Why Should I Vote On BetterDistricts?

Polling is a powerful tool to help our elected officials determine how they should vote.

Standard polling methods don't give you the control that you deserve. With BetterDistricts you can show your representative exactly how strongly a bill is supported in your community.

Send a clear signal on how you want your government to work.

 

H.R. 244 - Consolidated Appropriations Act, 2017

Sponsor: Paul Cook (R)
Introduced: 2017-02-14
Bill Status: Passed
 

Highlights:

This bill provides FY2017 appropriations for most federal agencies for the remainder of FY2017.

It includes 11 of the 12 regular appropriations bills, excluding the Military Construction, Veterans Affairs, and Related Agencies Appropriations Act, 2017 which was signed into law on September 29, 2016.

The bill also provides additional emergency, disaster relief, and Overseas Contingency Operations/ Global War on Terrorism funding which is exempt from discretionary spending limits.

The bill includes additional provisions that:

  • reauthorize intelligence programs;
  • permanently extend health care benefits for certain retired coal miners and their families;
  • reauthorize the District of Columbia's school voucher program and other educational funding for DC;
  • extend the Temporary Assistance for Needy Families (TANF) program;
  • provide additional Medicaid funding for Puerto Rico;
  • authorize additional visas for the H-2B (temporary nonagricultural workers) and the Afghan Special Immigrant Visa programs; and
  • establish a HIRE Vets Medallion program to recognize efforts by employers to hire veterans and provide community and charitable services supporting the veteran community.

The bill exempts specified provisions from the Statutory Pay-As-You-Go Act of 2010 (PAYGO), the Senate PAYGO rule, and other budget enforcement rules.

Full Summary:

Consolidated Appropriations Act, 2017

(Sec. 3) Provides that references to "this Act" included in any division of this bill refer only to the provisions of the division unless the bill expressly provides otherwise.

(Sec. 4) Provides that the explanatory statement printed in the Congressional Record regarding this bill has the same effect as a joint explanatory statement of a committee of conference.

(Sec. 5) Provides that the sums in this bill are appropriated for FY2017.

(Sec. 6) Provides that amounts designated by this bill for Overseas Contingency Operations/ Global War on Terrorism or emergency requirements pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.

(Sec. 7) Permits the Office of Management and Budget (OMB) to make specified adjustments to discretionary spending limits to account for estimating differences with the Congressional Budget Office (CBO).

(Sec. 8) Amends the Further Continuing and Security Assistance Appropriations Act, 2017 to change the title to read "Making further continuing appropriations for the fiscal year ending September 30, 2017, and for other purposes."

Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017

DIVISION A--AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017 provides FY2017 appropriations for the Department of Agriculture (USDA), except for the Forest Service which is included in the Interior, Environment, and Related Agencies division of this bill.

It also provides appropriations for the Food and Drug Administration (FDA) and the Farm Credit Administration.

This division includes both discretionary and mandatory funding. The mandatory funding levels are generally set by authorizing legislation such as the farm bill and are frequently limited in the agriculture appropriations bill.

The division decreases discretionary funding for Agriculture, Rural Development, Food and Drug Administration, and Related Agencies below FY2016 levels.

TITLE I--AGRICULTURAL PROGRAMS

Provides appropriations for the following agricultural programs and services:

  • the Office of the Secretary;
  • Executive Operations;
  • the Office of the Chief Information Officer;
  • the Office of the Chief Financial Officer;
  • the Office of the Assistant Secretary for Civil Rights;
  • the Office of Civil Rights;
  • Agriculture Buildings and Facilities;
  • Hazardous Materials Management;
  • the Office of Inspector General;
  • the Office of the General Counsel;
  • the Office of Ethics;
  • the Office of the Under Secretary for Research, Education, and Economics;
  • the Economic Research Service;
  • the National Agricultural Statistics Service;
  • the Agricultural Research Service;
  • the National Institute of Food and Agriculture;
  • the Office of the Under Secretary for Marketing and Regulatory Programs;
  • the Animal and Plant Health Inspection Service;
  • the Agricultural Marketing Service;
  • the Grain Inspection, Packers and Stockyards Administration;
  • the Office of the Under Secretary for Food Safety;
  • the Food Safety and Inspection Service;
  • the Office of the Under Secretary for Farm and Foreign Agricultural Services;
  • the Farm Service Agency;
  • the Risk Management Agency;
  • the Federal Crop Insurance Corporation Fund; and
  • the Commodity Credit Corporation Fund.

TITLE II--CONSERVATION PROGRAMS

Provides appropriations for the Office of the Under Secretary for Natural Resources and Environment.

Provides appropriations to the Natural Resources Conservation Service for:

  • Conservation Operations,
  • Watershed and Flood Prevention Operations, and
  • the Watershed Rehabilitation Program.

TITLE III--RURAL DEVELOPMENT PROGRAMS

Provides appropriations for Rural Development Programs including:

  • the Office of the Under Secretary for Rural Development,
  • Rural Development Salaries and Expenses,
  • the Rural Housing Service,
  • the Rural Business--Cooperative Service, and
  • the Rural Utilities Service.

TITLE IV--DOMESTIC FOOD PROGRAMS

Provides appropriations for the Office of the Under Secretary for Food, Nutrition, and Consumer Services.

Provides appropriations to the Food and Nutrition Service for:

  • Child Nutrition Programs;
  • the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC);
  • the Supplemental Nutrition Assistance Program (SNAP, formerly known as food stamps);
  • the Commodity Assistance Program; and
  • Nutrition Programs Administration.

TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS

Provides appropriations for the Foreign Agricultural Service, including:

  • the Food for Peace Act (P.L. 480),
  • the McGovern-Dole International Food for Education and Child Nutrition Program, and
  • the Commodity Credit Corporation Export (loans) Credit Guarantee Program Account.

TITLE VI--RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

Provides appropriations to the Department of Health and Human Services for the Food and Drug Administration (FDA).

Provides appropriations to the Farm Credit Administration.

TITLE VII--GENERAL PROVISIONS

(Sec. 701) Permits USDA to use funds provided by this division for the purchase, replacement, and hire of passenger motor vehicles.

(Sec. 702) Permits USDA to transfer unobligated balances to the Working Capital Fund for the acquisition of plant and capital equipment for financial, administrative, and information technology services. Permits the transferred funds to remain available until expended and specifies restrictions on the use of the funds.

(Sec. 703) Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the division expressly provides otherwise.

(Sec. 704) Limits negotiated indirect costs on cooperative agreements between USDA and nonprofit institutions to 10% of the total direct cost of the agreement when the purpose of the agreement is to carry out programs of mutual interest between the two parties.

(Sec. 705) Permits appropriations for direct and guaranteed loans to remain available until expended to disburse obligations made in the current fiscal year for: (1) the Rural Development Loan Fund program account, (2) the Rural Electrification and Telecommunication Loans program account, and (3) the Rural Housing Insurance Fund program account.

