projects or activities that have obligated less than 10 percent of
the amount made available for obligation as of October 1 of the current
fiscal year, and shall be applied to projects within the same general
geographic area within 100 miles for which the funding was designated,
except that a State or territory may apply such authority to unexpended
balances of funds from projects or activities the State or territory
certifies have been closed and for which payments have been made under a
final voucher.
(d) <<NOTE: Reports. Deadline.>> The Secretary shall submit
consolidated reports of the information provided by the States and
territories each quarter to the House and Senate Committees on
Appropriations.
Sec. 423. (a) Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 <<NOTE: 105 Stat. 2031.>> is
amended by adding at the end the following:
``(89) United States Route 67 from Interstate 40 in North
Little Rock, Arkansas, to United States Route 412.
``(90) The Edward T. Breathitt Parkway from Interstate 24 to
Interstate 69.''.
(b) Section 1105(e)(5)(A) of the Intermodal Surface Transportation
Efficiency Act of 1991 is amended in the first sentence by striking
``and subsection (c)(83)'' and inserting ``subsection (c)(83),
subsection (c)(89), and subsection (c)(90)''.
(c) Section 1105(e)(5)(C)(i) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by adding at the end
the following: ``The route referred to in subsection (c)(89) is
designated as Interstate Route I-57. The route referred to in subsection
(c)(90) is designated as Interstate Route I-169.''.
This division may be cited as the ``Transportation, Housing and
Urban Development, and Related Agencies Appropriations Act, 2017''.
[[Page 131 STAT. 798]]
DIVISION L--MILITARY CONSTRUCTION <<NOTE: Military Construction and
Veterans Affairs-- Additional Appropriations Act, 2017.>> AND VETERANS
AFFAIRS--ADDITIONAL APPROPRIATIONS ACT, 2017
TITLE I
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
Military Construction, Army
For an additional amount for ``Military Construction, Army'',
$39,500,000, to remain available until September 30, 2021: Provided,
That such funds may be obligated and expended to carry out planning and
design and military construction projects authorized by law: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Military Construction, Navy and Marine Corps
For an additional amount for ``Military Construction, Navy and
Marine Corps'', $66,708,000, to remain available until September 30,
2021: Provided, That such funds may be obligated and expended to carry
out planning and design and military construction projects authorized by
law: Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Construction, Air Force
For an additional amount for ``Military Construction, Air Force'',
$105,300,000, to remain available until September 30, 2021: Provided,
That such funds may be obligated and expended to carry out planning and
design and military construction projects authorized by law: Provided
further, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control
Act of 1985.
Military Construction, Army National Guard
For an additional amount for ``Military Construction, Army National
Guard'', $12,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Construction, Air National Guard
For an additional amount for ``Military Construction, Air National
Guard'', $13,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended
[[Page 131 STAT. 799]]
to carry out planning and design and military construction projects
authorized by law: Provided further, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
Military Construction, Army Reserve
For an additional amount for ``Military Construction, Army
Reserve'', $10,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Construction, Navy Reserve
For an additional amount for ``Military Construction, Navy
Reserve'', $4,525,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Military Construction, Air Force Reserve
For an additional amount for ``Military Construction, Air Force
Reserve'', $9,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry out
planning and design and military construction projects authorized by
law: Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism pursuant to
section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
Administrative Provision--This Title
(rescission of funds)
Sec. 101. Of the unobligated balances made available by division I
of Public Law 113-235 for ``European Reassurance Initiative Military
Construction'' for ``Military Construction, Air Force'', $12,300,000 are
hereby rescinded: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
[[Page 131 STAT. 800]]
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
Veterans Health Administration
medical services
For an additional amount for ``Medical Services'', $50,000,000, to
remain available until September 30, 2018: Provided, That such funds
shall be for opioid and substance abuse prevention and treatment, and
further implementation of the Jason Simcakoski Memorial and Promise Act
(Title IX of Public Law 114-198).
TITLE III
GENERAL PROVISION--THIS DIVISION
Sec. 301. Notwithstanding any other provision of law, funds made
available in this division are in addition to amounts appropriated or
otherwise made available for the Department of Defense and the
Department of Veterans Affairs for fiscal year 2017: Provided, That
such amounts shall be subject to the terms and conditions set forth in
division A of Public Law 114-223.
This division may be cited as ``Military Construction and Veterans
Affairs--Additional Appropriations Act, 2017''.
DIVISION M--OTHER MATTERS
TITLE I--HEALTH <<NOTE: Health Benefits for Miners Act of 2017.>>
BENEFITS FOR MINERS ACT OF 2017
SEC. 101. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.
This title may be cited as ``Health Benefits for Miners Act of
2017''.
SEC. 102. EXTENSION OF TANF PROGRAM AND DETERMINING WHAT WORKS TO
MOVE WELFARE RECIPIENTS INTO JOBS.
(a) In General.--Each of the following provisions of the Social
Security Act is amended by striking ``fiscal year 2012'' each place it
appears and inserting ``each of fiscal years 2017 and 2018'':
(1) Subparagraphs (A) and (C) of section 403(a)(1) (42
U.S.C. 603(a)(1)).
(2) Section 403(a)(2)(D) (42 U.S.C. 603(a)(2)(D)), except
that the 2nd sentence of such section is amended by striking
``fiscal year 2012'' and inserting ``fiscal year 2017 or 2018''.
(3) Paragraphs (1)(A) and (2)(A) of section 412(a) (42
U.S.C. 612(a)).
(4) Section 418(a)(3) (42 U.S.C. 618(a)(3)).
(5) Section 1108(b)(2) (42 U.S.C. 1308(b)(2)).
(b) Contingency Fund.--Section 403(b)(2) of such Act (42 U.S.C.
603(b)(2)) is amended to read as follows:
``(2) Deposits into fund.--Out of any money in the Treasury
of the United States not otherwise appropriated, there are
appropriated for fiscal year 2018 such sums as are necessary
[[Page 131 STAT. 801]]
for payment to the Fund in a total amount not to exceed
$608,000,000.''.
(c) Strengthening Welfare Research and Evaluation and Development of
a What Works Clearinghouse.--
(1) In general.--Section 413 of such Act (42 U.S.C. 613) is
amended to read as follows:
``SEC. 413. EVALUATION OF TEMPORARY ASSISTANCE FOR NEEDY FAMILIES
AND RELATED PROGRAMS.
``(a) <<NOTE: Determination.>> Evaluation of the Impacts of TANF.--
The Secretary shall conduct research on the effect of State programs
funded under this part and any other State program funded with qualified
State expenditures (as defined in section 409(a)(7)(B)(i)) on
employment, self-sufficiency, child well-being, unmarried births,
marriage, poverty, economic mobility, and other factors as determined by
the Secretary.
``(b) <<NOTE: Determination.>> Evaluation of Grants to Improve
Child Well-Being by Promoting Healthy Marriage and Responsible
Fatherhood.--The Secretary shall conduct research to determine the
effects of the grants made under section 403(a)(2) on child well-being,
marriage, family stability, economic mobility, poverty, and other
factors as determined by the Secretary.
``(c) <<NOTE: Consultation.>> Dissemination of Information.--The
Secretary shall, in consultation with States receiving funds provided
under this part, develop methods of disseminating information on any
research, evaluation, or study conducted under this section, including
facilitating the sharing of information and best practices among States
and localities.
``(d) State-Initiated Evaluations.--A State shall be eligible to
receive funding to evaluate the State program funded under this part or
any other State program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)) if--
``(1) the State submits to the Secretary a description of
the proposed evaluation;
``(2) <<NOTE: Determination.>> the Secretary determines
that the design and approach of the proposed evaluation is
rigorous and is likely to yield information that is credible and
will be useful to other States; and
``(3) unless waived by the Secretary, the State contributes
to the cost of the evaluation, from non-Federal sources, an
amount equal to at least 25 percent of the cost of the proposed
evaluation.
``(e) Census Bureau Research.--
``(1) <<NOTE: Surveys. Consultation.>> The Bureau of the
Census shall implement or enhance household surveys of program
participation, in consultation with the Secretary and the Bureau
of Labor Statistics and made available to interested parties, to
allow for the assessment of the outcomes of continued welfare
reform on the economic and child well-being of low-income
families with children, including those who received assistance
or services from a State program funded under this part or any
other State program funded with qualified State expenditures (as
defined in section 409(a)(7)(B)(i)). The content of the surveys
should include such information as may be necessary to examine
the issues of unmarried childbearing, marriage, welfare
dependency and compliance with work requirements, the beginning
and
[[Page 131 STAT. 802]]
ending of spells of assistance, work, earnings and employment
stability, and the well-being of children.
``(2) <<NOTE: Poverty.>> To carry out the activities
specified in paragraph (1), the Bureau of the Census, the
Secretary, and the Bureau of Labor Statistics shall consider
ways to improve the surveys and data derived from the surveys
to--
``(A) address under reporting of the receipt of
means-tested benefits and tax benefits for low-income
individuals and families;
``(B) increase understanding of poverty spells and
long-term poverty, including by facilitating the
matching of information to better understand
intergenerational poverty;
``(C) generate a better geographical understanding
of poverty such as through State-based estimates and
measures of neighborhood poverty;
``(D) increase understanding of the effects of
means-tested benefits and tax benefits on the earnings
and incomes of low-income families; and
``(E) improve how poverty and economic well-being
are measured, including through the use of consumption
measures, material deprivation measures, social
exclusion measures, and economic and social mobility
measures.
``(f) Research and Evaluation Conducted Under This Section.--
Research and evaluation conducted under this section designed to
determine the effects of a program or policy (other than research
conducted under subsection (e)) shall use experimental designs using
random assignment or other reliable, evidence-based research
methodologies that allow for the strongest possible causal inferences
when random assignment is not feasible.
``(g) Development of What Works Clearinghouse of Proven and
Promising Approaches To Move Welfare Recipients Into Work.--
``(1) <<NOTE: Consultation.>> In general.--The Secretary,
in consultation with the Secretary of Labor, shall develop a
database (which shall be referred to as the `What Works
Clearinghouse of Proven and Promising Projects to Move Welfare
Recipients into Work') of the projects that used a proven
approach or a promising approach in moving welfare recipients
into work, based on independent, rigorous evaluations of the
projects. <<NOTE: Lists.>> The database shall include a
separate listing of projects that used a developmental approach
in delivering services and a further separate listing of the
projects with no or negative effects. The Secretary shall add to
the What Works Clearinghouse of Proven and Promising Projects to
Move Welfare Recipients into Work data about the projects that,
based on an independent, well-conducted experimental evaluation
of a program or project, using random assignment or other
research methodologies that allow for the strongest possible
causal inferences, have shown they are proven, promising,
developmental, or ineffective approaches.
``(2) <<NOTE: Consultation.>> Criteria for evidence of
effectiveness of approach.--The Secretary, in consultation with
the Secretary of Labor and organizations with experience in
evaluating research on the effectiveness of various approaches
in delivering services to move welfare recipients into work,
shall--
``(A) establish criteria for evidence of
effectiveness; and
``(B) ensure that the process for establishing the
criteria--
[[Page 131 STAT. 803]]
``(i) is transparent;
``(ii) is consistent across agencies;
``(iii) provides opportunity for public
comment; and
``(iv) takes into account efforts of Federal
agencies to identify and publicize effective
interventions, including efforts at the Department
of Health and Human Services, the Department of
Education, and the Department of Justice.
``(h) Appropriation.--
``(1) In general.--Of the amount appropriated by section
403(a)(1) for each fiscal year, 0.33 percent shall be available
for research, technical assistance, and evaluation under this
section.
``(2) Allocation.--Of the amount made available under
paragraph (1) for each fiscal year, the Secretary shall make
available $10,000,000 plus such additional amount as the
Secretary deems necessary and appropriate, to carry out
subsection (e).
``(3) Baseline.--The baseline established pursuant to
section 257 of the Balanced Budget and Deficit Control Act of
1985 (2 U.S.C. 907(b)(2)) for the Temporary Assistance for Needy
Families Program shall be recorded by the Office of Management
and Budget and the Congressional Budget Office at the level
prior to any transfers recorded pursuant to section 413(h) of
this Act.''.
(2) Conforming amendment.--Section 403(a)(1)(B) of such Act
(42 U.S.C. 603(a)(1)(B)) is amended by inserting ``, reduced by
the percentage specified in section 413(h)(1) with respect to
the fiscal year,'' before ``as the amount''.
SEC. 103. FULL FUNDING FOR STATE COURTS TO IMPROVE THE HANDLING OF
CHILD WELFARE CASES.
Out of any money in the Treasury of the United States not otherwise
appropriated, there are hereby appropriated for fiscal year 2017
$20,000,000 for grants under section 438 of the Social Security Act, in
addition to any other amounts appropriated for such purpose. The amounts
appropriated by the preceding sentence shall be considered to be amounts
reserved under section 436(b)(2) of such Act for fiscal year 2017, for
purposes of clauses (ii) and (iii) of section 438(c)(3)(A) of such Act.
SEC. 104. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER
HEALTH BENEFIT PLAN.
(a) In General.--Section 402(h)(2)(C) of the Surface Mining Control
and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is amended--
(1) by striking clauses (ii), (iii), and (iv); and
(2) by inserting after clause (i) the following:
``(ii) Calculation of excess.--The excess
determined under clause (i) shall be calculated by
taking into account only--
``(I) those beneficiaries actually
enrolled in the Plan as of the date of
the enactment of the Health Benefits for
Miners Act of 2017 who are eligible to
receive health benefits under the Plan
on the first day of the calendar year
for which the transfer is made, other
than those beneficiaries enrolled in the
Plan under the terms of a participation
[[Page 131 STAT. 804]]
agreement with the current or former
employer of such beneficiaries; and
``(II) those beneficiaries whose
health benefits, defined as those
benefits payable, following death or
retirement or upon a finding of
disability, directly by an employer in
the bituminous coal industry under a
coal wage agreement (as defined in
section 9701(b)(1) of the Internal
Revenue Code of 1986), would be denied
or reduced as a result of a bankruptcy
proceeding commenced in 2012 or 2015.
For purposes of subclause (I), a beneficiary
enrolled in the Plan as of the date of the
enactment of the Health Benefits for Miners Act of
2017 shall be deemed to have been eligible to
receive health benefits under the Plan on January
1, 2017.
``(iii) Eligibility of certain retirees.--
Individuals referred to in clause (ii)(II) shall
be treated as eligible to receive health benefits
under the Plan.
``(iv) Requirements for transfer.--The amount
of the transfer otherwise determined under this
subparagraph for a fiscal year shall be reduced by
any amount transferred for the fiscal year to the
Plan, to pay benefits required under the Plan,
from a voluntary employees' beneficiary
association established as a result of a
bankruptcy proceeding described in clause (ii).''.
(b) <<NOTE: 30 USC 1232 note.>> Effective Date.--The amendments
made by this section shall apply to fiscal years beginning after
September 30, 2016.
SEC. 105. CUSTOMS USER FEES.
(a) In General.--Section 13031(j)(3)(A) of the Consolidated Omnibus
Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A)) is amended by
striking ``September 30, 2025'' and inserting ``January 14, 2026''.
(b) Rate for Merchandise Processing Fees.--Section 503 of the United
States-Korea Free Trade Agreement Implementation Act (Public Law 112-41;
19 U.S.C. 3805 note) is amended by striking ``September 30, 2025'' and
inserting ``January 14, 2026''.
TITLE II--PUERTO <<NOTE: Puerto Rico Section 1108(g) Amendment of
2017.>> RICO SECTION 1108(g) AMENDMENT OF 2017
SEC. 201. <<NOTE: 42 USC 1305 note.>> SHORT TITLE.
This title may be cited as ``Puerto Rico Section 1108(g) Amendment
of 2017''.
SEC. 202. PUERTO RICO SECTION 1108(g) AMENDMENT OF 2017.
(a) Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g))
is amended--
(1) in paragraph (4), by inserting ``and with respect to
fiscal years beginning with fiscal year 2017, if Puerto Rico
qualifies for a payment under section 1903(a)(6) for a calendar
quarter (beginning on or after July 1, 2017) of such fiscal
year'' after ``1903(a)(3)''; and
(2) in paragraph (5)--
[[Page 131 STAT. 805]]
(A) in the first sentence, by striking ``The
Secretary'' and inserting ``(A) Subject to subparagraph
(B), the Secretary''; and
(B) by adding at the end the following new
subparagraph:
``(B) The amount of the increase otherwise provided under
subparagraph (A) for Puerto Rico shall be further increased by
$295,900,000.''.
(b) <<NOTE: Effective date.>> All the unobligated amounts available
under section 1323(c)(1) of the Patient Protection and Affordable Care
Act (42 U.S.C. 18043(c)(1)) are rescinded immediately upon the date of
the enactment of this section.
TITLE III--GENERAL PROVISION
SEC. 301. BUDGETARY EFFECTS.
(a) Statutory PAYGO Scorecards.--The budgetary effects of this
division and each succeeding division shall not be entered on either
PAYGO scorecard maintained pursuant to section 4(d) of the Statutory
Pay-As-You-Go Act of 2010.
(b) Senate PAYGO Scorecards.--The budgetary effects of this division
and each succeeding division shall not be entered on any PAYGO scorecard
maintained for purposes of section 201 of S. Con. Res. 21 (110th
Congress).