(Sec. 706) Prohibits USDA from using funds provided by this division to acquire or upgrade information technology systems without approval of the Chief Information Officer (CIO) and the Executive Information Technology Investment Review Board. Restricts the transfer of funds made available by this division to the CIO without prior approval of Congress. Prohibits funds from being used for specified information technology projects without the approval of the CIO.

(Sec. 707) Permits specified FY2017 funds provided under the Federal Crop Insurance Act for agricultural management assistance to remain available until expended to disburse obligations made in the current fiscal year.

(Sec. 708) Makes a former Rural Utility Service borrower that has repaid or prepaid a loan under the Rural Electrification Act of 1936 or any not-for-profit utility qualified to receive a loan under the Act eligible for rural economic development and job creation assistance in the same manner as a borrower.

(Sec. 709) Permits specified unobligated balances of appropriations provided by this division for salaries and expenses of the Farm Service Agency and the Rural Development mission area to remain available through FY2018 for information technology expenses.

(Sec. 710) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by this division.

(Sec. 711) Provides that Commodity Credit Corporation funds authorized or required to be used for specified programs included in the Agricultural Act of 2014: (1) shall be available for salaries and administrative expenses associated with the programs without regard to allotment and transfer limits, and (2) shall not be considered to be a fund transfer or allotment for purposes of applying the limits.

(Sec. 712) Limits funds available for USDA advisory committees, panels, commissions, and task forces, except for panels used to comply with negotiated rulemaking or to evaluate competitively awarded grants.

(Sec. 713) Prohibits funds provided by this division from being used to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture (NIFA) that exceed 30% of total federal funds provided under each award.

Permits funds provided by this division for grants awarded competitively by NIFA to be used to pay full allowable indirect costs for specified research and development grants awarded under the Small Business Act.

(Sec. 714) Limits funds that may be used for the following programs:

  • the Watershed Rehabilitation Program;
  • the Environmental Quality Incentives Program;
  • the Biomass Crop Assistance Program;
  • the Biorefinery, Renewable Chemical, and Biobased Product Manufacturing Assistance Program; and
  • agricultural management assistance programs authorized by the Federal Crop Insurance Act.

(Sec. 715) Limits funds for the following domestic food assistance categories:

  • Child Nutrition Programs Entitlement Commodities,
  • State Option Contracts,
  • Removal of Defective Commodities, and
  • Administration of Section 32 Commodity Purchases.

Limits FY2017 funds for the Fresh Fruit and Vegetable Program that provides fruit and vegetables to students in participating elementary schools.

Prohibits USDA from using funds for payments authorized by Section 32 of the Agricultural Adjustment Act of 1935 to increase purchasing power of agricultural producers or for surplus removal or price support activities authorized by the Commodity Credit Corporation Charter Act.

(Section 32 is a program created to assist agricultural producers of non-price-supported commodities and is funded by a permanent appropriation of a portion of the previous year's customs receipts less certain mandatory transfers to child nutrition and other programs. This provision effectively prohibits the use of Section 32 for emergency disaster payments.)

Rescinds specified unobligated balances provided for domestic food assistance programs.

(Sec. 716) Prohibits funds from being used to prepare proposals for the President's budget that assume savings from certain user fee proposals without identifying additional spending reductions that should occur if the proposals are not enacted.

(Sec. 717) Sets forth procedures, requirements, and restrictions for reprogramming and transferring funds provided by this division.

(Sec. 718) Permits USDA to assess a one-time fee for any guaranteed business and industry loan and limits the fee to 3% of the guaranteed principal portion of the loan.

(Sec. 719) Prohibits funds from being used to provide reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to anyone not employed by USDA, the Department of Health and Human Services, or the Farm Credit Administration.

(Sec. 720) Prohibits any executive branch agency from using funds provided by this division to produce a prepackaged news story for U.S. broadcast or distribution unless it includes clear notification that it was produced or funded by the agency.

(Sec. 721) Prohibits USDA employees from being detailed or assigned from an agency funded by this division to any other USDA agency or office for more than 60 days in a fiscal year unless the individual's employing agency is reimbursed by the receiving agency for the salary and expenses of the employee.

(Sec. 722) Provides appropriations to remain available until expended for implementing non-renewable agreements for wetlands preservation on eligible lands, including flooded agricultural lands.

(Sec. 723) Directs the agencies funded by this division to submit spending plans to Congress.

(Sec. 724) Provides that funds for title II of the Food for Peace Act may only be used to assist nations if adequate monitoring and controls exist 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) Requires USDA to establish an intermediary loan packaging program based on the FY2013 pilot program for packaging and reviewing section 502 single family direct loans. (The loan program assists low-income applicants in purchasing homes in rural areas. Funds may also be used to build, repair, or renovate a house, including providing water and sewage facilities.)

(Sec. 726) Permits USDA to increase the program level by up to 25% for certain loans and loan guarantees that do not require budget authority and have program levels established by this division. Requires congressional notification prior to implementing any increase.

(Sec. 727) Provides that certain credit card refunds or rebates transferred to the Working Capital Fund: (1) shall not be available for obligation without congressional approval; and (2) shall only be available for the acquisition of plant and capital equipment for USDA financial, administrative, and information technology services.

(Sec. 728) Prohibits funds provided by this division from being used to procure processed poultry products from China for the National School Lunch Program, the Child and Adult Food Care Program, the Summer Food Service Program, or the School Breakfast Program.

(Sec. 729) Permits USDA to respond to a community with inadequate drinking water supplies due to a natural disaster by providing potable water through the Emergency Community Water Assistance Grant Program for up to 120 days beyond the time period established in the program.

(Sec. 730) Specifies the matching requirements that apply to funds appropriated for the Agriculture and Food Research Initiative.

(Sec. 731) Appropriates funds for direct reimbursement payments for geographically disadvantaged farmers or ranchers to transport agricultural commodities.

(Sec. 732) Prohibits the Food and Nutrition Service from using funds provided by this division for any new research and evaluation projects until after a research and evaluation plan is submitted to Congress.

(Sec. 733) Sets forth the authorities that apply for USDA to provide loans for housing and buildings on adequate farms.

(Sec. 734) Prohibits funds provided by this division from being used for regulations to allow or require information intended for a prescribing health care professional, in the case of a drug or biological product, to be distributed electronically (in lieu of in paper form) until a federal law is enacted to allow or require electronic distribution.

(Sec. 735) Requires any funds transferred pursuant to section 149 of the Continuing Appropriations Act, 2017 that are not necessary for the cost of direct telecommunications loans authorized by the Rural Electrification Act of 1936 to be transferred back to the accounts to which they were originally appropriated to be used for the original purpose.

(Sec. 736) Prohibits the FDA from acknowledging applications for an exemption for investigational use of a drug or biological product in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Provides that any submission is deemed not to have been received, and the exemption may not go into effect.

(Sec. 737) Prohibits funds from being used to carry out provisions of the final FDA rule entitled "Current Good Manufacturing Practice and Hazard Analysis and Risk-Based Preventive Controls for Food for Animals" with respect to certain requirements that apply to the production, distribution, sale, or receipt of dried spent grain by-products of the alcoholic beverage production process.

(Sec. 738) Requires the Animal and Plant Health Inspection Service (APHIS) to conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable:

  • veterinary control and oversight,
  • disease history and vaccination practices,
  • livestock demographics and traceability,
  • epidemiological separation from potential sources of infection,
  • surveillance practices,
  • diagnostic laboratory capabilities, and
  • emergency preparedness and response.

Requires APHIS to make reports regarding the audits publicly available.

(Sec. 739) Prohibits funds provided by this division from being used to issue or renew licenses under the Animal Welfare Act for certain dealers who sell dogs and cats for research, experiments, teaching, or testing.

(Sec. 740) Prohibits the FDA from deeming partially hydrogenated oils to be unsafe or any food containing a partially hydrogenated oil to be adulterated prior to June 18, 2018.

(Sec. 741) Permits USDA to charge a fee for lenders to access USDA loan guarantee systems in connection with participation in the loan guarantee programs of the Rural Housing Service.

(Sec. 742) Prohibits funds provided by this division from being used for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 743) Provides additional funds to APHIS to remain available until expended for fruit fly rearing facilities.

(Sec. 744) Requires a household that is certified to participate in SNAP to report when it no longer resides in the state in which it is certified.

(Sec. 745) Rescinds specified unobligated balances from the Special Supplemental Nutrition Program for Women, Infants, and Children (WIC).

(Sec. 746) Prohibits funds provided for the rural water, waste water, waste disposal, and solid waste management programs authorized by the Consolidated Farm and Rural Development Act from being used 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. Specifies exceptions and waiver procedures.

(Sec. 747) Requires USDA to permit states to grant exemptions from whole grain requirements for the National School Lunch Program and the School Breakfast Program that took effect on or after July 1, 2014.

Requires states to establish a process for responding to exemption requests, provided that school food authorities demonstrate hardship in procuring whole grain products compliant with new standards and comply with whole grain standards in effect prior to July 1, 2014.

Prohibits funds from being used to implement regulations requiring a specified reduction in sodium in federally reimbursed meals, foods, and snacks sold in schools.

Requires USDA to allow states to grant special exemptions for the service of flavored, low-fat fluid milk in the School Lunch Program and the School Breakfast Program 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) Provides additional funds for the purchase of commodities for the Emergency Food Assistance Program (TEFAP).

(Sec. 749) Permits USDA to conduct a pilot program to use specified funds from rural electrification loans made by the Federal Financing Bank that are guaranteed under the Rural Electrification Act of 1936 to be used for refinancing debt pursuant to the Act. Requires the refinancing to benefit the ratepayers of the borrower and meet other specified requirements.

(Sec. 750) Requires at least 10% of the funds provided by this division for specified Rural Development programs to be allocated for assistance in persistent poverty counties. Defines a "persistent poverty county" as county that has had at least 20% of its population living in poverty over the past 30 years, as measured by the decennial censuses.

(Sec. 751) Prohibits USDA from including incarcerated prison populations to determine eligibility or the level of program assistance for Rural Development programs.

(Sec. 752) Provides funds to the FDA to remain available until expended to prevent, prepare for, and respond to emerging health threats, including the Ebola and Zika viruses, domestically and internationally, to develop necessary medical countermeasures and vaccines, and for related administrative activities.

(Sec. 753) Provides funds for the Emergency Conservation Program for emergencies not declared as a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act.

(Sec. 754) Prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate with Congress as permitted under current law.

(Sec. 755) Provides additional funds for Food for Peace Title II Grants.

(Sec. 756) Requires the FDA to issue final regulations to revise federal drug regulations with respect to medical gases by July 15, 2017.

(Sec. 757) Provides additional funds to APHIS to remain available through FY2018 for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening.

(Sec. 758) Rescinds specified unobligated balances of funds provided to USDA for the Rural Housing and Community Development Service, the Rural Housing Service, Rural Business-Cooperative Service, and the Rural Utilities Service.

(Sec. 759) Rescinds specified unobligated balances resulting from offsetting collections for the Rural Housing and Community Development Service, the Rural Housing Service, the Rural Business-Cooperative Service, and the Rural Utilities Service.

(Sec. 760) Provides funds to the National Institute for Food and Agriculture for a pilot program to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans.

(Sec. 761) Prohibits the FDA from allowing any food that contains genetically engineered salmon until the FDA publishes final labeling guidelines for informing consumers of the content.

Requires specified FDA funds to be used to develop labeling guidelines and implement a program to disclose to consumers whether salmon offered for sale is genetically engineered.

(Sec. 762) Prohibits funds from being used to inspect horses for slaughter purposes.

(Sec. 763) Directs USDA to set aside specified additional funds for Rural Economic Area Partnership (REAP) Zones.

(Sec. 764) Appropriates funds for the pilot program to demonstrate new technologies that increase growth of re-forested hardwood trees on private nonindustrial forests lands on the coast of the Gulf of Mexico that were damaged by Hurricane Katrina in 2005.

(Sec. 765) Prohibits funds provided by this division from be used for the variety requirements of the final USDA rule entitled "Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)" until USDA amends the definition of "variety" 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.

Specifies that, until the amendments are promulgated, USDA must apply the requirements regarding acceptable varieties and breadth of stock to SNAP retailers that were in effect on the day before the enactment of the Agricultural Act of 2014.

(Sec. 766) Prohibits the FDA from using funds provided by this division to develop, issue, promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the dietary reference intake report with respect to sodium is completed.

(Sec. 767) Provides additional funds to USDA for loans and grants that are consistent with the Healthy Food Financing Initiative and that support projects to provide access to healthy food in underserved areas, create and preserve quality jobs, and revitalize low-income communities.

(Sec. 768) Provides additional funds for the 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) Provides additional funds for the Rural Energy Savings Program. (The program helps rural families and small businesses achieve cost savings by providing loans to consumers to implement durable cost-effective energy efficiency measures.)

(Sec. 770) Rescinds specified unobligated balances of FY2016 funds that were provided to the Rural Development Salaries and Expenses account for the Comprehensive Loan Accounting System. Provides an equivalent amount of additional funding to remain available through FY2018 for Information Technology modernization activities.

(Sec. 771) Requires UDA to modify the pilot program designed to preserve affordable rental housing through non-profit transfer or acquisition of Section 515 (rural rental housing) properties with expiring mortgages. Requires the program to 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 (RHS) multi-family program.

Provides appropriations for USDA to award grants to non-profit organizations and public housing authorities to provide technical assistance to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where there is a risk of loss of affordable housing.