(c) Classification of Budgetary Effects.--Notwithstanding Rule 3 of
the Budget Scorekeeping Guidelines set forth in the joint explanatory
statement of the committee of conference accompanying Conference Report
105-217 and section 250(c)(8) of the Balanced Budget and Emergency
Deficit Control Act of 1985, the budgetary effects of this division and
each succeeding division shall not be estimated--
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION N--INTELLIGENCE <<NOTE: Intelligence Authorization Act for
Fiscal Year 2017.>> AUTHORIZATION ACT FOR FISCAL YEAR 2017
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the ``Intelligence
Authorization Act for Fiscal Year 2017''.
(b) Table of Contents.--The table of contents for this division is
as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
TITLE I--INTELLIGENCE ACTIVITIES
Sec. 101. Authorization of appropriations.
Sec. 102. Classified Schedule of Authorizations.
Sec. 103. Personnel ceiling adjustments.
Sec. 104. Intelligence Community Management Account.
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
[[Page 131 STAT. 806]]
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by
law.
Sec. 303. Support to nonprofit organizations assisting intelligence
community employees.
Sec. 304. Promotion of science, technology, engineering, and mathematics
education in the intelligence community.
Sec. 305. Retention of employees of the intelligence community who have
science, technology, engineering, or mathematics expertise.
Sec. 306. Management of intelligence community personnel.
Sec. 307. Notification of repair or modification of facilities to be
used primarily by the intelligence community.
Sec. 308. Guidance and reporting requirement regarding the interactions
between the intelligence community and entertainment
industry.
Sec. 309. Protections for independent inspectors general of certain
elements of the intelligence community.
Sec. 310. Congressional oversight of policy directives and guidance.
Sec. 311. Notification of memoranda of understanding.
Sec. 312. Technical correction to Executive Schedule.
Sec. 313. Maximum amount charged for declassification reviews.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
Sec. 401. Designation of the Director of the National
Counterintelligence and Security Center.
Sec. 402. Analyses and impact statements by Director of National
Intelligence regarding investment into the United States.
Sec. 403. Assistance for governmental entities and private entities in
recognizing online violent extremist content.
Subtitle B--Central Intelligence Agency
Sec. 411. Enhanced death benefits for personnel of the Central
Intelligence Agency.
Sec. 412. Pay and retirement authorities of the Inspector General of the
Central Intelligence Agency.
Subtitle C--Other Elements
Sec. 421. Enhancing the technical workforce for the Federal Bureau of
Investigation.
Sec. 422. Plan on assumption of certain weather missions by the National
Reconnaissance Office.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
Sec. 501. Committee to counter active measures by the Russian Federation
to exert covert influence over peoples and governments.
Sec. 502. Strict enforcement of travel protocols and procedures of
accredited diplomatic and consular personnel of the Russian
Federation in the United States.
Sec. 503. Study and report on enhanced intelligence and information
sharing with Open Skies Treaty member states.
TITLE VI--REPORTS AND OTHER MATTERS
Sec. 601. Declassification review with respect to detainees transferred
from United States Naval Station, Guantanamo Bay, Cuba.
Sec. 602. Cyber Center for Education and Innovation-Home of the National
Cryptologic Museum.
Sec. 603. Report on national security systems.
Sec. 604. Joint facilities certification.
Sec. 605. Leadership and management of space activities.
Sec. 606. Advances in life sciences and biotechnology.
Sec. 607. Reports on declassification proposals.
Sec. 608. Improvement in Government classification and declassification.
Sec. 609. Report on implementation of research and development
recommendations.
Sec. 610. Report on Intelligence Community Research and Development
Corps.
Sec. 611. Report on information relating to academic programs,
scholarships, fellowships, and internships sponsored,
administered, or used by the intelligence community.
Sec. 612. Report on intelligence community employees detailed to
National Security Council.
[[Page 131 STAT. 807]]
Sec. 613. Intelligence community reporting to Congress on foreign
fighter flows.
Sec. 614. Report on cybersecurity threats to seaports of the United
States and maritime shipping.
Sec. 615. Report on reprisals against contractors of the intelligence
community.
SEC. 2. <<NOTE: 50 USC 3003 note.>> DEFINITIONS.
In this division:
(1) Congressional intelligence committees.--The term
``congressional intelligence committees'' means--
(A) the Select Committee on Intelligence of the
Senate; and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given that term in section 3(4) of
the National Security Act of 1947 (50 U.S.C. 3003(4)).
SEC. 3. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in the
House section of the Congressional Record on or about May 3, 2017, by
the Chairman of the Permanent Select Committee on Intelligence of the
House of Representatives, shall have the same effect with respect to the
implementation of this division as if it were a joint explanatory
statement of a committee of conference.
TITLE I--INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year 2017
for the conduct of the intelligence and intelligence-related activities
of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the Navy,
and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) Specifications of Amounts.--The amounts authorized to be
appropriated under section 101 and, subject to section 103, the
authorized personnel ceilings as of September 30, 2017, for the conduct
of the intelligence activities of the elements listed in paragraphs (1)
through (16) of section 101, are those specified
[[Page 131 STAT. 808]]
in the classified Schedule of Authorizations prepared to accompany this
division of this Act.
(b) Availability of Classified Schedule of Authorizations.--
(1) Availability.--The classified Schedule of Authorizations
referred to in subsection (a) shall be made available to the
Committee on Appropriations of the Senate, the Committee on
Appropriations of the House of Representatives, and to the
President.
(2) Distribution by the president.--Subject to paragraph
(3), the President shall provide for suitable distribution of
the classified Schedule of Authorizations referred to in
subsection (a), or of appropriate portions of such Schedule,
within the executive branch.
(3) Limits on disclosure.--The President shall not publicly
disclose the classified Schedule of Authorizations or any
portion of such Schedule except--
(A) as provided in section 601(a) of the
Implementing Recommendations of the 9/11 Commission Act
of 2007 (50 U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
(a) <<NOTE: Determination.>> Authority for Increases.--The Director
of National Intelligence may authorize employment of civilian personnel
in excess of the number authorized for fiscal year 2017 by the
classified Schedule of Authorizations referred to in section 102(a) if
the Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions, except
that the number of personnel employed in excess of the number authorized
under such section may not, for any element of the intelligence
community, exceed--
(1) 3 percent of the number of civilian personnel authorized
under such schedule for such element; or
(2) 10 percent of the number of civilian personnel
authorized under such schedule for such element for the purposes
of converting the performance of any function by contractors to
performance by civilian personnel.
(b) Treatment of Certain Personnel.--The Director of National
Intelligence shall establish guidelines that govern, for each element of
the intelligence community, the treatment under the personnel levels
authorized under section 102(a), including any exemption from such
personnel levels, of employment or assignment in--
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) <<NOTE: Deadline.>> Notice to Congressional Intelligence
Committees.--Not later than 15 days prior to the exercise of an
authority described in subsection (a), the Director of National
Intelligence shall submit to the congressional intelligence committees--
(1) a written notice of the exercise of such authority; and
(2) in the case of an exercise of such authority subject to
the limitation in subsection (a)(2), a written justification
[[Page 131 STAT. 809]]
for the contractor conversion that includes a comparison of
whole of government costs.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) Authorization of Appropriations.--There is authorized to be
appropriated for the Intelligence Community Management Account of the
Director of National Intelligence for fiscal year 2017 the sum of
$563,588,000. Within such amount, funds identified in the classified
Schedule of Authorizations referred to in section 102(a) for advanced
research and development shall remain available until September 30,
2018.
(b) Authorized Personnel Levels.--The elements within the
Intelligence Community Management Account of the Director of National
Intelligence are authorized 787 positions as of September 30, 2017.
Personnel serving in such elements may be permanent employees of the
Office of the Director of National Intelligence or personnel detailed
from other elements of the United States Government.
(c) Classified Authorizations.--
(1) Authorization of appropriations.--In addition to amounts
authorized to be appropriated for the Intelligence Community
Management Account by subsection (a), there are authorized to be
appropriated for the Intelligence Community Management Account
for fiscal year 2017 such additional amounts as are specified in
the classified Schedule of Authorizations referred to in section
102(a). Such additional amounts made available for advanced
research and development shall remain available until September
30, 2018.
(2) Authorization of personnel.--In addition to the
personnel authorized by subsection (b) for elements of the
Intelligence Community Management Account as of September 30,
2017, there are authorized such additional personnel for the
Community Management Account as of that date as are specified in
the classified Schedule of Authorizations referred to in section
102(a).
TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence
Agency Retirement and Disability Fund for fiscal year 2017 the sum of
$514,000,000.
TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not be
deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or the
laws of the United States.
[[Page 131 STAT. 810]]
SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be increased by
such additional or supplemental amounts as may be necessary for
increases in such compensation or benefits authorized by law.
SEC. 303. SUPPORT TO NONPROFIT ORGANIZATIONS ASSISTING
INTELLIGENCE COMMUNITY EMPLOYEES.
(a) Director of National Intelligence.--Section 102A of the National
Security Act of 1947 (50 U.S.C. 3024) is amended by adding at the end
the following:
``(y) Fundraising.--(1) The Director of National Intelligence may
engage in fundraising in an official capacity for the benefit of
nonprofit organizations that--
``(A) provide support to surviving family members of a
deceased employee of an element of the intelligence community;
or
``(B) otherwise provide support for the welfare, education,
or recreation of employees of an element of the intelligence
community, former employees of an element of the intelligence
community, or family members of such employees.
``(2) <<NOTE: Definition.>> In this subsection, the term
`fundraising' means the raising of funds through the active
participation in the promotion, production, or presentation of an event
designed to raise funds and does not include the direct solicitation of
money by any other means.
``(3) <<NOTE: Deadline. Notification.>> Not later than 7 days after
the date the Director engages in fundraising authorized by this
subsection or at the time the decision is made to participate in such
fundraising, the Director shall notify the congressional intelligence
committees of such fundraising.
``(4) <<NOTE: Consultation. Regulations.>> The Director, in
consultation with the Director of the Office of Government Ethics, shall
issue regulations to carry out the authority provided in this
subsection. Such regulations shall ensure that such authority is
exercised in a manner that is consistent with all relevant ethical
constraints and principles, including the avoidance of any prohibited
conflict of interest or appearance of impropriety.''.
(b) Director of the Central Intelligence Agency.--Section 12(f) of
the Central Intelligence Agency Act of 1949 (50 U.S.C. 3512(f)) is
amended by adding at the end the following:
``(3) <<NOTE: Deadline. Notification.>> Not later than the date
that is 7 days after the date the Director engages in fundraising
authorized by this subsection or at the time the decision is made to
participate in such fundraising, the Director shall notify the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives of the
fundraising.''.
SEC. 304. PROMOTION OF SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION IN THE INTELLIGENCE
COMMUNITY.
(a) Requirement for Investment Strategy for STEM Recruiting and
Outreach Activities.--Along with the budget for fiscal year 2018
submitted by the President pursuant to section 1105(a) of title 31,
United States Code, the Director of National
[[Page 131 STAT. 811]]
Intelligence shall submit a five-year investment strategy for outreach
and recruiting efforts in the fields of science, technology,
engineering, and mathematics (STEM), to include cybersecurity and
computer literacy.
(b) Requirement for Intelligence Community Plans for STEM Recruiting
and Outreach Activities.--For each of the fiscal years 2018 through
2022, the head of each element of the intelligence community shall
submit an investment plan along with the materials submitted as
justification of the budget request of such element that supports the
strategy required by subsection (a).
SEC. 305. RETENTION OF EMPLOYEES OF THE INTELLIGENCE COMMUNITY WHO
HAVE SCIENCE, TECHNOLOGY, ENGINEERING, OR
MATHEMATICS EXPERTISE.
(a) Special Rates of Pay for Certain Occupations in the Intelligence
Community.--The National Security Act of 1947 (50 U.S.C. 3001 et seq.)
is amended by inserting after section 113A the following:
``SEC. 113B. <<NOTE: 50 USC 3049a.>> SPECIAL PAY AUTHORITY FOR
SCIENCE, TECHNOLOGY, ENGINEERING, OR
MATHEMATICS POSITIONS.
``(a) Authority To Set Special Rates of Pay.--Notwithstanding part
III of title 5, United States Code, the head of each element of the
intelligence community may establish higher minimum rates of pay for 1
or more categories of positions in such element that require expertise
in science, technology, engineering, or mathematics (STEM).
``(b) Maximum Special Rate of Pay.--A minimum rate of pay
established for a category of positions under subsection (a) may not
exceed the maximum rate of basic pay (excluding any locality-based
comparability payment under section 5304 of title 5, United States Code,
or similar provision of law) for the position in that category of
positions without the authority of subsection (a) by more than 30
percent, and no rate may be established under this section in excess of
the rate of basic pay payable for level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
``(c) Notification of Removal From Special Rate of Pay.--If the head
of an element of the intelligence community removes a category of
positions from coverage under a rate of pay authorized by subsection (a)
after that rate of pay takes effect--
``(1) the head of such element shall provide notice of the
loss of coverage of the special rate of pay to each individual
in such category; and
``(2) the loss of coverage will take effect on the first day
of the first pay period after the date of the notice.
``(d) Revision of Special Rates of Pay.--Subject to the limitations
in this section, rates of pay established under this section by the head
of the element of the intelligence community may be revised from time to
time by the head of such element and the revisions have the force and
effect of statute.
``(e) Regulations.--The head of each element of the intelligence
community shall promulgate regulations to carry out this section with
respect to such element, which shall, to the extent practicable, be
comparable to the regulations promulgated to carry out section 5305 of
title 5, United States Code.
``(f) Reports.--
[[Page 131 STAT. 812]]
``(1) Requirement for reports.--Not later than 90 days after
the date of the enactment of the Intelligence Authorization Act
for Fiscal Year 2017, the head of each element of the
intelligence community shall submit to the congressional
intelligence committees a report on any rates of pay established
for such element under this section.
``(2) Contents.--Each report required by paragraph (1) shall
contain for each element of the intelligence community--
``(A) a description of any rates of pay established
under subsection (a); and
``(B) the number of positions in such element that
will be subject to such rates of pay.''.
(b) Table of Contents Amendment.--The table of contents in the first
section of the National Security Act of 1947 is amended by inserting
after the item relating to section 113A the following:
``Sec. 113B. Special pay authority for science, technology, engineering,
or math positions.''.
SEC. 306. <<NOTE: 50 USC 3331.>> MANAGEMENT OF INTELLIGENCE
COMMUNITY PERSONNEL.
(a) Multi-sector Workforce Initiative.--
(1) <<NOTE: Effective date.>> Requirement.--Beginning on
October 1, 2018, the Director of National Intelligence shall
improve management of the workforce of the intelligence
community by enabling elements of the intelligence community to
build and maintain an appropriate mix between employees of the
United States Government and core contractors.
(2) <<NOTE: Deadline. Time period.>> Briefing to
congress.--Not later than July 1, 2017, and each 120 days
thereafter until July 1, 2018, the Director of National
Intelligence shall brief the congressional intelligence
committees on the initiative required by paragraph (1).
(b) Management Based on Workload Requirements and Authorized
Funding.--
(1) <<NOTE: Effective date. Time periods.>> In general.--
Beginning on October 1, 2018, the personnel levels of the
intelligence community shall be managed each fiscal year on the
basis of--
(A) the workload required to carry out the functions
and activities of the intelligence community; and
(B) the funds made available to the intelligence
community in accordance with section 504 of the National
Security Act of 1947 (50 U.S.C. 3094).
(2) <<NOTE: Effective date.>> Prohibition on constraints or
limitations.--Beginning on October 1, 2018, the management of
such personnel in the intelligence community in any fiscal year
shall not be subject to an externally imposed constraint or
limitation expressed in terms of man years, end strength, full-
time equivalent positions, or maximum number of employees.
(c) Briefing and Report to Congress.--Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall issue a written report and provide a briefing to the
congressional intelligence committees on--
(1) the methodology used to calculate the number of civilian
and contractor full-time equivalent positions in the
intelligence community;
(2) <<NOTE: Analysis.>> the cost analysis tool used to
calculate personnel costs in the intelligence community; and
(3) <<NOTE: Plans.>> the plans of the Director of National
Intelligence and the head of each element of the intelligence
community to
[[Page 131 STAT. 813]]
implement a multi-sector workforce as required by subsections
(a) and (b).
(d) Report.--Not later than 240 days after date of the enactment of
this Act, the Inspector General of the Intelligence Community shall
submit to the congressional intelligence committees a written report on
the accuracy of intelligence community data for the numbers and costs
associated with the civilian and contractor workforce in each element of
the intelligence community.
SEC. 307. NOTIFICATION OF REPAIR OR MODIFICATION OF FACILITIES TO
BE USED PRIMARILY BY THE INTELLIGENCE
COMMUNITY.
Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)(2)) is amended by striking ``improvement
project to'' and inserting ``project for the improvement, repair, or
modification of''.
SEC. 308. <<NOTE: 50 USC 3332.>> GUIDANCE AND REPORTING
REQUIREMENT REGARDING THE INTERACTIONS
BETWEEN THE INTELLIGENCE COMMUNITY AND
ENTERTAINMENT INDUSTRY.
(a) Definitions.--In this section:
(1) Engagement.--The term ``engagement''--
(A) means any significant interaction between an
element of the intelligence community and an
entertainment industry entity for the purposes of
contributing to an entertainment product intended to be
heard, read, viewed, or otherwise experienced by the
public; and
(B) does not include routine inquiries made by the
press or news media to the public affairs office of an
intelligence community.