(Sec. 772) Requires USDA to establish a pilot program to permit state Farm Service Agency offices to make county-level payments to agricultural producers under the Agriculture Risk Coverage Program using an alternate calculation method if it is necessary to ensure that there are not significant yield calculation disparities between comparable counties in the state. Specifies requirements for the alternative calculation method and provides appropriations for the program.

(Sec. 773) Prohibits funds provided by this division from being used: (1) in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes; or (2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with the Agricultural Act of 2014, within or outside the state in which it is grown or cultivated.

(Sec. 774) Specifies that, for the purposes of applying the Federal Food, Drug, and Cosmetic Act, the acceptable market name of Lithodes aequispinus is "golden king crab."

Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017

DIVISION B--COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

The Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017 provides FY2017 appropriations to the Department of Commerce, the Department of Justice, science agencies, and several related agencies.

This division funds agencies with a wide range of responsibilities for issues such as:

  • addressing violent crime, drug trafficking, financial fraud, terrorism, espionage, and cybercrime;
  • conducting the census;
  • forecasting the weather;
  • managing fisheries;
  • exploring space;
  • advancing science;
  • providing legal services for the poor;
  • enforcing employment discrimination laws; and
  • overseeing patents, trademarks, and trade policy.

The division increases FY2017 discretionary funding for Commerce, Justice, Science and Related Agencies above FY2016 levels.

Department of Commerce Appropriations Act, 2017

TITLE I--DEPARTMENT OF COMMERCE

Provides appropriations to the Department of Commerce for:

  • the International Trade Administration,
  • the Bureau of Industry and Security,
  • the Economic Development Administration,
  • the Minority Business Development Agency,
  • Economic and Statistical Analysis,
  • the Bureau of the Census,
  • the National Telecommunications and Information Administration, and
  • the U.S. Patent and Trademark Office.

Provides appropriations to the National Institute of Standards and Technology (NIST) for:

  • Scientific and Technical Research and Services,
  • Industrial Technology Services, and
  • Construction of Research Facilities.

Provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for:

  • Operations, Research, and Facilities;
  • Procurement, Acquisition, and Construction;
  • Pacific Coastal Salmon Recovery;
  • the Fishermen's Contingency Fund; and
  • the Fisheries Finance Program Account.

Provides appropriations for Departmental Management, including:

  • Salaries and Expenses,
  • Renovation and Modernization, and
  • the Office of Inspector General.

(Sec. 101) Permits funds provided by this division to be used for advanced payments (prior to the receipt of goods, services, or other assets) that are not otherwise authorized only if designated Commerce officials certify that the payments are in the public interest.

(Sec. 102) Permits funds provided by this division to be used for hiring passenger motor vehicles, employment of temporary or intermittent experts and consultants, and the purchase of uniforms.

(Sec. 103) Permits the transfer of funds between Commerce accounts, subject to specified limitations and requirements. Requires Commerce to notify Congress prior to the acquisition or disposal of any capital asset not provided for in an Act providing appropriations to Commerce.

(Sec. 104) Extends requirements for NOAA to make and report to Congress on determinations regarding the identification and management of technical, cost, and schedule risk; the reliance on demonstrated technologies; and compliance with relevant policies, prior to entering into a contract for a major program with a life cycle cost of more than $250 million.

Specifies the life cycle costs for the Joint Polar Satellite System and the Geostationary Operational Environmental Satellite R-Series Program.

(Sec. 105) Permits Commerce to: (1) furnish services to facilitate the use or occupancy of Department of Commerce buildings, and (2) credit specified reimbursements received for the services to the appropriation or fund which bears the cost of the services.

(Sec. 106) Specifies that grant recipients may continue to deter child pornography, copyright infringement, or any other unlawful activity over their networks.

(Sec. 107) Permits NOAA to use, with consent and reimbursement, resources of other federal, state, local, and international entities to carry out the responsibilities of any statute administered by NOAA.

(Sec. 108) Prohibits the National Technical Information Service from charging for copies of reports or documents generated by the legislative branch unless the service has provided information on how a copy may be obtained for free online. Requires any charge to be limited to the service's cost.

(Sec. 109) Permits Commerce to waive the requirement for bonds with respect to contracts for the construction, alteration, or repair of vessels under the Coast and Geodetic Survey Act of 1947.

(Sec. 110) Prohibits Commerce from using funds for management activities pursuant to the Fishery Management Plan for the Reef Fish Resources of the Gulf of Mexico unless the management is conducted beyond a seaward boundary that is nine nautical miles seaward from the baseline from which the territorial sea of the United States is measured.

(Sec. 111) Permits NOAA to work with federal and non-federal agencies and governments by entering into agreements; using land, services, equipment, personnel, and facilities provided by the entities; or receiving and expending funds made available on a consensual basis.

(Sec. 112) Permits the Economic and Statistics Administration, the Bureau of Economic Analysis, and the U.S. Census Bureau to use funds to enter into cooperative agreements to assist in improving statistical methodology and research.

(Sec. 113) Prohibits any person from conducting any research, exploration, salvage, or other activity that would physically alter or disturb the wreck or wreck site of the RMS Titanic unless the activity is authorized by Commerce per the provisions of the Agreement Concerning the Shipwrecked Vessel RMS Titanic.

Department of Justice Appropriations Act, 2017

TITLE II--DEPARTMENT OF JUSTICE

Provides FY2017 appropriations to the Department of Justice (DOJ).

Provides appropriations to DOJ for General Administration, including:

  • Salaries and Expenses,
  • Justice Information Sharing Technology,
  • the Executive Office for Immigration Review, and
  • the Office of Inspector General.

Provides appropriations to the U.S. Parole Commission.

Provides appropriations for Legal Activities, including:

  • General Legal Activities,
  • the Antitrust Division,
  • the U.S. Attorneys,
  • the U.S. Trustee System Fund,
  • the Foreign Claims Settlement Commission,
  • Fees and Expenses of Witnesses,
  • the Community Relations Service, and
  • the Assets Forfeiture Fund.

Provides appropriations to the U.S. Marshals Service for:

  • Salaries and Expenses,
  • Construction, and
  • Federal Prisoner Detention.

Provides appropriations to DOJ for:

  • the National Security Division;
  • Interagency Law Enforcement;
  • the Federal Bureau of Investigation (FBI);
  • the Drug Enforcement Administration (DEA);
  • the Bureau of Alcohol, Tobacco, Firearms, and Explosives (ATF); and
  • the Federal Prison System.

Provides appropriations to the Office On Violence Against Women for Violence Against Women Prevention and Prosecution Programs.

Provides appropriations to the Office of Justice Programs for:

  • Research, Evaluation, and Statistics;
  • State and Local Law Enforcement Assistance;
  • Juvenile Justice Programs; and
  • Public Safety Officer Benefits.