(2) Entertainment industry entity.--The term ``entertainment
industry entity'' means an entity that creates, produces,
promotes, or distributes a work of entertainment intended to be
heard, read, viewed, or otherwise experienced by an audience,
including--
(A) theater productions, motion pictures, radio
broadcasts, television broadcasts, podcasts, webcasts,
other sound or visual recording, music, or dance;
(B) books and other published material; and
(C) such other entertainment activity, as determined
by the Director of National Intelligence.
(b) Director of National Intelligence Guidance.--
(1) <<NOTE: Public information.>> In general.--Not later
than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall issue, and release to
the public, guidance regarding engagements by elements of the
intelligence community with entertainment industry entities.
(2) Criteria.--The guidance required by paragraph (1)
shall--
(A) permit an element of the intelligence community
to conduct engagements, if the head of the element, or a
designee of such head, provides prior approval; and
(B) require an unclassified annual report to the
congressional intelligence committees regarding
engagements.
(c) Annual Report.--Each report required by subsection (b)(2)(B)
shall include the following:
[[Page 131 STAT. 814]]
(1) A description of the nature and duration of each
engagement included in the review.
(2) The cost incurred by the United States Government for
each such engagement.
(3) A description of the benefits to the United States
Government for each such engagement.
(4) A determination of whether any information was
declassified, and whether any classified information was
improperly disclosed, or each such engagement.
(5) A description of the work produced through each such
engagement.
SEC. 309. <<NOTE: 50 USC 3024 note.>> PROTECTIONS FOR INDEPENDENT
INSPECTORS GENERAL OF CERTAIN ELEMENTS OF
THE INTELLIGENCE COMMUNITY.
(a) Limitation on Activities of Employees of an Office of Inspector
General.--
(1) <<NOTE: Deadline. Policy.>> Limitations.--Not later
than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall develop and implement a
uniform policy for each covered office of an inspector general
to better ensure the independence of each such office. Such
policy shall include--
(A) provisions to prevent any conflict of interest
related to a matter any employee of a covered office of
an inspector general personally and substantially
participated in during previous employment;
(B) standards to ensure personnel of a covered
office of an inspector general are free both in fact and
in appearance from personal, external, and
organizational impairments to independence;
(C) provisions to permit the head of each covered
office of an inspector general to waive the application
of the policy with respect to an individual if such
head--
(i) prepares a written and signed
justification for such waiver that sets out, in
detail, the need for such waiver, provided that
waivers shall not be issued for in fact
impairments to independence; and
(ii) <<NOTE: Submissions.>> submits to the
congressional intelligence committees each such
justification; and
(D) any other protections the Director determines
appropriate.
(2) Covered office of an inspector general defined.--The
term ``covered office of an inspector general'' means--
(A) the Office of the Inspector General of the
Intelligence Community; and
(B) the office of an inspector general for--
(i) the Office of the Director of National
Intelligence;
(ii) the Central Intelligence Agency;
(iii) the National Security Agency;
(iv) the Defense Intelligence Agency;
(v) the National Geospatial-Intelligence
Agency; and
(vi) the National Reconnaissance Office.
(3) Briefing to the congressional intelligence committees.--
Prior to the date that the policy required by paragraph (1)
takes effect, the Director of National Intelligence
[[Page 131 STAT. 815]]
shall provide the congressional intelligence committees a
briefing on such policy.
(b) Limitation on Rotation of Employees of an Office of Inspector
General.--Section 102A(l)(3) of the National Security Act of 1947 (50
U.S.C. 3024(l)(3)) is amended by adding at the end the following:
``(D) The mechanisms prescribed under subparagraph (A) and any other
policies of the Director--
``(i) may not require an employee of an office of inspector
general for an element of the intelligence community, including
the Office of the Inspector General of the Intelligence
Community, to rotate to a position in an office or organization
of such an element over which such office of inspector general
exercises jurisdiction; and
``(ii) shall be implemented in a manner that exempts
employees of an office of inspector general from a rotation that
may impact the independence of such office.''.
SEC. 310. <<NOTE: 50 USC 3312.>> CONGRESSIONAL OVERSIGHT OF
POLICY DIRECTIVES AND GUIDANCE.
(a) Covered Policy Document Defined.--In this section, the term
``covered policy document'' means any classified or unclassified
Presidential Policy Directive, Presidential Policy Guidance, or other
similar policy document issued by the President, including any
classified or unclassified annex to such a Directive, Guidance, or other
document, that assigns tasks, roles, or responsibilities to the
intelligence community or an element of the intelligence community.
(b) <<NOTE: Deadlines. Notification. Summary. Records.>>
Submissions to Congress.--The Director of National Intelligence shall
submit to the congressional intelligence committees the following:
(1) Not later than 15 days after the date that a covered
policy document is issued, a written notice of the issuance and
a summary of the subject matter addressed by such covered policy
document.
(2) Not later than 15 days after the date that the Director
issues any guidance or direction on implementation of a covered
policy document or implements a covered policy document, a copy
of such guidance or direction or a description of such
implementation.
(3) Not later than 15 days after the date of the enactment
of this Act, for any covered policy document issued prior to
such date that is being implemented by any element of the
intelligence community or that is in effect on such date--
(A) a written notice that includes the date such
covered policy document was issued and a summary of the
subject matter addressed by such covered policy
document; and
(B) if the Director has issued any guidance or
direction on implementation of such covered policy
document or is implementing such covered policy
document, a copy of the guidance or direction or a
written description of such implementation.
SEC. 311. <<NOTE: 50 USC 3313.>> NOTIFICATION OF MEMORANDA OF
UNDERSTANDING.
(a) <<NOTE: Deadlines.>> In General.--The head of each element of
the intelligence community shall submit to the congressional
intelligence committees a copy of each memorandum of understanding or
other agreement regarding significant operational activities or policy
between
[[Page 131 STAT. 816]]
or among such element and any other entity or entities of the United
States Government--
(1) for such a memorandum or agreement that is in effect on
the date of the enactment of this Act, not later than 60 days
after such date; and
(2) for such a memorandum or agreement entered into after
such date, in a timely manner and not more than 60 days after
the date such memorandum or other agreement is entered into.
(b) Administrative Memorandum or Agreement.--Nothing in this section
may be construed to require an element of the intelligence community to
submit to the congressional intelligence committees any memorandum or
agreement that is solely administrative in nature, including a
memorandum or agreement regarding joint duty or other routine personnel
assignments.
SEC. 312. TECHNICAL CORRECTION TO EXECUTIVE SCHEDULE.
Section 5313 of title 5, United States Code, is amended by striking
the item relating to ``Director of the National Counter Proliferation
Center.''.
SEC. 313. <<NOTE: 50 USC 3350.>> MAXIMUM AMOUNT CHARGED FOR
DECLASSIFICATION REVIEWS.
In reviewing and processing a request by a person for the mandatory
declassification of information pursuant to Executive Order No. 13526, a
successor executive order, or any provision of law, the head of an
element of the intelligence community--
(1) may not charge the person reproduction fees in excess of
the amount of fees that the head would charge the person for
reproduction required in the course of processing a request for
information under section 552 of title 5, United States Code
(commonly referred to as the ``Freedom of Information Act'');
and
(2) <<NOTE: Waiver authority.>> may waive or reduce any
processing fees in the same manner as the head waives or reduces
fees under such section 552.
TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A--Office of the Director of National Intelligence
SEC. 401. DESIGNATION OF THE DIRECTOR OF THE NATIONAL
COUNTERINTELLIGENCE AND SECURITY CENTER.
(a) In General.--
(1) In general.--Section 902 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended to read as
follows:
``SEC. 902. DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND
SECURITY CENTER.
``(a) <<NOTE: Appointment. President.>> Establishment.--There shall
be a Director of the National Counterintelligence and Security Center
(referred to in this section
[[Page 131 STAT. 817]]
as the `Director'), who shall be appointed by the President, by and with
the advice and consent of the Senate.
``(b) Mission.--The mission of the Director shall be to serve as the
head of national counterintelligence for the United States Government.
``(c) Duties.--Subject to the direction and control of the Director
of National Intelligence, the duties of the Director are as follows:
``(1) To carry out the mission referred to in subsection
(b).
``(2) To act as chairperson of the National
Counterintelligence Policy Board established under section 811
of the Counterintelligence and Security Enhancements Act of 1994
(50 U.S.C. 3381).
``(3) To act as head of the National Counterintelligence and
Security Center established under section 904.
``(4) To participate as an observer on such boards,
committees, and entities of the executive branch as the Director
of National Intelligence considers appropriate for the discharge
of the mission and functions of the Director and the National
Counterintelligence and Security Center under section 904.''.
(2) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2383) is amended by
striking the item relating to section 902 and inserting the
following:
``Sec. 902. Director of the National Counterintelligence and Security
Center.''.
(3) <<NOTE: 50 USC 3382 and note.>> Technical effective
date.--The amendment made by subsection (a) of section 401 of
the Intelligence Authorization Act for Fiscal Year 2016
(division M of Public Law 114-113) shall not take effect, or, if
the date of the enactment of this Act is on or after the
effective date specified in subsection (b) of such section, such
amendment shall be deemed to not have taken effect.
(b) National Counterintelligence and Security Center.--
(1) In general.--Section 904 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383) is amended--
(A) by striking the section heading and inserting
``national counterintelligence and security center.'';
and
(B) by striking subsections (a), (b), and (c) and
inserting the following:
``(a) Establishment.--There shall be a National Counterintelligence
and Security Center.
``(b) Head of Center.--The Director of the National
Counterintelligence and Security Center shall be the head of the
National Counterintelligence and Security Center.
``(c) Location of Center.--The National Counterintelligence and
Security Center shall be located in the Office of the Director of
National Intelligence.''.
(2) Functions.--Section 904(d) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383(d)) is amended--
(A) in the matter preceding paragraph (1), by
striking ``National Counterintelligence Executive, the
functions of the Office of the National
Counterintelligence Executive'' and inserting ``Director
of the National Counterintelligence
[[Page 131 STAT. 818]]
and Security Center, the functions of the National
Counterintelligence and Security Center'';
(B) in paragraph (5), in the matter preceding
subparagraph (A), by striking ``In consultation with''
and inserting ``At the direction of''; and
(C) in paragraph (6), in the matter preceding
subparagraph (A), by striking ``Office'' and inserting
``National Counterintelligence and Security Center''.
(3) Personnel.--Section 904(f) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383(f)) is amended--
(A) in paragraph (1), by striking ``Office of the
National Counterintelligence Executive may consist of
personnel employed by the Office'' and inserting
``National Counterintelligence and Security Center may
consist of personnel employed by the Center''; and
(B) in paragraph (2), by striking ``National
Counterintelligence Executive'' and inserting ``Director
of the National Counterintelligence and Security
Center''.
(4) Treatment of activities under certain administrative
laws.--Section 904(g) of the Counterintelligence Enhancement Act
of 2002 (50 U.S.C. 3383(g)) is amended by striking ``Office
shall be treated as operational files of the Central
Intelligence Agency for purposes of section 701 of the National
Security Act of 1947 (50 U.S.C. 431)'' and inserting ``National
Counterintelligence and Security Center shall be treated as
operational files of the Central Intelligence Agency for
purposes of section 701 of the National Security Act of 1947 (50
U.S.C. 3141)''.
(5) Oversight by congress.--Section 904(h) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(h))
is amended--
(A) in the matter preceding paragraph (1), by
striking ``Office of the National Counterintelligence
Executive'' and inserting ``National Counterintelligence
and Security Center''; and
(B) in paragraphs (1) and (2), by striking
``Office'' and inserting ``Center'' both places that
term appears.
(6) Table of contents amendment.--The table of contents in
section 1(b) of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107-306; 116 Stat. 2383), as amended by
subsection (a)(2), is further amended by striking the item
relating to section 904 and inserting the following:
``Sec. 904. National Counterintelligence and Security Center.''.
(c) Oversight of National Intelligence Centers.--Section 102A(f)(2)
of the National Security Act of 1947 (50 U.S.C. 3024(f)(2)) is amended
by inserting ``, the National Counterproliferation Center, and the
National Counterintelligence and Security Center'' after ``National
Counterterrorism Center''.
(d) Director of the National Counterintelligence and Security Center
Within the Office of the Director of National Intelligence.--Paragraph
(8) of section 103(c) of the National Security Act of 1947 (50 U.S.C.
3025(c)) is amended to read as follows:
``(8) The Director of the National Counterintelligence and
Security Center.''.
[[Page 131 STAT. 819]]
(e) Duties of the Director of the National Counterintelligence and
Security Center.--
(1) In general.--Section 103F of the National Security Act
of 1947 (50 U.S.C. 3031) is amended--
(A) by striking the section heading and inserting
``director of the national counterintelligence and
security center'';
(B) in subsection (a)--
(i) by striking the subsection heading and
inserting ``Director of the National
Counterintelligence and Security Center.--''; and
(ii) by striking ``National
Counterintelligence Executive under section 902 of
the Counterintelligence Enhancement Act of 2002
(title IX of Public Law 107-306; 50 U.S.C. 402b et
seq.)'' and inserting ``Director of the National
Counterintelligence and Security Center appointed
under section 902 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382)''; and
(C) in subsection (b), by striking ``National
Counterintelligence Executive'' and inserting ``Director
of the National Counterintelligence and Security
Center''.
(2) Table of contents amendment.--The table of contents in
the first section of the National Security Act of 1947 is
amended by striking the item relating to section 103F and
inserting the following:
``Sec. 103F. Director of the National Counterintelligence and Security
Center.''.
(f) Coordination of Counterintelligence Activities.--Section 811 of
the Counterintelligence and Security Enhancements Act of 1994 (50 U.S.C.
3381) is amended--
(1) in subsection (b), by striking ``National
Counterintelligence Executive under section 902 of the
Counterintelligence Enhancement Act of 2002'' and inserting
``Director of the National Counterintelligence and Security
Center appointed under section 902 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382)'';
(2) in subsection (c)(1), by striking ``National
Counterintelligence Executive.'' and inserting ``Director of the
National Counterintelligence and Security Center.''; and
(3) in subsection (d)(1)(B)(ii)--
(A) by striking ``National Counterintelligence
Executive'' and inserting ``Director of the National
Counterintelligence and Security Center''; and
(B) by striking ``by the Office of the National
Counterintelligence Executive under section 904(e)(2) of
that Act'' and inserting ``pursuant to section 904(d)(2)
of that Act (50 U.S.C. 3383(d)(2))''.
(g) Intelligence and National Security Aspects of Espionage
Prosecutions.--Section 341(b) of the Intelligence Authorization Act for
Fiscal Year 2004 (Public Law 108-177; 28 U.S.C. 519 note) is amended by
striking ``Office of the National Counterintelligence Executive,'' and
inserting ``National Counterintelligence and Security Center,''.
[[Page 131 STAT. 820]]
SEC. 402. ANALYSES AND IMPACT STATEMENTS BY DIRECTOR OF NATIONAL
INTELLIGENCE REGARDING INVESTMENT INTO THE
UNITED STATES.
Section 102A of the National Security Act of 1947 (50 U.S.C. 3024),
as amended by section 303, is further amended by adding at the end the
following new subsection:
``(z) <<NOTE: Deadlines. Records.>> Analyses and Impact Statements
Regarding Proposed Investment Into the United States.--(1) Not later
than 20 days after the completion of a review or an investigation of any
proposed investment into the United States for which the Director has
prepared analytic materials, the Director shall submit to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representative copies of such
analytic materials, including any supplements or amendments to such
analysis made by the Director.
``(2) <<NOTE: Determination. Reports.>> Not later than 60 days
after the completion of consideration by the United States Government of
any investment described in paragraph (1), the Director shall determine
whether such investment will have an operational impact on the
intelligence community, and, if so, shall submit a report on such impact
to the Select Committee on Intelligence of the Senate and the Permanent
Select Committee on Intelligence of the House of Representatives. Each
such report shall--
``(A) describe the operational impact of the investment on
the intelligence community; and
``(B) describe any actions that have been or will be taken
to mitigate such impact.''.
SEC. 403. <<NOTE: 50 USC 3368.>> ASSISTANCE FOR GOVERNMENTAL
ENTITIES AND PRIVATE ENTITIES IN
RECOGNIZING ONLINE VIOLENT EXTREMIST
CONTENT.
(a) Assistance To Recognize Online Violent Extremist Content.--Not
later than 180 days <<NOTE: Deadline. Web posting. Lists.>> after the
date of the enactment of this Act, and consistent with the protection of
intelligence sources and methods, the Director of National Intelligence
shall publish on a publicly available Internet website a list of all
logos, symbols, insignia, and other markings commonly associated with,
or adopted by, an organization designated by the Secretary of State as a
foreign terrorist organization under section 219(a) of the Immigration
and Nationality Act (8 U.S.C. 1189(a)).
(b) <<NOTE: Time period.>> Updates.--The Director shall update the
list published under subsection (a) every 180 days or more frequently as
needed.
Subtitle B--Central Intelligence Agency
SEC. 411. ENHANCED DEATH BENEFITS FOR PERSONNEL OF THE CENTRAL
INTELLIGENCE AGENCY.
Section 11 of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3511) is amended to read as follows:
``benefits available in event of the death of personnel
``Sec. 11. (a) Authority.--The Director may pay death benefits
substantially similar to those authorized for members of the Foreign
Service pursuant to the Foreign Service Act of 1980 (22 U.S.C. 3901 et
seq.) or any other provision of law. The Director may
[[Page 131 STAT. 821]]
adjust the eligibility for death benefits as necessary to meet the
unique requirements of the mission of the Agency.
``(b) Regulations.--Regulations issued pursuant to this section
shall be submitted to the Select Committee on Intelligence of the Senate
and the Permanent Select Committee on Intelligence of the House of
Representatives before such regulations take effect.''.
SEC. 412. PAY AND RETIREMENT AUTHORITIES OF THE INSPECTOR GENERAL
OF THE CENTRAL INTELLIGENCE AGENCY.
(a) In General.--Section 17(e)(7) of the Central Intelligence Agency
Act of 1949 (50 U.S.C. 3517(e)(7)) is amended by adding at the end the
following new subparagraph:
``(C)(i) The Inspector General may designate an officer or employee
appointed in accordance with subparagraph (A) as a law enforcement
officer solely for purposes of subchapter III of chapter 83 or chapter
84 of title 5, United States Code, if such officer or employee is
appointed to a position with responsibility for investigating suspected
offenses against the criminal laws of the United States.
``(ii) In carrying out clause (i), the Inspector General shall
ensure that any authority under such clause is exercised in a manner
consistent with section 3307 of title 5, United States Code, as it
relates to law enforcement officers.
``(iii) For purposes of applying sections 3307(d), 8335(b), and
8425(b) of title 5, United States Code, the Inspector General may
exercise the functions, powers, and duties of an agency head or
appointing authority with respect to the Office.''.
(b) <<NOTE: 50 USC 3517 note.>> Rule of Construction.--Subparagraph
(C) of section 17(e)(7) of the Central Intelligence Agency Act of 1949
(50 U.S.C. 3517(e)(7)), as added by subsection (a), may not be construed
to confer on the Inspector General of the Central Intelligence Agency,
or any other officer or employee of the Agency, any police or law
enforcement or internal security functions or authorities.
Subtitle C--Other Elements
SEC. 421. ENHANCING THE TECHNICAL WORKFORCE FOR THE FEDERAL BUREAU
OF INVESTIGATION.
(a) Report Required.--Building on the basic cyber human capital
strategic plan provided to the congressional intelligence committees in
2015, not later than 180 days after the date of the enactment of this
Act and updated two years thereafter, the Director of the Federal Bureau
of Investigation shall submit to the congressional intelligence
committees, the Committee on the Judiciary of the Senate, and the
Committee on the Judiciary of the House of Representatives a
comprehensive strategic workforce report regarding initiatives to
effectively integrate information technology expertise in the
investigative process.
(b) <<NOTE: Assessment.>> Elements.--The report required by
subsection (a) shall include the following:
(1) An assessment, including measurable benchmarks, of
progress on initiatives to recruit, train, and retain personnel
with the necessary skills and experiences in vital areas,
including encryption, cryptography, and big data analytics.
[[Page 131 STAT. 822]]
(2) An assessment of whether officers of the Federal Bureau
of Investigation who possess such skills are fully integrated
into the Bureau's work, including Agent-led investigations.
(3) A description of the quality and quantity of the
collaborations between the Bureau and private sector entities on
cyber issues, including the status of efforts to benefit from
employees with experience transitioning between the public and
private sectors.
(4) An assessment of the utility of reinstituting, if
applicable, and leveraging the Director's Advisory Board, which
was originally constituted in 2005, to provide outside advice on
how to better integrate technical expertise with the
investigative process and on emerging concerns in cyber-related
issues.
SEC. 422. PLAN ON ASSUMPTION OF CERTAIN WEATHER MISSIONS BY THE
NATIONAL RECONNAISSANCE OFFICE.
(a) Plan.--
(1) In general.--Except as provided in subsection (c), the
Director of the National Reconnaissance Office shall develop a
plan for the National Reconnaissance Office to address how to
carry out covered space-based environmental monitoring missions.
Such plan shall include--
(A) a description of the related national security
requirements for such missions;
(B) a description of the appropriate manner to meet
such requirements; and
(C) the amount of funds that would be necessary to
be transferred from the Air Force to the National
Reconnaissance Office during fiscal years 2018 through
2022 to carry out such plan.
(2) <<NOTE: Contracts. Determination.>> Activities.--In
developing the plan under paragraph (1), the Director may
conduct pre-acquisition activities, including with respect to
requests for information, analyses of alternatives, study
contracts, modeling and simulation, and other activities the
Director determines necessary to develop such plan.
(3) Submission.--Not later than July 1, 2017, and except as
provided in subsection (c), the Director shall submit to the
appropriate congressional committees the plan under paragraph
(1).
(b) <<NOTE: Coordination. Certification.>> Independent Cost
Estimate.--The Director of the Cost Assessment Improvement Group of the
Office of the Director of National Intelligence, in coordination with
the Director of Cost Assessment and Program Evaluation, shall certify to
the appropriate congressional committees that the amounts of funds
identified under subsection (a)(1)(C) as being necessary to transfer are
appropriate and include funding for positions and personnel to support
program office costs.
(c) Waiver Based on Report and Certification of Air Force
Acquisition Program.--The Director of the National Reconnaissance Office
may waive the requirement to develop a plan under subsection (a), if the
Under Secretary of Defense for Acquisition Technology, and Logistics and
the Chairman of the Joint Chiefs of Staff jointly submit to the
appropriate congressional committees a report by not later than July 1,
2017) that contains--
[[Page 131 STAT. 823]]
(1) a certification that the Secretary of the Air Force is
carrying out a formal acquisition program that has received
Milestone A approval to address the cloud characterization and
theater weather imagery requirements of the Department of
Defense; and
(2) an identification of the cost, schedule, requirements,
and acquisition strategy of such acquisition program.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional intelligence committees; and
(B) the congressional defense committees (as defined
in section 101(a)(16) of title 10, United States Code).
(2) Covered space-based environmental monitoring missions.--
The term ``covered space-based environmental monitoring
missions'' means the acquisition programs necessary to meet the
national security requirements for cloud characterization and
theater weather imagery.
(3) Milestone a approval.--The term ``Milestone A approval''
has the meaning given that term in section 2366a(d) of title 10,
United States Code.
TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES
SEC. 501. <<NOTE: 50 USC 3001 note.>> COMMITTEE TO COUNTER ACTIVE
MEASURES BY THE RUSSIAN FEDERATION TO
EXERT COVERT INFLUENCE OVER PEOPLES AND
GOVERNMENTS.
(a) Definitions.--In this section:
(1) Active measures by russia to exert covert influence.--
The term ``active measures by Russia to exert covert influence''
means activities intended to influence a person or government
that are carried out in coordination with, or at the behest of,
political leaders or the security services of the Russian
Federation and the role of the Russian Federation has been
hidden or not acknowledged publicly, including the following:
(A) Establishment or funding of a front group.
(B) Covert broadcasting.
(C) Media manipulation.
(D) Disinformation and forgeries.
(E) Funding agents of influence.
(F) Incitement and offensive counterintelligence.
(G) Assassinations.
(H) Terrorist acts.
(2) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(b) Establishment.--There is established within the executive branch
an interagency committee to counter active measures by the Russian
Federation to exert covert influence.
(c) Membership.--
[[Page 131 STAT. 824]]
(1) In general.--
(A) <<NOTE: President.>> Appointment.--Each head of
an agency or department of the Government set out under
subparagraph (B) shall appoint one member of the
committee established by subsection (b) from among
officials of such agency or department who occupy a
position that is required to be appointed by the
President, with the advice and consent of the Senate.
(B) Head of an agency or department.--The head of an
agency or department of the Government set out under
this subparagraph are the following:
(i) The Director of National Intelligence.
(ii) The Secretary of State.
(iii) The Secretary of Defense.
(iv) The Secretary of the Treasury.
(v) The Attorney General.
(vi) The Secretary of Energy.
(vii) The Director of the Federal Bureau of
Investigation.
(viii) The head of any other agency or
department of the United States Government
designated by the President for purposes of this
section.
(d) Meetings.--The committee shall meet on a regular basis.
(e) Duties.--The duties of the committee established by subsection
(b) shall be as follows:
(1) To counter active measures by Russia to exert covert
influence, including by exposing falsehoods, agents of
influence, corruption, human rights abuses, terrorism, and
assassinations carried out by the security services or political
elites of the Russian Federation or their proxies.
(2) Such other duties as the President may designate for
purposes of this section.
(f) Staff.--The committee established by subsection (b) may employ
such staff as the members of such committee consider appropriate.
(g) Budget Request.--A request for funds required for the
functioning of the committee established by subsection (b) may be
included in each budget for a fiscal year submitted by the President
pursuant to section 1105(a) of title 31, United States Code.
(h) Annual Report.--
(1) Requirement.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter, and
consistent with the protection of intelligence sources and
methods, the committee established by subsection (b) shall
submit to the appropriate committees of Congress a report
describing steps being taken by the committee to counter active
measures by Russia to exert covert influence.
(2) Content.--Each report required by paragraph (1) shall
include the following:
(A) <<NOTE: Summary.>> A summary of the active
measures by the Russian Federation to exert covert
influence during the previous year, including
significant incidents and notable trends.
(B) A description of the key initiatives of the
committee.
(C) A description of the implementation of the
committee's initiatives by the head of an agency or
department of the Government set out under subsection
(c)(1)(B).
[[Page 131 STAT. 825]]
(D) <<NOTE: Analysis.>> An analysis of the impact
of the committee's initiatives.
(E) <<NOTE: Recommenda- tions.>> Recommendations
for changes to the committee's initiatives from the
previous year.
(3) Separate reporting requirement.--The requirement to
submit an annual report under paragraph (1) is in addition to
any other reporting requirements with respect to Russia.
SEC. 502. <<NOTE: 22 USC 254a note.>> STRICT ENFORCEMENT OF
TRAVEL PROTOCOLS AND PROCEDURES OF
ACCREDITED DIPLOMATIC AND CONSULAR
PERSONNEL OF THE RUSSIAN FEDERATION IN THE
UNITED STATES.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee on
the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs and the Committee on
the Judiciary of the House of Representatives.
(b) <<NOTE: Coordination.>> Advance Notification Requirement.--The
Secretary of State shall, in coordination with the Director of the
Federal Bureau of Investigation and the Director of National
Intelligence, establish a mandatory advance notification regime
governing all travel by accredited diplomatic and consular personnel of
the Russian Federation in the United States and take necessary action to
secure full compliance by Russian personnel and address any
noncompliance.
(c) Interagency Cooperation.--The Secretary of State, the Director
of the Federal Bureau of Investigation, and the Director of National
Intelligence shall develop written mechanisms to share information--
(1) on travel by accredited diplomatic and consular
personnel of the Russian Federation who are in the United
States; and
(2) on any known or suspected noncompliance by such
personnel with the regime required by subsection (b).
(d) Quarterly Reports.--Not later than 90 days after the date of the
enactment of this Act, and quarterly thereafter, and consistent with the
protection of intelligence sources and methods--
(1) the Secretary of State shall submit to the appropriate
committees of Congress a written report detailing the number of
notifications submitted under the regime required by subsection
(b); and
(2) the Secretary of State and the Director of the Federal
Bureau of Investigation shall jointly submit to the appropriate
committees of Congress a written report detailing the number of
known or suspected violations of such requirements by any
accredited diplomatic and consular personnel of the Russian
Federation.
SEC. 503. STUDY AND REPORT ON ENHANCED INTELLIGENCE AND
INFORMATION SHARING WITH OPEN SKIES TREATY
MEMBER STATES.
(a) Definitions.--In this section:
(1) Appropriate committees of congress.--The term
``appropriate committees of Congress'' means--
(A) congressional intelligence committees;
[[Page 131 STAT. 826]]
(B) the Committee on Armed Services and the
Committee on Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the
Committee on Foreign Affairs of the House of
Representatives.
(2) Covered state party.--The term ``covered state party''
means a foreign country, that--
(A) was a state party to the Open Skies Treaty on
February 22, 2016; and
(B) is not the Russian Federation or the Republic of
Belarus.
(3) Open skies treaty.--The term ``Open Skies Treaty'' means
the Treaty on Open Skies, done at Helsinki March 24, 1992, and
entered into force January 1, 2002.
(b) Feasibility Study.--
(1) <<NOTE: Deadline. Determination.>> Requirement for
study.--Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence shall conduct
and submit to the appropriate committees of Congress a study to
determine the feasibility of creating an intelligence sharing
arrangement and database to provide covered state parties with
imagery that is comparable, delivered more frequently, and in
equal or higher resolution than imagery available through the
database established under the Open Skies Treaty.
(2) Elements.--The study required by paragraph (1) shall
include an evaluation of the following:
(A) The methods by which the United States could
collect and provide imagery, including commercial
satellite imagery, national technical means, and through
other intelligence, surveillance, and reconnaissance
platforms, under an information sharing arrangement and
database referred to in paragraph (1).
(B) The ability of other covered state parties to
contribute imagery to the arrangement and database.
(C) Any impediments to the United States and other
covered states parties providing such imagery, including
any statutory barriers, insufficiencies in the ability
to collect the imagery or funding, under such an
arrangement.
(D) Whether imagery of Moscow, Chechnya, the
international border between Russia and Georgia,
Kaliningrad, or the Republic of Belarus could be
provided under such an arrangement.
(E) The annual and projected costs associated with
the establishment of such an arrangement and database,
as compared with costs to the United States and other
covered state parties of being parties to the Open Skies
Treaty, including Open Skies Treaty plane maintenance,
aircraft fuel, crew expenses, mitigation measures
necessary associated with Russian Federation overflights
of the United States or covered state parties, and new
sensor development and acquisition.
(3) Support from other federal agencies.--Each head of a
Federal agency shall provide such support to the Director as may
be necessary for the Director to conduct the study required by
paragraph (1).
(c) Report.--
(1) Requirement for report.--Not later than 180 days after
the date of the enactment of this Act, the Director of
[[Page 131 STAT. 827]]
National Intelligence shall submit to the appropriate committees
of Congress the report described in this subsection.
(2) Content of report.--The report required by paragraph (1)
shall include the following:
(A) <<NOTE: Assessment.>> An intelligence
assessment of Russian Federation warfighting doctrine
and the extent to which Russian Federation flights under
the Open Skies Treaty contribute to such doctrine.
(B) <<NOTE: Analysis.>> A counterintelligence
analysis as to whether the Russian Federation has, could
have, or intends to have the capability to exceed the
imagery limits set forth in the Open Skies Treaty.
(C) <<NOTE: Lists.>> A list of intelligence
exchanges with covered state parties that have been
updated on the information described in subparagraphs
(A) and (B) and the date and form such information was
provided.
(d) Form of Submission.--The study required by subsection (b) and
the report required by subsection (c) shall be submitted in an
unclassified form but may include a classified annex.
TITLE VI--REPORTS AND OTHER MATTERS
SEC. 601. DECLASSIFICATION REVIEW WITH RESPECT TO DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL
STATION, GUANTANAMO BAY, CUBA.
(a) In General.--For each individual detained at United States Naval
Station, Guantanamo Bay, Cuba, who was transferred or released from
United States Naval Station, Guantanamo Bay, Cuba, the Director of
National Intelligence shall--
(1)(A) <<NOTE: Review.>> complete a declassification review
of intelligence reports regarding past terrorist activities of
that individual prepared by the National Counterterrorism Center
for the individual's Periodic Review Board sessions, transfer,
or release; or
(B) if the individual's transfer or release occurred prior
to the date on which the National Counterterrorism Center first
began to prepare such reports regarding detainees, such other
intelligence report or reports that contain the same or similar
information regarding the individual's past terrorist
activities;
(2) <<NOTE: Public information.>> make available to the
public--
(A) any intelligence reports declassified as a
result of the declassification review; and
(B) <<NOTE: President.>> with respect to each
individual transferred or released, for whom
intelligence reports are declassified as a result of the
declassification review, an unclassified summary which
shall be prepared by the President of measures being
taken by the country to which the individual was
transferred or released to monitor the individual and to
prevent the individual from carrying out future
terrorist activities; and
(3) submit to the congressional intelligence committees a
report setting out the results of the declassification review,
including a description of intelligence reports covered by the
review that were not declassified.
[[Page 131 STAT. 828]]
(b) Schedule.--
(1) <<NOTE: Review.>> Transfer or release prior to
enactment.--Not later than 210 days after the date of the
enactment of this Act, the Director of National Intelligence
shall submit the report required by subsection (a)(3), which
shall include the results of the declassification review
completed for each individual detained at United States Naval
Station, Guantanamo Bay, Cuba, who was transferred or released
from United States Naval Station, Guantanamo Bay, prior to the
date of the enactment of this Act.
(2) Transfer or release after enactment.--Not later than 120
days after the date an individual detained at United States
Naval Station, Guantanamo Bay, on or after the date of the
enactment of this Act is transferred or released from United
States Naval Station, Guantanamo Bay, the Director shall submit
the report required by subsection (a)(3) for such individual.
(c) Past Terrorist Activities.--For purposes of this section, the
past terrorist activities of an individual shall include all terrorist
activities conducted by the individual before the individual's transfer
to the detention facility at United States Naval Station, Guantanamo
Bay, including, at a minimum, the following:
(1) The terrorist organization, if any, with which
affiliated.