Provides appropriations for Community Oriented Policing Services (COPS) programs.

(Sec. 201) Provides additional funds to the Attorney General for official reception and representation expenses.

(Sec. 202) Prohibits funds provided by this title from being used 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.

(Sec. 203) Prohibits funds provided by this title from being used to require any person to perform or facilitate the performance of an abortion.

(Sec. 204) Specifies that: (1) section 203 of this division does not remove the obligation of the Bureau of Prisons to provide escort services to an inmate receiving an abortion outside of a federal facility, and (2) nothing in this section diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

(Sec. 205) Sets forth requirements and procedures for transferring and reprogramming DOJ funds provided by this division.

(Sec. 206) Prohibits the FBI or the U.S. Marshals Service from using funds provided by this title to transport prisoners classified as maximum or high security, other than to a facility certified by the Bureau of Prisons as appropriately secure.

(Sec. 207) Prohibits federal prisons from using funds provided by this division to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes. Includes exceptions for inmate training, religious, or educational programs.

(Sec. 208) Prohibits funds provided by this title from being used for a new or enhanced information technology program with estimated development costs exceeding $100 million unless the Deputy Attorney General and the Department Investment Review Board certify to Congress that the program: (1) has appropriate program management controls and contractor oversight mechanisms in place, and (2) is compatible with DOJ enterprise architecture.

(Sec. 209) Requires DOJ to follow reprogramming procedures for any deviation from the program amounts specified in this division or the explanatory statement or for any use of deobligated funds provided by this title in previous years.

(Sec. 210) Prohibits funds provided by this division from being used for a public-private competition for work performed by employees of the Bureau of Prisons or Federal Prison Industries, Incorporated.

(Sec. 211) Prohibits U.S. Attorneys from holding dual or additional responsibilities that exempt them from statutory residency requirements.

(Sec. 212) Specifies percentages of grant and reimbursement funds provided to the Office of Justice Programs that may be used for: (1) training and technical assistance; and (2) criminal justice research, evaluation and statistics.

(Sec. 213) Permits DOJ to use specified funds made available for grant and reimbursement programs for tribal criminal justice assistance without regard to the authorizations for the grant or reimbursement programs.

(Sec. 214) Permits the Attorney General to waive matching requirements for Second Chance Act adult and juvenile reentry demonstration projects; state, tribal, and local reentry courts; drug treatment programs; and grants to protect inmates and safeguard communities.

(Sec. 215) Waives the requirement that DOJ reserve certain funds provided for offender incarceration for payments for incarceration on tribal lands.

(Sec. 216) Prohibits funds provided by this division, other than funds for the National Instant Criminal Background Check System established under the Brady Handgun Violence Prevention Act, from being used to transfer an operable firearm to a known or suspected agent of a drug cartel if law enforcement personnel do not continuously monitor or control the firearm.

(Sec. 217) Establishes limitations and requirements for the obligation of specified funds from the Department of Justice Working Capital Fund and the Assets Forfeiture Fund. Requires DOJ to submit to Congress a spending plan including the planned distribution of Assets Forfeiture Fund joint law enforcement operations funding during FY2017.

(Sec. 218) Permits funds provided by this division for the Office of Justice Programs to be used to participate in Performance Partnership Pilot collaboration programs.

(Sec. 219) Permits DOJ to transfer specified unobligated balances from the Working Capital Fund to the FBI Construction account for the construction of the new FBI headquarters in the National Capital Region.

Science Appropriations Act, 2017

TITLE III--SCIENCE

Provides appropriations to the Office of Science and Technology Policy.

Provides appropriations to the National Aeronautics and Space Administration (NASA) for:

  • Science;
  • Aeronautics;
  • Space Technology;
  • Exploration;
  • Space Operations;
  • Education;
  • Safety, Security, and Mission Services;
  • Construction and Environmental Compliance and Restoration; and
  • the Office of Inspector General.

Includes administrative provisions for NASA that establish requirements and procedures for the availability of funds for an announced prize, the reprogramming and transfer of funds provided by this division, and NASA's spending plan.

Provides appropriations to the National Science Foundation (NSF) for:

  • Research and Related Activities,
  • Major Research Equipment and Facilities Construction,
  • Education and Human Resources,
  • Agency Operations and Award Management,
  • the Office of the National Science Board, and
  • the Office of Inspector General.

Establishes requirements for the transfer or reprogramming of funds provided by this division to the NSF.

TITLE IV--RELATED AGENCIES

Provides appropriations for related agencies, including:

  • the Commission on Civil Rights,
  • the Equal Employment Opportunity Commission,
  • the U.S. International Trade Commission,
  • the Legal Services Corporation,
  • the Marine Mammal Commission,
  • the Office of the U.S. Trade Representative, and
  • the State Justice Institute.

Specifies restrictions, terms, and conditions on the use of funds by the Legal Services Corporation.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Prohibits funds provided by this division from being used for publicity or propaganda purposes that are not authorized by Congress.

(Sec. 502) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year, unless expressly permitted in the division.

(Sec. 503) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or executive order.

(Sec. 504) Provides that if any provision of this division or the application of the provision is held invalid, the remainder of the division is not affected.

(Sec. 505) Establishes restrictions and requirements for the reprogramming of funds provided by this division.

(Sec. 506) Prohibits funds provided by this division from being used to award contracts or subcontracts to a person who has been found to have intentionally affixed a ''Made in America'' label to any product that was not made in America. Requires promotional items purchased using funds provided by this division to be manufactured, produced, or assembled in the United States or its territories or possessions, to the extent it is practicable.

(Sec. 507) Requires Commerce, DOJ, the NSF, and NASA to provide quarterly reports to Congress regarding the status of balances of appropriations at the account level.

(Sec. 508) Requires costs incurred by agencies for personnel actions due to funding reductions in this division to be absorbed within the budgetary resources available to the department or agency. Provides transfer authority between appropriation accounts to carry out this provision, subject to reprogramming procedures. Specifies that this section applies to Commerce actions taken for the care and protection of loan collateral or grant property.

(Sec. 509) Prohibits funds provided by this division from being used to promote the sale or export of tobacco or tobacco products or to seek the reduction or removal of foreign restrictions on the marketing of tobacco products, except for restrictions which are not applied equally to all products of the same type.

(Sec. 510) Establishes obligation limits for funds from the Crime Victims Fund.

(Sec. 511) Prohibits DOJ from using funds provided by this division to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided, or of the parents or legal guardians of the students.

(Sec. 512) Prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government, unless the transfer is pursuant to an appropriations Act.

(Sec. 513) Specifies that funds included in this this division to implement E-Government Initiatives are subject to reprogramming procedures and requirements.

(Sec. 514) Establishes timetables and procedures for specified audits by Inspectors General of the departments and agencies funded in this division.