(2) The terrorist training, if any, received.
(3) The role in past terrorist attacks against United States
interests or allies.
(4) The direct responsibility, if any, for the death of
United States citizens or members of the Armed Forces.
(5) Any admission of any matter specified in paragraphs (1)
through (4).
(6) A description of the intelligence supporting any matter
specified in paragraphs (1) through (5), including the extent to
which such intelligence was corroborated, the level of
confidence held by the intelligence community, and any dissent
or reassessment by an element of the intelligence community.
SEC. 602. CYBER CENTER FOR EDUCATION AND INNOVATION-HOME OF THE
NATIONAL CRYPTOLOGIC MUSEUM.
(a) Authority to Establish and Operate Center.--Chapter 449 of title
10, United States Code, is amended by adding at the end the following
new section:
``Sec. 4781. <<NOTE: 10 USC 4781.>> Cyber Center for Education
and Innovation-Home of the National Cryptologic
Museum
``(a) Establishment.--(1) The Secretary of Defense may establish at
a publicly accessible location at Fort George G. Meade the `Cyber Center
for Education and Innovation-Home of the National Cryptologic Museum'
(in this section referred to as the `Center').
``(2) The Center may be used for the identification, curation,
storage, and public viewing of materials relating to the activities of
the National Security Agency, its predecessor or successor
organizations, and the history of cryptology.
``(3) The Center may contain meeting, conference, and classroom
facilities that will be used to support such education, training, public
outreach, and other purposes as the Secretary considers appropriate.
[[Page 131 STAT. 829]]
``(b) Design, Construction, and Operation.--The Secretary may enter
into an agreement with the National Cryptologic Museum Foundation (in
this section referred to as the `Foundation'), a nonprofit organization,
for the design, construction, and operation of the Center.
``(c) Acceptance Authority.--(1) If the Foundation constructs the
Center pursuant to an agreement with the Foundation under subsection
(b), upon satisfactory completion of the Center's construction or any
phase thereof, as determined by the Secretary, and upon full
satisfaction by the Foundation of any other obligations pursuant to such
agreement, the Secretary may accept the Center (or any phase thereof)
from the Foundation, and all right, title, and interest in the Center or
such phase shall vest in the United States.
``(2) Notwithstanding section 1342 of title 31, the Secretary may
accept services from the Foundation in connection with the design
construction, and operation of the Center. For purposes of this section
and any other provision of law, employees or personnel of the Foundation
shall not be considered to be employees of the United States.
``(d) Fees and User Charges.--(1) The Secretary may assess fees and
user charges to cover the cost of the use of Center facilities and
property, including rental, user, conference, and concession fees.
``(2) Amounts received under paragraph (1) shall be deposited into
the fund established under subsection (e).
``(e) Fund.--(1) Upon the Secretary's acceptance of the Center under
subsection (c)(1)) there is established in the Treasury a fund to be
known as the `Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum Fund' (in this subsection referred to as the
`Fund').
``(2) The Fund shall consist of the following amounts:
``(A) Fees and user charges deposited by the Secretary under
subsection (d).
``(B) Any other amounts received by the Secretary which are
attributable to the operation of the Center.
``(3) Amounts in the Fund shall be available to the Secretary for
the benefit and operation of the Center, including the costs of
operation and the acquisition of books, manuscripts, works of art,
historical artifacts, drawings, plans, models, and condemned or obsolete
combat materiel.
``(4) Amounts in the Fund shall be available without fiscal year
limitation.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 449 of title 10, United States Code, <<NOTE: 10 USC 4771
prec.>> is amended by adding at the end the following new item:
``4781. Cyber Center for Education and Innovation-Home of the National
Cryptologic Museum.''.
SEC. 603. <<NOTE: 50 USC 3314.>> REPORT ON NATIONAL SECURITY
SYSTEMS.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the congressional intelligence committees;
(2) the Committee on Appropriations and the Committee on
Armed Services of the Senate; and
(3) the Committee on Appropriations and the Committee on
Armed Services of the House of Representatives.
[[Page 131 STAT. 830]]
(b) Report.--Not later than 120 days after the date of the enactment
of this Act, and annually thereafter, the Director of the National
Security Agency, in coordination with the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff, shall submit to the appropriate
committees of Congress a report on national security systems.
(c) Content.--Each report submitted under subsection (b) shall
include information related to--
(1) national security systems or components thereof that
have been decertified and are still in operational use;
(2) extension requests and the current status of any
national security systems still in use or components thereof
that have been decertified and are still in use;
(3) national security systems known to not be in compliance
with the policies, principles, standards, and guidelines issued
by the Committee on National Security Systems established
pursuant to National Security Directive 42, signed by the
President on July 5, 1990; and
(4) organizations which have not provided access or
information to the Director of the National Security Agency that
is adequate to enable the Director to make a determination as to
whether such organizations are in compliance with the policies,
principles, standards, and guidelines issued by such Committee
on National Security Systems.
SEC. 604. <<NOTE: 50 USC 3333.>> JOINT FACILITIES CERTIFICATION.
(a) Findings.--Congress finds the following:
(1) The Director of National Intelligence set a strategic
goal to use joint facilities as a means to save costs by
consolidating administrative and support functions across
multiple elements of the intelligence community.
(2) The use of joint facilities provides more opportunities
for operational collaboration and information sharing among
elements of the intelligence community.
(b) Certification.--Before an element of the intelligence community
purchases, leases, or constructs a new facility that is 20,000 square
feet or larger, the head of that element of the intelligence community
shall submit to the Director of National Intelligence--
(1) a written certification that, to the best of the
knowledge of the head of such element, all prospective joint
facilities in the vicinity have been considered and the element
is unable to identify a joint facility that meets the
operational requirements of such element; and
(2) a written statement listing the reasons for not
participating in the prospective joint facilities considered by
the element.
SEC. 605. <<NOTE: 10 USC 2271 note.>> LEADERSHIP AND MANAGEMENT
OF SPACE ACTIVITIES.
(a) Appropriate Committees of Congress Defined.--In this section,
the term ``appropriate committees of Congress'' means the congressional
intelligence committees, the Committee on Armed Services of the Senate,
and the Committee on Armed Services of the House of Representatives.
(b) Update to Strategy for Comprehensive Interagency Review of the
United States National Security Overhead Satellite Architecture.--Not
later than 180 days <<NOTE: Consultation.>> after the date of the
enactment of this Act, the Director of National Intelligence,
[[Page 131 STAT. 831]]
in consultation with the Secretary of Defense and the Chairman of the
Joint Chiefs of Staff, shall issue a written update to the strategy
required by section 312 of the Intelligence Authorization Act for Fiscal
Year 2016 (division M of Public Law 114-113; 129 Stat. 2919).
(c) Unity of Effort in Space Operations Between the Intelligence
Community and Department of Defense.--
(1) <<NOTE: Consultation.>> Requirement for plan.--Not
later than 180 days after the date of the enactment of this Act,
the Director of National Intelligence, in consultation with the
Secretary of Defense, shall submit to the appropriate committees
of Congress a plan to functionally integrate the governance,
operations, analysis, collection, policy, and acquisition
activities related to space and counterspace carried out by the
intelligence community. The plan shall include analysis of no
fewer than 2 alternative constructs to implement this plan, and
an assessment of statutory, policy, organizational,
programmatic, and resources changes that may be required to
implement each alternative construct.
(2) <<NOTE: Consultation.>> Appointment by the director of
national intelligence.--Not later than 30 days after the date of
the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense,
shall appoint a single official to oversee development of the
plan required by paragraph (1).
(3) Scope of plan.--The plan required by paragraph (1) shall
include methods to functionally integrate activities carried out
by--
(A) the National Reconnaissance Office;
(B) the functional managers for signals intelligence
and geospatial intelligence;
(C) the Office of the Director of National
Intelligence;
(D) other Intelligence Community elements with
space-related programs;
(E) joint interagency efforts; and
(F) other entities as identified by the Director of
National Intelligence in coordination with the Secretary
of Defense.
(d) <<NOTE: Workforce plan.>> Intelligence Community Space
Workforce.--Not later than 180 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a workforce plan to recruit,
develop, and retain personnel in the intelligence community with skills
and experience in space and counterspace operations, analysis,
collection, policy, and acquisition.
(e) Joint Interagency Combined Space Operations Center.--
(1) <<NOTE: Consultation.>> Submission to congress.--The
Director of the National Reconnaissance Office and the Commander
of the United States Strategic Command, in consultation with the
Director of National Intelligence, the Under Secretary of
Defense for Intelligence, and the Chairman of the Joint Chiefs
of Staff, shall submit to the appropriate committees of Congress
concept of operations and requirements documents for the Joint
Interagency Combined Space Operations Center by the date that is
the earlier of--
[[Page 131 STAT. 832]]
(A) the completion of the experimental phase of such
Center; or
(B) 30 days after the date of the enactment of this
Act.
(2) Quarterly briefings.--The Director of the National
Reconnaissance Office and the Commander of the United States
Strategic Command, in coordination with the Director of National
Intelligence and Under Secretary of Defense for Intelligence,
shall provide to the appropriate committees of Congress
briefings providing updates on activities and progress of the
Joint Interagency Combined Space Operations Center to begin 30
days after the date of the enactment of this Act. Such briefings
shall be quarterly for the first year following enactment, and
annually thereafter.
SEC. 606. ADVANCES IN LIFE SCIENCES AND BIOTECHNOLOGY.
(a) <<NOTE: Briefing.>> Requirement for Plan.--Not later than 180
days after the date of the enactment of this Act, the Director of
National Intelligence shall brief the congressional intelligence
committees on a proposed plan to monitor advances in life sciences and
biotechnology to be carried out by the Director.
(b) Contents of Plan.--The plan required by subsection (a) shall
include--
(1) a description of the approach the elements of the
intelligence community will take to make use of organic life
science and biotechnology expertise, within and outside the
intelligence community on a routine and contingency basis;
(2) <<NOTE: Assessment.>> an assessment of the current
collection and analytical posture of the life sciences and
biotechnology portfolio as it relates to United States
competitiveness and the global bio-economy, the risks and
threats evolving with advances in genetic editing technologies,
and the implications of such advances on future biodefense
requirements; and
(3) <<NOTE: Analysis.>> an analysis of organizational
requirements and responsibilities, including potentially
creating new positions.
(c) Report to Congress.--Not later than 180 days after the date of
the enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees, the Committee on
Armed Services of the Senate, and the Committee on Armed Services of the
House of Representatives a report and provide a briefing on the role of
the intelligence community in the event of a biological attack on the
United States, including an assessment of the capabilities and gaps in
technical capabilities that exist to address the potential circumstance
of a novel unknown pathogen.
SEC. 607. REPORTS ON DECLASSIFICATION PROPOSALS.
(a) Covered Studies Defined.--In this section, the term ``covered
studies'' means the studies that the Director of National Intelligence
requested that the elements of the intelligence community produce in the
course of producing the fundamental classification guidance review for
fiscal year 2017 required by Executive Order No. 13526 (50 U.S.C. 3161
note), as follows:
(1) A study of the feasibility of reducing the number of
original classification authorities in each element of the
intelligence community to the minimum number required and any
negative impacts that reduction could have on mission
capabilities.
[[Page 131 STAT. 833]]
(2) A study of the actions required to implement a proactive
discretionary declassification program distinct from the
systematic, automatic, and mandatory declassification review
programs outlined in part 2001 of title 32, Code of Federal
Regulations, including section 2001.35 of such part.
(3) A study of the benefits and drawbacks of implementing a
single classification guide that could be used by all elements
of the intelligence community in the nonoperational and more
common areas of such elements.
(4) A study of whether the classification level of
``confidential'' could be eliminated within agency-generated
classification guides from use by elements of the intelligence
community and any negative impacts that elimination could have
on mission success.
(b) Reports and Briefings to Congress.--
(1) Progress report.--Not later than 30 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit a report to the congressional
intelligence committees and provide the congressional
intelligence committees a briefing on the progress of the
elements of the intelligence community in producing the covered
studies.
(2) <<NOTE: Briefing.>> Final report.--Not later than the
earlier of 120 days after the date of the enactment of this Act
or June 30, 2017, the Director of National Intelligence shall
submit a report and provide a briefing to the congressional
intelligence committees on--
(A) the final versions of the covered studies that
have been provided to the Director by the elements of
the intelligence community; and
(B) a plan for implementation of each initiative
included in each such covered study.
SEC. 608. IMPROVEMENT IN GOVERNMENT CLASSIFICATION AND
DECLASSIFICATION.
(a) Review of Government Classification and Declassification.--Not
later than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall--
(1) <<NOTE: Review.>> review the system by which the
Government classifies and declassifies information;
(2) develop recommendations--
(A) to make such system a more effective tool for
the protection of information relating to national
security;
(B) to improve the sharing of information with
partners and allies of the Government; and
(C) to support the appropriate declassification of
information; and
(3) submit to the congressional intelligence committees a
report with--
(A) the findings of the Director with respect to the
review conducted under paragraph (1); and
(B) the recommendations developed under paragraph
(2).
(b) <<NOTE: 50 USC 3315.>> Annual Certification of Controlled
Access Programs.--
(1) In general.--Not less frequently than once each year,
the Director of National Intelligence shall certify in writing
[[Page 131 STAT. 834]]
to the congressional intelligence committees whether the
creation, validation, or substantial modification, including
termination, for all existing and proposed controlled access
programs, and the compartments and subcompartments within each,
are substantiated and justified based on the information
required by paragraph (2).
(2) Information required.--Each certification pursuant to
paragraph (1) shall include--
(A) the rationale for the revalidation, validation,
or substantial modification, including termination, of
each controlled access program, compartment and
subcompartment;
(B) the identification of a control officer for each
controlled access program; and
(C) a statement of protection requirements for each
controlled access program.
SEC. 609. REPORT ON IMPLEMENTATION OF RESEARCH AND DEVELOPMENT
RECOMMENDATIONS.
Not later than 120 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees a report that includes the following:
(1) <<NOTE: Assessment.>> An assessment of the actions each
element of the intelligence community has completed to implement
the recommendations made by the National Commission for the
Review of the Research and Development Programs of the United
States Intelligence Community established under section 1002 of
the Intelligence Authorization Act for Fiscal Year 2003 (Public
Law 107-306; 50 U.S.C. 3001 note).
(2) <<NOTE: Analysis.>> An analysis of the balance between
short-,
medium-, and long-term research efforts carried out by each
element of the intelligence community.
SEC. 610. <<NOTE: Assessment.>> REPORT ON INTELLIGENCE COMMUNITY
RESEARCH AND DEVELOPMENT CORPS.
Not later than 120 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees a report and provide briefing on a plan, with
milestones and benchmarks, to implement an Intelligence Community
Research and Development Corps, as recommended in the Report of the
National Commission for the Review of the Research and Development
Programs of the United States Intelligence Community, including an
assessment--
(1) of the funding and modification to existing authorities
needed to allow for the implementation of such Corps; and
(2) of additional legislative authorities, if any, necessary
to undertake such implementation.
SEC. 611. REPORT ON INFORMATION RELATING TO ACADEMIC PROGRAMS,
SCHOLARSHIPS, FELLOWSHIPS, AND INTERNSHIPS
SPONSORED, ADMINISTERED, OR USED BY THE
INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 120 days after the date of the enactment
of this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report by the intelligence
community regarding covered academic programs. Such report shall
include--
[[Page 131 STAT. 835]]
(1) a description of the extent to which the Director and
the heads of the elements of the intelligence community
independently collect information on covered academic programs,
including with respect to--
(A) the number of applicants for such programs;
(B) the number of individuals who have participated
in such programs; and
(C) the number of individuals who have participated
in such programs and were hired by an element of the
intelligence community after completing such program;
(2) to the extent that the Director and the heads
independently collect the information described in paragraph
(1), a chart, table, or other compilation illustrating such
information for each covered academic program and element of the
intelligence community, as appropriate, during the three-year
period preceding the date of the report; and
(3) to the extent that the Director and the heads do not
independently collect the information described in paragraph (1)
as of the date of the report--
(A) whether the Director and the heads can begin
collecting such information during fiscal year 2017; and
(B) the personnel, tools, and other resources
required by the Director and the heads to independently
collect such information.
(b) Covered Academic Programs Defined.--In this section, the term
``covered academic programs'' means--
(1) the Federal Cyber Scholarship-for-Service Program under
section 302 of the Cybersecurity Enhancement Act of 2014 (15
U.S.C. 7442);
(2) the National Security Education Program under the David
L. Boren National Security Education Act of 1991 (50 U.S.C. 1901
et seq.);
(3) the Science, Mathematics, and Research for
Transformation Defense Education Program under section 2192a of
title 10, United States Code;
(4) the National Centers of Academic Excellence in
Information Assurance and Cyber Defense of the National Security
Agency and the Department of Homeland Security; and
(5) any other academic program, scholarship program,
fellowship program, or internship program sponsored,
administered, or used by an element of the intelligence
community.
SEC. 612. REPORT ON INTELLIGENCE COMMUNITY EMPLOYEES DETAILED TO
NATIONAL SECURITY COUNCIL.
Not later than 60 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit to the congressional
intelligence committees a classified written report listing, by year,
the number of employees of an element of the intelligence community who
have been detailed to the National Security Council during the 10-year
period preceding the date of the report.
SEC. 613. INTELLIGENCE COMMUNITY REPORTING TO CONGRESS ON FOREIGN
FIGHTER FLOWS.
(a) Reports Required.--Not later than 60 days after the date of the
enactment of this Act, and every 180 days thereafter, the Director of
National Intelligence, consistent with the protection of intelligence
sources and methods, shall submit to the appropriate
[[Page 131 STAT. 836]]
congressional committees a report on foreign fighter flows to and from
terrorist safe havens abroad.
(b) Contents.--Each report submitted under subsection (a) shall
include, with respect to each terrorist safe haven, the following:
(1) The total number of foreign fighters who have traveled
or are suspected of having traveled to the terrorist safe haven
since 2011, including the countries of origin of such foreign
fighters.
(2) The total number of United States citizens present in
the terrorist safe haven.
(3) The total number of foreign fighters who have left the
terrorist safe haven or whose whereabouts are unknown.
(c) Form.--The reports submitted under subsection (a) may be
submitted in classified form. If such a report is submitted in
classified form, such report shall also include an unclassified summary.
(d) Sunset.--The requirement to submit reports under subsection (a)
shall terminate on the date that is two years after the date of the
enactment of this Act.
(e) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) in the Senate--
(A) the Committee on Armed Services;
(B) the Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security and
Governmental Affairs;
(E) the Committee on Banking, Housing, and Urban
Affairs;
(F) the Committee on Foreign Relations; and
(G) the Committee on Appropriations; and
(2) in the House of Representatives--
(A) the Committee on Armed Services;
(B) the Permanent Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security;
(E) the Committee on Financial Services;
(F) the Committee on Foreign Affairs; and
(G) the Committee on Appropriations.
SEC. 614. REPORT ON CYBERSECURITY THREATS TO SEAPORTS OF THE
UNITED STATES AND MARITIME SHIPPING.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Under Secretary of Homeland Security for Intelligence
and Analysis, in consultation with the Director of National
Intelligence, and consistent with the protection of sources and methods,
shall submit to the appropriate congressional committees a report on the
cybersecurity threats to, and the cyber vulnerabilities within, the
software, communications networks, computer networks, or other systems
employed by--
(1) entities conducting significant operations at seaports
in the United States;
(2) the maritime shipping concerns of the United States; and
[[Page 131 STAT. 837]]
(3) entities conducting significant operations at
transshipment points in the United States.
(b) Matters Included.--The report under subsection (a) shall include
the following:
(1) A description of any recent and significant cyberattacks
or cybersecurity threats directed against software,
communications networks, computer networks, or other systems
employed by the entities and concerns described in paragraphs
(1) through (3) of subsection (a).
(2) An assessment of--
(A) any planned cyberattacks directed against such
software, networks, and systems;
(B) any significant vulnerabilities to such
software, networks, and systems; and
(C) how such entities and concerns are mitigating
such vulnerabilities.
(3) An update on the status of the efforts of the Coast
Guard to include cybersecurity concerns in the National Response
Framework, Emergency Support Functions, or both, relating to the
shipping or ports of the United States.
(c) Appropriate Congressional Committees Defined.--In this section,
the term ``appropriate congressional committees'' means--
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security and Governmental
Affairs and the Committee on Commerce, Science, and
Transportation of the Senate; and
(3) the Committee on Homeland Security and the Committee on
Transportation and Infrastructure of the House of
Representatives.
SEC. 615. REPORT ON REPRISALS AGAINST CONTRACTORS OF THE
INTELLIGENCE COMMUNITY.
(a) Report.--Not later than 180 days after the date of the enactment
of this Act, the Inspector General of the Intelligence Community,
consistent with the protection of sources and methods, shall submit to
the congressional intelligence committees a report on reprisals made
against covered contractor employees.
(b) Elements.--The report under subsection (a) shall include the
following:
(1) Identification of the number of known or claimed
reprisals made against covered contractor employees during the
3-year period preceding the date of the report and any
evaluation of such reprisals.
(2) An evaluation of the usefulness of establishing a
prohibition on reprisals against covered contractor employees as
a means of encouraging such contractors to make protected
disclosures.
(3) A description of any challenges associated with
establishing such a prohibition, including with respect to the
nature of the relationship between the Federal Government, the
contractor, and the covered contractor employee.
(4) A description of any approaches taken by the Federal
Government to account for reprisals against non-intelligence
community contractors who make protected disclosures, including
pursuant to section 2409 of title 10, United States
[[Page 131 STAT. 838]]
Code, and sections 4705 and 4712 of title 41, United States
Code.
(5) Any recommendations the Inspector General determines
appropriate.
(c) Definitions.--In this section:
(1) Covered contractor employee.--The term ``covered
contractor employee'' means an employee of a contractor of an
element of the intelligence community.
(2) Reprisal.--The term ``reprisal'' means the discharge or
other adverse personnel action made against a covered contractor
employee for making a disclosure of information that would be a
disclosure protected by law if the contractor were an employee
of the Federal Government.
DIVISION O--HONORING INVESTMENTS IN RECRUITING AND EMPLOYING AMERICAN
MILITARY VETERANS ACT OF 2017
SECTION 1. <<NOTE: 38 USC 4100 note.>> SHORT TITLE.
This division may be cited as the ``Honoring Investments in
Recruiting and Employing American Military Veterans Act of 2017'' or the
``HIRE Vets Act''.
SEC. 2. HIRE VETS MEDALLION AWARD PROGRAM.
(a) Program Established.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Labor shall establish, by rule,
a HIRE Vets Medallion Program to solicit voluntary information from
employers for purposes of recognizing, by means of an award to be
designated a ``HIRE Vets Medallion Award'', verified efforts by such
employers--
(1) to recruit, employ, and retain veterans; and
(2) to provide community and charitable services supporting
the veteran community.
(b) Application Process.--Beginning in the calendar year following
the calendar year in which the Secretary establishes the program, the
Secretary shall annually--
(1) solicit and accept voluntary applications from employers
in order to consider whether those employers should receive a
HIRE Vets Medallion Award;
(2) review applications received in each calendar year; and
(3) notify such recipients of their awards; and
(4) at a time to coincide with the annual commemoration of
Veterans Day--
(A) announce the names of such recipients;
(B) recognize such recipients through publication in
the Federal Register; and
(C) issue to each such recipient--
(i) a HIRE Vets Medallion Award of the level
determined under section 3; and
(ii) a certificate stating that such employer
is entitled to display such HIRE Vets Medallion
Award.
(c) Timing.--
(1) Solicitation period.--The Secretary shall solicit
applications not later than January 31st of each calendar year
[[Page 131 STAT. 839]]
for the Awards to be awarded in November of that calendar year.
(2) End of acceptance period.--The Secretary shall stop
accepting applications not earlier than April 30th of each
calendar year for the Awards to be awarded in November of that
calendar year.
(3) Review period.--The Secretary shall finish reviewing
applications not later than August 31st of each calendar year
for the Awards to be awarded in November of that calendar year.
(4) Selection of recipients.--The Secretary shall select the
employers to receive HIRE Vets Medallion Awards not later than
September 30th of each calendar year for the Awards to be
awarded in November of that calendar year.
(5) Notice to recipients.--The Secretary shall notify
employers who will receive HIRE Vets Medallion Awards not later
than October 11th of each calendar year for the Awards to be
awarded in November of that calendar year.
(d) Limitation.--An employer who receives a HIRE Vets Medallion
Award for one calendar year is not eligible to receive a HIRE Vets
Medallion Award for the subsequent calendar year.
SEC. 3. SELECTION OF RECIPIENTS.
(a) Application Review Process.--
(1) In general.--The Secretary shall review all applications
received in a calendar year to determine whether an employer
should receive a HIRE Vets Medallion Award, and, if so, of what
level.
(2) Application contents.--The Secretary shall require that
all applications provide information on the programs and other
efforts of applicant employers during the calendar year prior to
that in which the medallion is to be awarded, including the
categories and activities governing the level of award for which
the applicant is eligible under subsection (b).
(3) Verification.--The Secretary shall verify all
information provided in the applications, to the extent that
such information is relevant in determining whether or not an
employer should receive a HIRE Vets Medallion Award or in
determining the appropriate level of HIRE Vets Medallion Award
for that employer to receive, including by requiring the chief
executive officer or the chief human relations officer of the
employer to attest under penalty of perjury that the employer
has met the criteria described in subsection (b) for a
particular level of Award.
(b) Awards.--
(1) Large employers.--
(A) In general.--The Secretary shall establish 2
levels of HIRE Vets Medallion Awards to be awarded to
employers employing 500 or more employees, to be
designated the ``Gold HIRE Vets Medallion Award'' and
the ``Platinum HIRE Vets Medallion Award''.
(B) Gold hire vets medallion award.--No employer
shall be eligible to receive a Gold HIRE Vets Medallion
Award in a given calendar year unless--
(i) veterans constitute not less than 7
percent of all employees hired by such employer
during the prior calendar year;
[[Page 131 STAT. 840]]
(ii) such employer has retained not less than
75 percent of the veteran employees hired during
the calendar year preceding the preceding calendar
year for a period of at least 12 months from the
date on which the employees were hired;
(iii) such employer has established an
employee veteran organization or resource group to
assist new veteran employees with integration,
including coaching and mentoring; and
(iv) such employer has established programs to
enhance the leadership skills of veteran employees
during their employment.
(C) Platinum hire vets medallion award.--No employer
shall be eligible to receive a Platinum HIRE Vets
Medallion Award in a given calendar year unless--
(i) the employer meets all the requirements
for eligibility for a Gold HIRE Vets Medallion
Award under subparagraph (B);
(ii) veterans constitute not less than 10
percent of all employees hired by such employer
during the prior calendar year;
(iii) such employer has retained not less than
85 percent of the veteran employees hired during
the calendar year preceding the preceding calendar
year for a period of at least 12 months from the
date on which the employees were hired;
(iv) such employer employs dedicated human
resources professionals to support hiring and
retention of veteran employees, including efforts
focused on veteran hiring and training;
(v) such employer provides each of its
employees serving on active duty in the United
States National Guard or Reserve with compensation
sufficient, in combination with the employee's
active duty pay, to achieve a combined level of
income commensurate with the employee's salary
prior to undertaking active duty; and
(vi) such employer has a tuition assistance
program to support veteran employees' attendance
in postsecondary education during the term of
their employment.
(D) Exemption for smaller employers.--An employer
shall be deemed to meet the requirements of subparagraph
(C)(iv) if such employer--
(i) employs 5,000 or fewer employees; and
(ii) employs at least one human resources
professional whose regular work duties include
those described under subparagraph (C)(iv).
(E) Additional criteria.--The Secretary may provide,
by rule, additional criteria with which to determine
qualifications for receipt of each level of HIRE Vets
Medallion Award.
(2) Small- and medium-sized employers.--The Secretary shall
establish similar awards in order to recognize achievements in
supporting veterans by--
(A) employers with 50 or fewer employees; and
[[Page 131 STAT. 841]]
(B) employers with more than 50 but fewer than 500
employees.
(c) Design by Secretary.--The Secretary shall establish the shape,
form, and design of each HIRE Vets Medallion Award, except that the
Award shall be in the form of a certificate and shall state the year for
which it was awarded.
SEC. 4. DISPLAY OF AWARD.
It is unlawful for any employer to publicly display a HIRE Vets
Medallion Award, in connection with, or as a part of, any advertisement,
solicitation, business activity, or product--
(1) for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression that the employer
received the Award through the HIRE Vets Medallion Award
Program, if such employer did not receive such Award through the
HIRE Vets Medallion Award Program; or
(2) for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression that the employer
received the Award through the HIRE Vets Medallion Award Program
for a year for which such employer did not receive such Award.
SEC. 5. APPLICATION FEE AND FUNDING.
(a) Fund Established.--There is established in the Treasury of the
United States a fund to be designated the ``HIRE Vets Medallion Award
Fund''. Amounts appropriated to the fund pursuant to subsection (c)
shall remain available until expended.
(b) Fee Authorized.--The Secretary may assess a reasonable fee on
employers that apply for receipt of a HIRE Vets Medallion Award and the
Secretary shall deposit such fees into the HIRE Vets Medallion Award
Fund. The Secretary shall establish the amount of the fee such that the
amounts collected as fees and deposited into the Fund are sufficient to
cover the costs associated with carrying out this division.
(c) Use of Funds.--Amounts in the HIRE Vets Medallion Award Fund
shall be available, subject to appropriation, to the Secretary to carry
out the HIRE Vets Medallion Award Program.
SEC. 6. INITIAL IMPLEMENTATION.
The HIRE Vets Medallion Program shall begin to solicit applications
on January 31 of the year that is 2 fiscal years after the fiscal year
during which funds are first appropriated to carry out this division.
SEC. 7. REPORT TO CONGRESS.
(a) Reports.--Beginning not later than 2 years after the date of
enactment of this Act, the Secretary shall submit to Congress annual
reports on--
(1) the fees collected from applicants for HIRE Vets
Medallion Awards in the prior year and any changes in fees to be
proposed in the present year;
(2) the cost of administering the HIRE Vets Medallion Award
Program in the prior year;
(3) the number of applications for HIRE Vets Medallion
Awards received in the prior year; and
(4) the HIRE Vets Medallion Awards awarded in the prior
year, including the name of each employer to whom a HIRE
[[Page 131 STAT. 842]]
Vets Medallion Award was awarded and the level of medallion
awarded to each such employer.
(b) Committees.--The Secretary shall provide the reports required
under subsection (a) to the Chairman and Ranking Member of--
(1) the Committees on Education and the Workforce and
Veterans' Affairs of the House of Representatives; and
(2) the Committees on Health, Education, Labor, and Pensions
and Veterans' Affairs of the Senate.
SEC. 8. DEFINITIONS.
In this division:
(a) The term ``employer'' means any person, institution,
organization, or other entity that pays salary or wages for work
performed or that has control over employee opportunities, except that
such term does not include--
(1) the Federal Government; or
(2) any State government.
(b) The term ``Secretary'' means the Secretary of Labor.
(c) The term ``veteran'' has the meaning given such term under
section 101 of title 38, United States Code.
Approved May 5, 2017.
LEGISLATIVE HISTORY--H.R. 244:
---------------------------------------------------------------------------
CONGRESSIONAL RECORD, Vol. 163 (2017):
Feb. 13, considered and passed House.
Mar. 21, considered and passed Senate, amended.
May 3, House concurred in Senate amendments with an
amendment.
May 4, Senate concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017):
May 5, Presidential statement.
---------------------------------------------------------------------------
__________
ENDNOTE: The following appendixes were added pursuant to the
provisions of section 431 of this Act (131 Stat. 502).
[[Page 131 STAT. 842A-1]]
TABLE OF CONTENTS
The table of contents is as follows:
APPENDIX A--H.R. 2104
APPENDIX B--S. 131
APPENDIX C--S. 847
[[Page 131 STAT. 842A-3]]
APPENDIX A--H.R. 2104
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Morley Nelson Snake River Birds of
Prey National Conservation Area Boundary Modification Act of 2017''.
SEC. 2. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER BIRDS OF
PREY NATIONAL CONSERVATION AREA, IDAHO.
(a) Definitions.--In this section:
(1) Conservation area.--The term ``Conservation Area'' means
the Morley Nelson Snake River Birds of Prey National
Conservation Area.
(2) Gateway west.--The term ``Gateway West'' means the high-
voltage transmission line project in Idaho and Wyoming jointly
proposed by the entities Idaho Power Company, incorporated in
the State of Idaho, and Rocky Mountain Power, a division of
PacifiCorp, an Oregon Corporation.
(3) Map.--The term ``map'' means the map titled ``Proposed
Snake River Birds of Prey NCA Boundary Adjustment'' and dated
October 13, 2016.
(4) Sage-grouse species.--The term ``sage-grouse species''
means the greater sage-grouse (Centrocercus urophasianus)
(including all distinct population segments).
(5) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(b) Areas To Be Added To and Removed From Morley Nelson Snake River
Birds of Prey National Conservation Area.--The boundary of the
Conservation Area is hereby modified--
(1) to include--
(A) the approximately 4,726 acres of land generally
depicted as ``BLM Administered Lands'' on the map, to
the extent such lands are part of the Lower Saylor Creek
Allotment those lands would continue to be managed by
the BLM Jarbidge Field Office until terms of the No. CV-
04-181-S-BLW Stipulated Settlement Agreement are fully
met, after which the lands would be managed by the
Morley Nelson Snake River Birds of Prey National
Conservation Area office; and
(B) the approximately 86 acres of land generally
depicted as ``BOR Administered Lands'' on the map; and
(2) to exclude--
(A) the approximately 761 acres of land generally
depicted as ``Segment 8 Revised Proposed Route'' on the
map, including 125 feet on either side of the center
line of the Gateway West Transmission line, the Gateway
West
[[Page 131 STAT. 842A-4]]
Transmission Line shall be sited so that the center line
of Segment 8 is no more than 500 feet from the center
line of the existing Summer Lake Transmission Line as
described in the Summer Lake Transmission Line Right of
Way Grant per FLPMA, IDI-008875; and
(B) the approximately 1,845 acres of land generally
depicted as ``Segment 9 Revised Proposed Route'' on the
map including 125 feet on either side of the center line
of the Gateway West Transmission line.