Requires recipients of grants or contracts funded by this division to certify that no grant or contract funds will be provided to anyone with a financial interest in the recipient.

(Sec. 515) Prohibits Commerce, DOJ, NASA, or the NSF from using funds provided by this division to acquire certain information systems unless the agency has:

  • reviewed the supply chain risk for the information systems against criteria developed by NIST and the FBI,
  • reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other agencies,
  • conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of the system,
  • developed a mitigation strategy for any identified risks, and
  • determined that the acquisition is in the national interest.

(Sec. 516) Prohibits funds provided by this division from being used to support or justify the use of torture by any official or contract employee of the U.S. government.

(Sec. 517) Prohibits funds from being used to require export licenses for exporting components, parts, or attachments for certain firearms to Canada.

(Sec. 518) Prohibits funds from being used to deny certain import applications for firearms, parts, or ammunition that are curios or relics. (Curios or relics are firearms which are of special interest to collectors by reason of some quality other than is associated with firearms intended for sporting use or as offensive or defensive weapons.)

(Sec. 519) Prohibits the use of funds provided by this division to include specified patent provisions from the United States-Singapore Free Trade Agreement, the United States-Australia Free Trade Agreement, or the United States-Morocco Free Trade Agreement in any new bilateral or multilateral trade agreement.

(Sec. 520) Prohibits funds provided by this division from being used to authorize or issue a National Security Letter (NSL) in violation of specified laws authorizing the FBI to issue an NSL. (An NSL is a written directive, comparable to an administrative subpoena, used by law enforcement and intelligence agencies to demand certain information from third parties such as telecommunication providers, financial institutions, and consumer credit reporting agencies.)

(Sec. 521) Requires congressional notification regarding Commerce, DOJ, NSF, or NASA projects that total more than $75 million and are expected to have cost increases of at least 10%.

(Sec. 522) Deems funds provided by this division for intelligence or intelligence related activities as authorized by Congress during FY2017 until the enactment of the Intelligence Authorization Act for FY2017.

(Sec. 523) Prohibits contracts or grant awards above $5 million unless the prospective contractor or grantee certifies that the organization has filed all federal tax returns, has not been convicted of a criminal offense under the Internal Revenue Code, and has no unpaid federal tax assessment.

(Sec. 524) Rescinds specified unobligated balances from prior appropriations to DOJ and Commerce and requires the departments to submit reports to Congress regarding the rescissions.

(Sec. 525) Prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 526) Prohibits funds provided by this division from being used to pay for the attendance of more than 50 department or agency employees at any single conference outside the United States, unless it is a law enforcement training or operational event where the majority of federal attendees are law enforcement personnel stationed outside the United States.

(Sec. 527) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 528) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 529) Requires the Office of Management and Budget to direct departments, agencies, and instrumentalities funded by this division to track undisbursed balances in expired grant accounts and include specified details in annual performance and accountability reports.

(Sec. 530) Prohibits NASA or the Office of Science and Technology Policy (OSTP) from using funds provided by this division to: (1) engage in bilateral activities with China or a Chinese-owned company unless the activities are authorized by a law enacted after enactment of this division, or (2) host official Chinese visitors at NASA facilities. Includes an exception if NASA or OSTP have made a specified certification to Congress regarding an activity.

(Sec. 531) Prohibits funds provided this division from being used to deny or fail to act on application for the importation of any shotgun model if: (1) all other requirements of law with respect to the proposed importation are met, and (2) no application for the importation of models in the same configuration had been denied by DOJ prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

(Sec. 532) Prohibits funds provided by this division from being used for a computer network that does not block pornography, except for law enforcement purposes.

(Sec. 533) Requires specified agencies funded by this division to submit spending plans to Congress.

(Sec. 534) Prohibits the use of funds provided by this division to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.

(Sec. 535) Prohibits funds provided by this division from being used to pay award or incentive fees for contractors with performance that is below satisfactory or does not meet the basic requirements of the contract.

(Sec. 536) Requires Commerce, NASA, NSF, and the OSTP to report monthly to Congress on official travel of employees to China.

(Sec. 537) Prohibits DOJ from using funds provided by this division to prevent specified states, the District of Columbia, Guam, or Puerto Rico from implementing their own laws authorizing the use, distribution, possession, or cultivation of medical marijuana.

(Sec. 538) Prohibits DOJ or the DEA from using funds provided by this division in contravention of a provision of the Agricultural Act of 2014 that permits an institution of higher education or a state department of agriculture to grow or cultivate industrial hemp for research purposes.

(Sec. 539) Requires at least 10% of the funds provided by this division for specified programs to be allocated for assistance in persistent poverty counties. Defines a "persistent poverty county" as county that has had at least 20% 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) Provides emergency funding for repairs at NASA owned facilities that directly support NASA's mission and were damaged as a result of recent natural disasters.

(Sec. 541) Establishes an exception to the law that prohibits a person who has directly represented, aided, or advised a foreign entity in any trade negotiation, or trade dispute, with the United States from being appointed as U.S. Trade Representative or as a Deputy U.S. Trade Representative. Specifies that the exception applies only to the first person appointed as U.S. Trade Representative after the enactment of this division who served as Deputy U.S. Trade Representative prior to the enactment of the Lobbying Disclosure Act of 1995.

(Sec. 542) Provides additional appropriations to DOJ for emergency law enforcement assistance for events occurring during FY2016 and FY2017.

Department of Defense Appropriations Act, 2017

DIVISION C--DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017

The Department of Defense Appropriations Act, 2017 provides FY2017 appropriations to the Department of Defense (DOD) for military activities, including appropriations for Overseas Contingency Operations (OCO)/ Global War on Terrorism.

This division does not include funding for military construction, military family housing, civil works projects of the Army Corps of Engineers, and nuclear warheads, which are included in other divisions.

The division increases discretionary funding for DOD compared to FY2016 levels.

TITLE I--MILITARY PERSONNEL

Provides appropriations for active-duty and reserve personnel in the Army, Navy, Marine Corps, and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

TITLE II--OPERATION AND MAINTENANCE

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other DOD agencies, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for:

  • the U.S. Court of Appeals for the Armed Forces;
  • Environmental Restoration for the military departments, DOD, and at Formerly Used Defense Sites;
  • Overseas Humanitarian, Disaster, and Civic Aid; and
  • the Cooperative Threat Reduction Account.

TITLE III--PROCUREMENT

Provides appropriations for Procurement by the military departments, including:

  • Aircraft;
  • Missiles;
  • Weapons and Tracked Combat Vehicles;
  • Ammunition;
  • Spacecraft, Rockets, and Related Equipment; and
  • Shipbuilding and Conversion by the Navy.

Provides appropriations for Defense-Wide Procurement and Defense Production Act Purchases.

TITLE IV--RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) by the military departments and defense agencies.

Provides appropriations for Operational Test and Evaluation.

TITLE V--REVOLVING AND MANAGEMENT FUNDS

Provides appropriations for the Defense Working Capital Funds.

TITLE VI--OTHER DEPARTMENT OF DEFENSE PROGRAMS

Provides appropriations for other DOD programs, including:

  • the Defense Health Program,
  • Chemical Agents and Munitions Destruction,
  • Drug Interdiction and Counter-Drug Activities, and
  • the Office of the Inspector General.

TITLE VII--RELATED AGENCIES

Provides appropriations for the Central Intelligence Agency Retirement and Disability System Fund and the Intelligence Community Management Account.

TITLE VIII--GENERAL PROVISIONS

(Sec. 8001) Prohibits appropriations provided by this division from being used for publicity or propaganda purposes not authorized by Congress.

(Sec. 8002) Exempts DOD from laws prohibiting the compensation or employment of foreign nationals if specified conditions are met.

(Sec. 8003) Prohibits funding provided by this division from remaining available for obligation beyond the current fiscal year unless this division expressly provides otherwise.

(Sec. 8004) Prohibits more than 20% of the appropriations provided by this division for the current fiscal year from being obligated during the last two months of the fiscal year, with an exception for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.

(Sec. 8005) Permits specified Working Capital Funds provided by this division for military functions (except military construction) to be transferred between appropriations or funds available for the same purposes, subject to specified restrictions and the approval of the Office of Management and Budget (OMB). Requires DOD to notify Congress of all transfers made pursuant to this section.

(Sec. 8006) Requires tables included in the report accompanying this division to be treated as if they were included in the text of this division.

(Sec. 8007) Requires DOD to submit a report to Congress to establish the baseline for application of reprogramming and transfer authorities for FY2017. Prohibits funds provided by this division from being reprogrammed or transferred until the report is provided or DOD certifies to Congress that the reprogramming or transfer is necessary as an emergency requirement. Includes exceptions for: (1) the Environmental Restoration accounts, and (2) Drug Interdiction and Counter-drug activities.

(Sec. 8008) Prohibits cash balances in DOD Working Capital Funds from exceeding the level necessary for cash disbursements to be made from the funds. Sets forth requirements and limitations for transfers of balances in the funds to specified accounts.

(Sec. 8009) Prohibits the initiation of a special access program without notifying Congress in advance.

(Sec. 8010) Establishes limitations and conditions on the use of funds provided by this division to initiate or terminate certain multi-year contracts.

Permits funds provided by title III of this division to be used for a multiyear procurement contract for the AH-64E Apache Helicopter and the UH-60M Blackhawk Helicopter.

(Sec. 8011) Appropriates O&M funds for the costs of humanitarian and civic assistance provided in conjunction with military operations.

(Sec. 8012) Prohibits DOD from managing civilian personnel on the basis of any end-strength or subjecting civilian personnel to any end-strength limitations.

(Sec. 8013) Prohibits funds provided by this division from being used to support the procurement of malt beverages and wine with nonappropriated funds for resale on a military installation located in the United States unless the beverages are procured within the state in which the installation is located and specified conditions are met.

(Sec. 8014) Prohibits funds made available by this division from being used to directly or indirectly influence congressional action on legislation or appropriation matters pending before Congress.

(Sec. 8015) Prohibits compensation from being paid to any member of the Army participating as a full-time student and receiving benefits paid by the Department of Veterans Affairs from the DOD Education Benefits Fund if the time spent as a student is counted toward the member's service commitment. Applies the restriction only to active components of the Army and exempts members that have reenlisted with this option prior to October 1, 1987.

(Sec. 8016) Permits funds appropriated in title III of this division for the Department of Defense Pilot Mentor-Protege Program to be transferred to any other account to implement a developmental assistance agreement under the program.

(Sec. 8017) Prohibits DOD from purchasing certain anchor and mooring chains unless they are manufactured in the United States.

(Sec. 8018) Requires specified appropriations for the Working Capital Fund--Army account to be used to maintain competitive rates at the arsenals.

(Sec. 8019) Prohibits funds from being used to demilitarize or dispose of certain small firearms, small arms ammunition, or ammunition components that are not otherwise prohibited from commercial sale under federal law, unless the Army has certified that the small arms, ammunition, or components are unserviceable or unsafe for further use.

(Sec. 8020) Limits funding for the relocation of any DOD entity into or within the National Capital Region. Permits DOD to waive the limitation by certifying to Congress that a relocation is required in the best interest of the government.

(Sec. 8021) Provides specified funds for incentive payments for federal contracts involving contractors, subcontractors, or suppliers that are Indian organizations or Indian-owned economic enterprises.

(Sec. 8022) Prohibits funds provided by this division for the Defense Media Activity from being used for national or international political or psychological activities.

(Sec. 8023) Permits DOD to incur obligations of up to $350 million for DOD military compensation, construction projects, and supplies and services in anticipation of contributions from the government of Kuwait.

(Sec. 8024) Provides appropriations from specified accounts for the Civil Air Patrol Corporation to support operation and maintenance, procurement, readiness, counterdrug activities, and drug demand reduction activities involving youth programs.

(Sec. 8025) Prohibits funds provided by this division from being used to establish a new DOD federally-funded research and development center (FFRDC). Limits compensation for FFRDC members or consultants.

Prohibits a defense FFRDC from using FY2017 DOD funds for new building construction, cost-sharing payments for projects funded by government grants, absorption of contract overruns, or certain charitable contributions.

Limits the staff years that may be funded for FFRDCs from FY2017 funds, and requires DOD to submit a report on the allocation of staff years with the FY2018 budget request.

Reduces the total amount appropriated by this division for FFRDCs.

(Sec. 8026) Prohibits DOD from procuring carbon, alloy, or armor steel plating not melted and rolled in the United States or Canada. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security purposes.

(Sec. 8027) Specifies that "congressional defense committees" includes the Senate and House Armed Services Committees and Appropriations Subcommittees on Defense.

(Sec. 8028) Permits DOD to acquire the modification, depot maintenance, and repair of aircraft, vehicles, and vessels; and production of components through competition between DOD activities and private firms.

(Sec. 8029) Revokes blanket waivers of the Buy American Act if DOD determines that a country has violated the terms of a specified agreement by discriminating against products produced in the United States.

(Sec. 8030) Permits funds in the Department of Defense Overseas Military Facility Investment Recovery Account to remain available until expended.

(Sec. 8031) Permits the Air Force to convey to Indian tribes located in Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units currently located at Grand Forks, Malmstrom, Mountain Home, Ellsworth, and Minot Air Force Bases that are excess to the needs of the Air Force. Requires the Operation Walking Shield Program to resolve any housing unit conflicts arising among requests of Indian tribes for these conveyances.

(Sec. 8032) Permits O&M appropriations to be used to purchase items with an investment unit cost of not more than $250,000.