(c) Right-of-Way and Conditions.--
(1) Right-of-way.--Notwithstanding any other provision of
law, not later than 90 days after the date of the enactment of
this section, the Secretary shall issue to Gateway West a right-
of-way for the lands described in subsection (b)(2) to be used
for the construction and maintenance of transmission lines,
including access roads and activities related to fire prevention
and suppression. The right-of-way issued under this paragraph
shall contain the conditions described in subsection (c)(2), and
be in alignment with the revised proposed routes for segments 8
and 9 identified as Alternative 1 in the Supplementary Final
Environmental Impact Analysis released October 5, 2016.
(2) Conditions.--The conditions that the Secretary shall
include in the right-of-way described in paragraph (1) shall be
in accordance with section 505 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1765) and are as follows:
(A) Mitigation.--During the time of construction of
each respective line segment, Gateway West shall
mitigate for the impacts related to the transmission
lines in accordance with the Compensatory Mitigation and
Enhancement framework described in the final
Supplemental Environmental Impact Statement with the
stipulation that Compensatory Mitigation and Enhancement
costs shall not exceed $8,543,440.
(B) Conservation.--Gateway West shall contribute
$2,000 per acre of right-of-way in the Conservation Area
during the time of construction of Segment 8 Revised
Proposed Route (comprising 761 acres) and during the
construction of Segment 9 Revised Proposed Route
(comprising 1,845 acres) to the Bureau of Land
Management Foundation that shall be used for the purpose
of conservation, including enhancing National Landscape
Conservation System Units in Idaho, also known as
National Conservation Lands.
(C) Costs.--Gateway West shall pay all costs
associated with the boundary modification, including the
costs of any surveys, recording costs, and other
reasonable costs.
(D) Other.--Standard terms and conditions in
accordance with section 505 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1765).
(d) Administration.--The Secretary shall--
(1) administer the lands described in subsection (b)(1) as
part of the Conservation Area in accordance with Public Law 103-
64 and as part of the National Landscape Conservation System;
and
[[Page 131 STAT. 842A-5]]
(2) continue to administer lands described in subsection
(b)(2), but as lands that are not included in a Conservation
Area or subject to Public Law 103-64.
(e) Transfer of Administrative Jurisdiction.--Administrative
jurisdiction over the approximately 86 acres of land depicted as ``BOR
Administered Lands'' on the map is hereby transferred from the Bureau of
Reclamation to the Bureau of Land Management.
(f) Availability of Map.--The map shall be on file and available for
public inspection in the appropriate offices of the Bureau of Land
Management.
(g) Management Plan Amendment.--Not later than 18 months after the
date of the enactment of this Act, the Secretary shall amend the
management plan for the Conservation Area to address the long-term
management of the lands described in subsection (b)(1) in order to--
(1) determine appropriate management activities and uses of
the lands described in subsection (b)(1) consistent with Public
Law 103-64 and this section;
(2) continue managing the grazing of livestock on the lands
described in subsection (b)(1) in which grazing is established
as of the date of the enactment of this section such that the
grazing shall be allowed to continue, subject to such reasonable
regulations, policies, and practices that the Secretary
considers necessary;
(3) allow motorized access on roads existing on the lands
described in subsection (b)(1) on the date of the enactment of
this section, subject to such reasonable regulations, policies,
and practices that the Secretary considers necessary; and
(4) allow hunting and fishing on the lands described in
subsection (b)(1) consistent with applicable laws and
regulations.
SEC. 3. COTTEREL WIND POWER PROJECT.
The approximately 203 acres of Federal land identified as ``Project
Area'' on the map titled ``Cotterel Wind Power Project'' and dated March
1, 2006, may not be used for the production of electricity from wind.
[[Page 131 STAT. 842A-7]]
APPENDIX B--S. 131
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Alaska Mental Health Trust Land
Exchange Act of 2017''.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate and expedite the exchange
of land between the Alaska Mental Health Trust and the Secretary of
Agriculture in accordance with this Act--
(1) to secure Federal ownership and protection of non-
Federal land in the State of Alaska that has significant
natural, scenic, watershed, recreational, wildlife, and other
public values by--
(A) retaining the undeveloped natural character of
the non-Federal land; and
(B) preserving recreational trails for hiking,
biking, and skiing;
(2) to create jobs and provide economic opportunities for
resource use in more remote areas of the State; and
(3) to facilitate the goals and objectives of the Alaska
Mental Health Trust.
SEC. 3. DEFINITIONS.
In this Act:
(1) Alaska mental health trust.--The term ``Alaska Mental
Health Trust'' means the Alaska Mental Health Trust Authority,
an agency of the State.
(2) Federal land.--The term ``Federal land'' means the
following 7 parcels of National Forest System land, as generally
depicted on maps 7 through 9, comprising a total of
approximately 20,580 acres:
(A) The parcel generally depicted as ``Naukati Phase
1'' on map 8, comprising approximately 2,400 acres.
(B) The parcel generally depicted as ``West
Naukati'' on map 8, comprising approximately 4,182
acres.
(C) The parcel generally depicted as ``North
Naukati'' on map 8, comprising approximately 1,311
acres.
(D) The parcel generally depicted as ``East Naukati/
2016 Naukati addition'' on map 8, comprising
approximately 1,067 acres.
(E) The parcel generally depicted as ``Central
Naukati'' on map 8, comprising approximately 1,858
acres.
(F) The parcel generally depicted as ``Hollis'' on
map 9, comprising approximately 1,538 acres.
(G) The parcel generally depicted as ``Shelter Cove
Area'' on map 7, comprising approximately 8,224 acres.
[[Page 131 STAT. 842A-8]]
(3) Map.--The term ``map'' means the applicable map prepared
by the Alaska Region of the Forest Service to accompany this
Act--
(A) numbered 1, 2, 3, 4, 5, 6, 7, 8, or 9 and dated
March 3, 2017; or
(B) numbered 10 and dated March 9, 2017.
(4) Non-federal land.--The term ``non-Federal land'' means
the following 20 parcels of non-Federal land, as generally
depicted on maps 1 through 6 and map 10, comprising a total of
approximately 18,258 acres:
(A) The parcel generally depicted as parcel K-1 on
map 1, comprising approximately 1,878 acres.
(B) The parcel generally depicted as parcel K-2 on
map 1, comprising approximately 707 acres.
(C) The parcel generally depicted as parcel K-3 on
map 1, comprising approximately 901 acres, including the
12-acre conservation easement described in section
4(e)(1).
(D) The parcel generally depicted as parcel K-4A on
map 1, comprising approximately 3,180 acres.
(E) The parcel generally depicted as parcel P-1A on
map 2, comprising approximately 3,174 acres, including
the administrative site described in section 5(c).
(F) The parcel generally depicted as parcel P-1B on
map 2, comprising approximately 144 acres.
(G) The parcel generally depicted as parcel P-2B on
map 2, comprising approximately 181 acres.
(H) The parcel generally depicted as parcel P-3B on
map 2, comprising approximately 92 acres.
(I) The parcel generally depicted as parcel P-4 on
map 2, comprising approximately 280 acres.
(J) The parcel generally depicted as parcel W-1 on
map 3, comprising approximately 204 acres.
(K) The parcel generally depicted as parcel W-2 on
map 3, comprising approximately 104 acres.
(L) The parcel generally depicted as parcel W-3 on
map 3, comprising approximately 63 acres.
(M) The parcel generally depicted as parcel W-4 on
map 3, comprising approximately 700 acres.
(N) The parcel generally depicted as parcel S-2 on
map 4, comprising approximately 284 acres.
(O) The parcel generally depicted as parcel S-3 on
map 4, comprising approximately 109 acres.
(P) The parcel generally depicted as parcel S-4 on
map 4, comprising approximately 26 acres.
(Q) The parcel generally depicted as parcel MC-1 on
map 5, comprising approximately 169 acres.
(R) The parcel generally depicted as parcel J-1B on
map 6, comprising approximately 2,261 acres.
(S) The parcel generally depicted as parcel J-1A on
map 6, comprising approximately 428 acres.
(T) The parcel generally depicted as parcel NB-1 on
map 10, comprising approximately 3,374 acres.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(6) State.--The term ``State'' means the State of Alaska.
[[Page 131 STAT. 842A-9]]
SEC. 4. LAND EXCHANGE.
(a) In General.--If the Alaska Mental Health Trust offers to convey
to the Secretary, in the 2 phases described in subsection (n), all
right, title, and interest of the Alaska Mental Health Trust in and to
the non-Federal land, the Secretary shall--
(1) accept the offer; and
(2) offer to exchange with the Alaska Mental Health Trust,
in the 2 phases described in subsection (n), all right, title,
and interest of the United States in and to the Federal land.
(b) Condition on Acceptance.--Title to any non-Federal land conveyed
by the Alaska Mental Health Trust to the Secretary under subsection (a)
shall be in a form that is acceptable to the Secretary.
(c) Valid Existing Rights.--The conveyances under subsection (a)
shall be subject to any valid existing rights, reservations, rights-of-
way, or other encumbrances of third parties in, to, or on the Federal
land and the non-Federal land as of the date of enactment of this Act.
(d) Reciprocal Road Easements.--
(1) In general.--The Secretary and the Alaska Mental Health
Trust shall exchange at no cost reciprocal easements on existing
roads as necessary to access the parcels each party acquires in
the exchange.
(2) Public access.--The reciprocal easements exchanged under
paragraph (1) shall provide for public access.
(3) Cost-share agreement.--The Secretary and the Alaska
Mental Health Trust may enter into a separate cost-share
agreement to cover the cost of road maintenance with respect to
the reciprocal easements exchanged under paragraph (1).
(e) K-3 Parcel Landfill Buffer.--
(1) In general.--As a condition of the exchange under
subsection (a), in conveying the parcel of non-Federal land
described in section 3(4)(C) to the United States, the Alaska
Mental Health Trust shall grant to the United States a 300-foot
conservation easement abutting that parcel along the interface
of the parcel and the City of Ketchikan landfill (as in
existence on the date of enactment of this Act), as generally
depicted on map 1.
(2) Development and ownership.--The conservation easement
described in paragraph (1) shall provide that the land covered
by the easement remains undeveloped and in the ownership of the
Alaska Mental Health Trust.
(3) Equalization.--The value of the conservation easement
described in paragraph (1) shall be included in the value of the
non-Federal land for purposes of equalizing the values of the
Federal land and the non-Federal land under subsection (j).
(f) Research Easements.--
(1) In general.--In order to allow time for the completion
of research activities of the Forest Service that are ongoing as
of the date of enactment of this Act, in conveying the Federal
land to the Alaska Mental Health Trust under subsection (a), the
Secretary shall reserve research easements for the following
Forest Service study plots (as in existence on the date of
enactment of this Act):
[[Page 131 STAT. 842A-10]]
(A) The Sarkar research easement study plot on the
parcel of Federal land described in section 3(2)(B), as
generally depicted on map 8, to remain in effect for the
10-year period beginning on the date of enactment of
this Act.
(B) The Naukati commercial thinning study plot on
the parcel of Federal land described in section 3(2)(B),
as generally depicted on map 8, to remain in effect for
the 15-year period beginning on the date of enactment of
this Act.
(C) The POW Yatuk study plot on the parcel of
Federal land described in section 3(2)(A), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(D) The POW Naukati study plot on the parcel of
Federal land described in section 3(2)(D), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(E) The Revilla George study plot on the parcel of
Federal land described in section 3(2)(G), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(2) Prohibited activities.--The Alaska Mental Health Trust
shall not construct any new road or harvest timber on any study
plot covered by a research easement described in paragraph (1)
during the period described in subparagraph (A), (B), (C), (D),
or (E) of that paragraph, as applicable.
(g) Area of Karst Concern.--
(1) In general.--In conveying the parcels of Federal land
described in subparagraphs (A) and (D) of section 3(2) to the
Alaska Mental Health Trust under subsection (a), the Secretary
shall reserve to the United States a conservation easement that
shall protect the aquatic and riparian habitat within the area
labeled ``Conservation Easement'', as generally depicted on map
8.
(2) Prohibited activities.--The conservation easement
described in paragraph (1) shall prohibit within the area
covered by the conservation easement--
(A) new road construction and timber harvest within
100 feet of any anadromous water bodies (including
underground water bodies); and
(B) commercial mineral extraction.
(h) Compliance With Applicable Law.--Prior to completing each phase
of the land exchange described in subsection (n), the Secretary shall
complete, for the land to be conveyed in the applicable phase, any
necessary land surveys and required preexchange clearances, reviews,
mitigation activities, and approvals relating to--
(1) threatened and endangered species;
(2) cultural and historic resources;
(3) wetland and floodplains; and
(4) hazardous materials.
(i) Appraisals.--
(1) In general.--Not later than 90 days after the date of
enactment of this Act--
[[Page 131 STAT. 842A-11]]
(A) the Secretary and the Alaska Mental Health Trust
shall select an appraiser to conduct appraisals of the
Federal land and the non-Federal land; and
(B) the Secretary shall issue all appraisal
instructions for those appraisals.
(2) Requirements.--
(A) In general.--All appraisals under paragraph (1)
shall be conducted in accordance with nationally
recognized appraisal standards, including--
(i) the Uniform Appraisal Standards for
Federal Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(B) Final appraised value.--
(i) In general.--During the 3-year period
beginning on the date on which the final appraised
values of the Federal land and the non-Federal
land for each phase of the exchange described in
subsection (n) are approved by the Secretary, the
Secretary shall not be required to reappraise or
update the final appraised values of the Federal
land and the non-Federal land.
(ii) Exchange agreement.--After the date on
which an agreement to exchange the Federal land
and non-Federal is entered into under this Act, no
reappraisal or updates to the final appraised
values of the Federal land and the non-Federal
land approved by the Secretary shall be required.
(3) Public review.--Before completing each phase of the land
exchange described in subsection (n), the Secretary shall make
available for public review summaries of the appraisals of the
Federal land and the non-Federal land for the applicable phase.
(j) Equal Value Land Exchange.--
(1) In general.--The value of the Federal land and the non-
Federal land to be exchanged under subsection (a) shall be--
(A) equal; or
(B) equalized in accordance with this subsection.
(2) Surplus of federal land value.--
(A) In general.--If the final appraised value of the
Federal land exceeds the final appraised value of the
non-Federal land in phase 2 of the exchange (after
applying any cash equalization credit or debit from
phase 1 of the exchange under subsection (n)(2)), the
Federal land shall be adjusted by removing 1 or more
parcels, or 1 or more portions of parcels, as determined
by the Alaska Mental Health Trust, with the concurrence
of the Secretary, in accordance with subparagraph (B)
until, to the maximum extent practicable, approximate
equal value of the Federal land and non-Federal land is
achieved.
(B) Order of priority.--The parcels of Federal land
shall be removed under subparagraph (A) in the reverse
order in which the parcels are listed in section 3(2),
beginning with subparagraph (G).
(3) Surplus of non-federal land value.--
(A) In general.--If the final appraised value of the
non-Federal land exceeds the final appraised value of
the
[[Page 131 STAT. 842A-12]]
Federal land in phase 2 of the exchange (after applying
any cash equalization credit or debit from phase 1 of
the exchange under subsection (n)(2)), the non-Federal
land shall be adjusted by removing 1 or more parcels, or
1 or more portions of parcels, as determined by the
Alaska Mental Health Trust, with the concurrence of the
Secretary, in accordance with subparagraph (B) until, to
the maximum extent practicable, approximate equal value
of the Federal land and non-Federal land is achieved.
(B) Order of priority.--The parcels of non-Federal
land shall be removed under subparagraph (A) in the
reverse order in which the parcels are listed in section
3(4), beginning with subparagraph (T).
(C) Waiver of cash equalization.--In order to
expedite completion of the exchange, if the values of
the Federal land and the non-Federal land cannot be
equalized under this paragraph, the Alaska Mental Health
Trust may, at its sole discretion, elect to waive any
cash equalization payment that would otherwise be due
from the United States under paragraph (4).
(4) Remaining difference.--Any remaining difference in value
after adjusting the Federal land or non-Federal land under
paragraph (2)(A) or (3)(A), respectively, shall be equalized
by--
(A) removal of a portion of a parcel of the Federal
land or the non-Federal land, as applicable, as
determined by the Alaska Mental Health Trust, with the
concurrence of the Secretary;
(B) the payment of a cash equalization, as
necessary, by the Secretary or the Alaska Mental Health
Trust, as appropriate, in accordance with section 206(b)
of the Federal Land Policy and Management Act of 1976
(43 U.S.C. 1716(b)); or
(C) a combination of the methods described in
subparagraphs (A) and (B), as determined by the Alaska
Mental Health Trust, with the concurrence of the
Secretary.
(k) Costs.--As a condition of the land exchange under this Act, the
Alaska Mental Health Trust shall agree to pay, without compensation, all
costs that are associated with each phase of the exchange described in
subsection (n), including--
(1) all costs to complete the land surveys, appraisals, and
environmental reviews described in subsection (h) such that the
exchange may be completed in accordance with the deadlines
described in subsection (n); and
(2) on request of the Secretary, reimbursement of costs for
agency staff, additional agency staff, or third-party
contractors appropriate such that the exchange may be completed
in accordance with the deadlines described in subsection (n).
(l) Land Surveys, Approvals, Uses.--
(1) Survey instructions.--Not later than 90 days after the
date of enactment of this Act, the Secretary of the Interior
shall issue survey instructions to assist in the timely
completion of all land surveys necessary to complete the land
exchange under subsection (a) in accordance with the deadlines
described in subsection (n).
(2) Surveys.--Unless otherwise agreed to by the Secretary
and the Alaska Mental Health Trust, after consultation with
[[Page 131 STAT. 842A-13]]
the Secretary of the Interior, land surveys shall not be
required for--
(A) any portion of the boundaries of the non-Federal
land that is contiguous to--
(i) National Forest System land, as in
existence on the date of enactment of this Act; or
(ii) land that has been surveyed or lotted as
of the date of enactment of this Act;
(B) any portion of the boundaries of the Federal
land that is contiguous to--
(i) land owned as of the date of enactment of
this Act by--
(I) the Alaska Mental Health Trust;
or
(II) the State; or
(ii) land that has been surveyed or lotted as
of the date of enactment of this Act;
(C) any portion of the boundaries that the Secretary
and the Alaska Mental Health Trust agree, after
consultation with the Secretary of the Interior, is
adequately defined by a survey, mapping, or aliquot
part, or other legal description; and
(D) any portion of the boundaries of the non-Federal
land that--
(i) the United States tentatively conveyed to
the State without survey;
(ii) is being reconveyed to the United States
in the land exchange under subsection (a); and
(iii) is not surveyed as of the date of
enactment of this Act.
(m) Parcel Adjustment.--If a portion of a parcel of the Federal land
or the non-Federal land to be conveyed under subsection (a) cannot be
conveyed due to the presence of hazardous materials--
(1) the portion shall be removed from the exchange; and
(2) the final exchange values shall be equalized in
accordance with subsection (j).
(n) Land Exchange Phases.--
(1) In general.--The land exchange under subsection (a)
shall be completed in 2 phases, as specifically described in
paragraphs (2) and (3).
(2) Phase 1.--
(A) In general.--Subject to subparagraph (B), not
later than 1 year after the date of enactment of this
Act--
(i) the Secretary shall convey to the Alaska
Mental Health Trust the parcel of Federal land
described in section 3(2)(A); and
(ii) the Alaska Mental Health Trust shall
simultaneously convey to the United States the
parcels of non-Federal land described in
subparagraphs (A) and (B) of section 3(4).
(B) Conditions.--Subparagraph (A) shall be subject
to the following conditions:
(i) The land conveyed under this subparagraph
shall be appraised--
(I) separately from the land
described in paragraph (3); but
[[Page 131 STAT. 842A-14]]
(II) in accordance with the
nationally recognized appraisal
standards described in subsection
(i)(2)(A).
(ii) Any cash equalization payment that would
otherwise be necessary to be paid by the Secretary
or the Alaska Mental Health Trust on the
completion of the conveyance under this paragraph
shall be--
(I) deferred until the completion of
the conveyance under paragraph (3); and
(II) debited or credited, as
appropriate, to any final land or cash
equalization that may be due from either
party on the completion of the
conveyance under paragraph (3).
(3) Phase 2.--Subject to subsection (j), not later than 2
years after the date of enactment of this Act--
(A) the Secretary shall convey to the Alaska Mental
Health Trust the Federal land described in subparagraphs
(B) through (G) of section 3(2); and
(B) the Alaska Mental Health Trust shall
simultaneously convey to the United States the non-
Federal land described in subparagraphs (C) through (T)
of section 3(4).
SEC. 5. USE OF THE FEDERAL LAND AND NON-FEDERAL LAND.
(a) Federal Land Conveyed to the Alaska Mental Health Trust.--On
conveyance of the Federal land to the Alaska Mental Health Trust under
this Act, the Federal land shall--
(1) become the property of the Alaska Mental Health Trust;
and
(2) be available for any use permitted under applicable law
(including regulations).
(b) Non-Federal Land Acquired by the Secretary.--
(1) In general.--On acquisition of the non-Federal land by
the Secretary under this Act, the non-Federal land shall--
(A) become part of the Tongass National Forest;
(B) be administered in accordance with the laws
applicable to the National Forest System; and
(C) be managed--
(i) to preserve--
(I) the undeveloped natural
character of the non-Federal land,
except as provided in paragraph (3); and
(II) the wildlife, watershed, and
scenic values of the non-Federal land;
and
(ii) to provide for recreational opportunities
consistent with the purposes and values of the
non-Federal land to be preserved under clause (i),
including the development or maintenance of
recreational trails as described in paragraph (3).
(2) Boundary revision.--On acquisition of the non-Federal
land by the Secretary under this Act, the boundaries of the
Tongass National Forest shall be modified to reflect the
inclusion of the non-Federal land.
(3) Recreational trails.--Nothing in this subsection
precludes the development or maintenance of recreational trails
for hiking, biking, or skiing.
(c) Administrative Site.--On acquisition of the parcel of non-
Federal land described in section 3(4)(E), the Secretary shall set
[[Page 131 STAT. 842A-15]]
aside 42 acres of the parcel, in the location generally depicted on map
2, as an administrative site for purposes of the future administrative
needs of the Tongass National Forest.
SEC. 6. WITHDRAWAL.
Subject to valid existing rights, the non-Federal land acquired by
the Secretary under this Act shall be withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under the mineral leasing, mineral
materials, and geothermal leasing laws.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) Revocation of Orders; Withdrawal.--
(1) Revocation of orders.--Any public land order or
administrative action that withdraws the Federal land from
appropriation or disposal under a public land law shall be
revoked to the extent necessary to permit the conveyance of the
Federal land.
(2) Withdrawal.--
(A) In general.--If the Federal land or any Federal
interest in the non-Federal land is not withdrawn or
segregated from entry and appropriation under a public
land law (including logging and mineral leasing laws and
the Geothermal Steam Act of 1970 (30 U.S.C. 1001 et
seq.)) as of the date of enactment of this Act, the
Federal land or Federal interest in the non-Federal land
shall be withdrawn, without further action by the
Secretary, from entry and appropriation.
(B) Termination.--The withdrawal under subparagraph
(A) shall be terminated--
(i) on the date of the completion of the phase
of the land exchange described in section 4(n)
covering the applicable Federal land; or
(ii) if the Alaska Mental Health Trust
notifies the Secretary in writing that the Alaska
Mental Health Trust elects to withdraw from the
land exchange under section 206(d) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C.
1716(d)), on the date on which the Secretary
receives the notice of the election.
(b) Maps, Estimates, Descriptions.--
(1) Minor errors.--The Secretary and the Alaska Mental
Health Trust, by mutual agreement, may correct minor errors in
any map, acreage estimate, or description of any land conveyed
or exchanged under this Act.
(2) Conflict.--If there is a conflict between a map, acreage
estimate, or description of land in this Act, the map shall be
given effect unless the Secretary and the Alaska Mental Health
Trust mutually agree otherwise.
(3) Availability.--On the date of enactment of this Act, the
Secretary shall file and make available for public inspection in
the office of the Supervisor of the Tongass National Forest each
map.
[[Page 131 STAT. 842A-17]]
APPENDIX C--S. 847
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Women's Suffrage
Centennial Commission Act''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Establishment of Women's Suffrage Centennial Commission.
Sec. 4. Duties of Centennial Commission.
Sec. 5. Powers of Centennial Commission.
Sec. 6. Centennial Commission personnel matters.
Sec. 7. Termination of Centennial Commission.
Sec. 8. Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From 1919 to 1920, the Sixty-Sixth United States
Congress debated, and State legislatures considered, an
amendment to the Constitution of the United States to provide
suffrage for women.
(2) A proposed women's suffrage amendment was first
introduced in the United States Senate in 1878 and was brought
to a vote, unsuccessfully, in 1887, 1914, 1918, and 1919.
Finally, on May 21, 1919, the House of Representatives approved
a proposed amendment, followed by the Senate a few weeks later
on June 4. Within days, the legislatures of Wisconsin, Illinois,
and Michigan had voted to ratify the amendment.
(3) On August 18, 1920, Tennessee became the 36th State to
ratify the amendment, providing the support of three-fourths of
States necessary under article V of the Constitution of the
United States.
(4) The introduction, passage, and ultimate ratification of
the 19th Amendment to the Constitution of the United States were
the culmination of decades of work and struggle by advocates for
the rights of women across the United States and worldwide.
(5) Ratification of the 19th Amendment ensured women could
more fully participate in their democracy and fundamentally
changed the role of women in the civic life of our Nation.
(6) The centennial offers an opportunity for people in the
United States to learn about and commemorate the efforts of the
women's suffrage movement and the role of women in our
democracy.
(7) Commemorative programs, activities, and sites allow
people in the United States to learn about the women's suffrage
[[Page 131 STAT. 842A-18]]
movement and to commemorate and honor the role of the
ratification of the 19th Amendment in further fulfilling the
promise of the Constitution of the United States and promoting
the core values of our democracy.
SEC. 3. ESTABLISHMENT OF WOMEN'S SUFFRAGE CENTENNIAL COMMISSION.
(a) Establishment.--There is established a commission to be known as
the ``Women's Suffrage Centennial Commission'' (referred to in this Act
as the ``Centennial Commission'').
(b) Membership.--
(1) The Centennial Commission shall be composed of 14
members, of whom--
(A) 2 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the House
of Representatives;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the majority leader of
the Senate;
(E) 2 shall be appointed by the minority leader of
the Senate;
(F) 1 shall be the Librarian of Congress, or the
designee of the Librarian;
(G) 1 shall be the Archivist of the United States,
or the designee of the Archivist;
(H) 1 shall be the Secretary of the Smithsonian
Institution, or the designee of the Secretary; and
(I) 1 shall be the Director of the National Park
Service, or the designee of the Director.
(2) Persons eligible.--
(A) In general.--The members of the Commission shall
be individuals who have knowledge or expertise, whether
by experience or training, in matters to be studied by
the Commission. The members may be from the public or
private sector, and may include Federal, State, or local
employees, former Members of Congress, members of
academia, nonprofit organizations, or industry, or other
interested individuals.
(B) Diversity.--It is the intent of Congress that
persons appointed to the Commission under paragraph (1)
be persons who represent diverse economic, professional,
and cultural backgrounds.
(3) Consultation and appointment.--
(A) In general.--The President, Speaker of the House
of Representatives, minority leader of the House of
Representatives, majority leader of the Senate, and
minority leader of the Senate shall consult among
themselves before appointing the members of the
Commission in order to achieve, to the maximum extent
practicable, fair and equitable representation of
various points of view with respect to the matters to be
studied by the Commission.
(B) Completion of appointments; vacancies.--The
President, Speaker of the House of Representatives,
minority leader of the House of Representatives,
majority leader of the Senate, and minority leader of
the Senate shall conduct the consultation under
subparagraph (A) and
[[Page 131 STAT. 842A-19]]
make their respective appointments not later than 60
days after the date of enactment of this Act.
(4) Vacancies.--A vacancy in the membership of the
Commission shall not affect the powers of the Commission and
shall be filled in the same manner as the original appointment
not later than 30 days after the vacancy occurs.
(c) Meetings.--
(1) Initial meeting.--Not later than 30 days after the date
on which all members of the Centennial Commission have been
appointed, the Centennial Commission shall hold its first
meeting.
(2) Subsequent meetings.--
(A) In general.--The Centennial Commission shall
meet at the call of the Chair.
(B) Frequency.--The Chair shall call a meeting of
the members of the Centennial Commission not less
frequently than once every 6 months.
(3) Quorum.--Seven members of the Centennial Commission
shall constitute a quorum, but a lesser number may hold
hearings.
(4) Chair and vice chair.--The Centennial Commission shall
select a Chair and Vice Chair from among its members.
SEC. 4. DUTIES OF CENTENNIAL COMMISSION.
(a) In General.--The duties of the Centennial Commission are as
follows:
(1) To encourage, plan, develop, and execute programs,
projects, and activities to commemorate the centennial of the
passage and ratification of the 19th Amendment.
(2) To encourage private organizations and State and local
governments to organize and participate in activities
commemorating the centennial of the passage and ratification of
the 19th Amendment.
(3) To facilitate and coordinate activities throughout the
United States relating to the centennial of the passage and
ratification of the 19th Amendment.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of the passage and ratification of the 19th
Amendment.
(5) To develop recommendations for Congress and the
President for commemorating the centennial of the passage and
ratification of the 19th Amendment.
(b) Consultation.--In conducting its work, the Centennial Commission
shall consult the Historian of the Senate and the Historian of the House
of Representatives when appropriate.
(c) Reports.--
(1) Periodic report.--Not later than the last day of the 6-
month period beginning on the date of the enactment of this Act,
and not later than the last day of each 3-month period
thereafter, the Centennial Commission shall submit to Congress
and the President a report on the activities and plans of the
Centennial Commission.
(2) Recommendations.--Not later than 2 years after the date
of the enactment of this Act, the Centennial Commission shall
submit to Congress and the President a report containing
specific recommendations for commemorating the centennial
[[Page 131 STAT. 842A-20]]
of the passage and ratification of the 19th Amendment and
coordinating related activities.
SEC. 5. POWERS OF CENTENNIAL COMMISSION.
(a) Hearings.--The Centennial Commission may hold such hearings, sit
and act at such times and places, take such testimony, and receive such
evidence as the Centennial Commission considers appropriate to carry out
its duties under this Act.
(b) Powers of Member and Agents.--If authorized by the Centennial
Commission, any member or agent of the Centennial Commission may take
any action which the Centennial Commission is authorized to take under
this Act.
(c) Information From Federal Agencies.--The Centennial Commission
shall secure directly from any Federal department or agency such
information as the Centennial Commission considers necessary to carry
out the provisions of this Act. Upon the request of the Chair of the
Centennial Commission, the head of such department or agency shall
furnish such information to the Centennial Commission.
(d) Administrative Support Services.--Upon the request of the
Centennial Commission, the Administrator of the General Services
Administration shall provide to the Centennial Commission, on a
reimbursable basis, the administrative support services necessary for
the Centennial Commission to carry out its responsibilities under this
Act.
(e) Contract Authority.--
(1) In general.--Except as provided in paragraph (2), the
Centennial Commission is authorized--
(A) to procure supplies, services, and property; and
(B) to make or enter into contracts, leases, or
other legal agreements.
(2) Limitation.--The Centennial Commission may not enter
into any contract, lease, or other legal agreement that extends
beyond the date of the termination of the Centennial Commission
under section 7(a).
(f) Postal Services.--The Centennial Commission may use the United
States mails in the same manner and under the same conditions as other
departments and agencies of the Federal Government.
(g) Gifts, Bequests, and Devises.--The Centennial Commission is
authorized to solicit, accept, use, and dispose of gifts, bequests, or
devises of money, services, or property, both real and personal, for the
purpose of covering the costs incurred by the Centennial Commission to
carry out its duties under this Act.
(h) Grants.--The Centennial Commission is authorized to award grants
to States and the District of Columbia to support programs and
activities related to commemorating the centennial of the passage and
ratification of the 19th Amendment.
SEC. 6. CENTENNIAL COMMISSION PERSONNEL MATTERS.
(a) Compensation of Members.--Members of the Centennial Commission
shall serve without compensation for such service.
(b) Travel Expenses.--Each member of the Centennial Commission shall
be allowed travel expenses, including per diem in lieu of subsistence,
in accordance with the applicable provisions of title 5, United States
Code.
(c) Staff.--
[[Page 131 STAT. 842A-21]]
(1) In general.--The Chair of the Centennial Commission
shall, in consultation with the members of the Centennial
Commission, appoint an executive director and such other
additional personnel as may be necessary to enable the
Centennial Commission to perform its duties.
(2) Compensation.--
(A) In general.--Subject to subparagraph (B), the
Chair of the Centennial Commission may fix the
compensation of the executive director and any other
personnel appointed under paragraph (1).
(B) Limitation.--The Chair of the Centennial
Commission may not fix the compensation of the executive
director or other personnel appointed under paragraph
(1) at a rate that exceeds the rate payable for level IV
of the Executive Schedule under section 5315 of title 5,
United States Code.
(d) Detail of Government Employees.--Upon request of the Centennial
Commission, the head of any Federal department or agency may detail, on
a reimbursable basis, any employee of that department or agency to the
Centennial Commission to assist it in carrying out its duties under this
Act.
(e) Procurement of Temporary and Intermittent Services.--The Chair
of the Centennial Commission may procure temporary and intermittent
services under section 3109(b) of title 5, United States Code.
(f) Acceptance of Voluntary Services.--Notwithstanding section 1342
of title 31, United States Code, the Centennial Commission may accept
and use voluntary and uncompensated services as the Centennial
Commission deems necessary.
SEC. 7. TERMINATION OF CENTENNIAL COMMISSION.
(a) In General.--The Centennial Commission shall terminate on the
earlier of--
(1) the date that is 30 days after the date the completion
of the activities under this Act honoring the centennial
observation of the passage and ratification of the 19th
Amendment; or
(2) April 15, 2021.
(b) Application of Federal Advisory Committee Act.--
(1) In general.--Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C. App.)
shall apply to the activities of the Centennial Commission under
this Act.
(2) Exception.--Section 14(a)(2) of such Act (5 U.S.C. App.)
shall not apply to the Centennial Commission.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) In General.--There are authorized to be appropriated to carry
out this Act such sums as may be necessary for the period of fiscal
years 2017 through 2021.
(b) Amounts Available.--Amounts appropriated in accordance with this
section for any fiscal year shall remain available until the termination
of the Centennial Commission.
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