(Sec. 8033) Prohibits the use of funds provided by this division to disestablish, close, downgrade from host to extension center, or place on probation a Senior Reserve Officers' Training Corps program.

(Sec. 8034) Requires DOD to issue regulations to: (1) prohibit the sale of 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; and (2) require the prices in overseas military retail outlets to be within the range of prices established for military retail systems stores in the United States.

(Sec. 8035) Prohibits the use of DOD Working Capital Funds to purchase specified investment items.

(Sec. 8036) Prohibits funds provided for the Central Intelligence Agency (CIA) from remaining available for obligation beyond the current fiscal year, except for funds provided for the Reserve for Contingencies, the Working Capital Fund, or other specified programs.

(Sec. 8037) Permits funds made available by this division to the Defense Intelligence Agency to be used for the design, development, and deployment of General Defense Intelligence Program intelligence communication and intelligence information systems.

(Sec. 8038) Requires specified Operation and Maintenance--Defense-Wide funds to be used for the mitigation of environmental impacts on Indian lands resulting from DOD activities.

(Sec. 8039) Requires DOD to comply with the Buy American Act.

(Sec. 8040) Prohibits funds from being used to consolidate or relocate any element of a U.S. Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) squadron outside of the United States until the Air Force: (1) submits to Congress an analysis and comparison of the cost and investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States, and (2) certifies to Congress that the preferred site yields the greatest savings.

(Sec. 8041) Prohibits funds provided by this division from being used to: (1) establish a field operating agency, or (2) pay a member of the Armed Forces or civilian employee transferred or reassigned from a headquarters activity if the employee's place of duty remains at headquarters. Specifies exceptions and permits waivers that will reduce personnel or financial requirements of the department.

(Sec. 8042) Prohibits funds provided by this division from being used to convert a function performed by DOD civilian employees to performance by a contractor unless specific requirements are met.

(Sec. 8043) Rescinds specified funds provided by prior appropriations bills for Procurement and RDT&E.

(Sec. 8044) Prohibits funds provided by this division from being used to reduce authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve, and Air Force Reserve unless the reductions are a direct result of a reduction in military force structure.

(Sec. 8045) Prohibits funds provided by this division from being used for assistance to North Korea unless the funds are specifically appropriated for that purpose.

(Sec. 8046) Permits O&M funds provided by this division to be used to reimburse the National Guard and Reserve for providing intelligence or counterintelligence support to the combatant commands, defense agencies, and joint intelligence activities.

(Sec. 8047) Prohibits the transfer of DOD or CIA drug interdiction or counter-drug activity funds to any other department or agency except as specifically provided in an appropriations law.

(Sec. 8048) Requires ball and roller bearings purchased using funds provided by this division to be produced by a domestic source. Permits DOD to waive the prohibition if adequate domestic supplies are not available and an acquisition is necessary for national security.

(Sec. 8049) Prohibits funds provided by this division from being used to retire, divest, realign, or transfer RQ-4B Global Hawk aircraft, or to disestablish or convert units associated with the aircraft.

(Sec. 8050) Prohibits funds provided by this division from being used for Evolved Expendable Launch Vehicle (EELV) launch service competitions unless the competitions are open to all certified providers of EELV systems. Requires the award to be made to the provider that offers the best value to the government.

(Sec. 8051) Appropriates funds to DOD for grants to the United Service Organizations and the Red Cross.

(Sec. 8052) Prohibits funds provided by this division from being used to purchase any supercomputer not manufactured in the United States unless it is unavailable from U.S. manufacturers and is necessary for national security.

(Sec. 8053) Requires the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides to be taken proportionally from all programs, projects, or activities that contribute to the extramural budget.

(Sec. 8054) Prohibits funds in this division from being used for contractor bonuses being paid due to a business restructuring.

(Sec. 8055) Permits the transfer of specified O&M funds to pay military personnel for support and services for eligible organizations and activities outside DOD.

(Sec. 8056) Permits DOD to dispose of negative unliquidated or unexpended balances for expired or closed accounts by charging an obligation to a current account for the same purpose as the expired or closed account.

(Sec. 8057) Permits the National Guard to allow the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis.

(Sec. 8058) Prohibits DOD funds from being used to modify command and control relationships to give Fleet Forces Command operational and administrative control of U.S. Navy forces assigned to the Pacific fleet. Provides that command and control relationships that existed on October 1, 2004, shall remain in effect until a written modification has been proposed to congressional appropriations committees.

Specifies that the proposed modification: (1) may be implemented 30 days after the committees are notified unless an objection is received from the committees, and (2) may not preclude the ability of the commander of the U.S. Pacific Command to meet operational requirements.

(Sec. 8059) Requires specified O&M funds to be used for continued implementation and expansion of the Sexual Assault Special Victims Counsel Program.

(Sec. 8060) Prohibits the use of funds provided in title IV to procure end-items for delivery to military forces for operational training, operational use, or inventory requirements. Includes exceptions and permits a waiver for national security purposes.

(Sec. 8061) Permits DOD to waive limitations on the procurement of defense items from a foreign country if: (1) the limitations would invalidate cooperative programs or reciprocal trade agreements, and (2) the country does not discriminate against the same or similar items procured in the United States. Provides exceptions.

(Sec. 8062) Prohibits funds provided by this or other DOD appropriations bills from being used for repairs or maintenance for military family housing units.

(Sec. 8063) Permits the transfer of specified Navy O&M funds to the John C. Stennis Center for Public Service Training and Development Trust Fund.

(Sec. 8064) Requires DOD to submit a report to Congress before obligating specified RDT&E funds appropriated by this division for any new start advanced concept technology demonstration project or joint capability demonstration project. Permits DOD to waive the restriction by certifying to Congress that it is in the national interest.

(Sec. 8065) Requires DOD to continue to provide a classified quarterly report to Congress on matters specified in the classified annex accompanying this bill.

(Sec. 8066) Permits a Reserve who is a member of the National Guard serving on full-time duty to support ground-based elements of the National Ballistic Missile Defense System.

(Sec. 8067) Prohibits funds provided by this division from being used to transfer specified armor-piercing ammunition to any nongovernmental entity, except for demilitarization purposes.

(Sec. 8068) Permits the Chief of the National Guard Bureau to waive payment for the lease of personal property to certain youth, social, charitable, or fraternal nonprofit organizations.

(Sec. 8069) Permits specified O&M--Army funds to remain available until expended. Permits DOD to: (1) transfer the funds to other activities of the federal government; and (2) contract for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purpose of this section.

(Sec. 8070) Prohibits funds from being used to make specified modifications to the budget and appropriations process for the National Intelligence Program.

(Sec. 8071) Provides appropriations to remain available until expended for grants for the construction and furnishing of additional Fisher Houses to meet the needs of military family members confronted with the illness or hospitalization of an eligible military beneficiary.

(Sec. 8072) Provides specified Procurement and RDT&E funds for the Israeli Cooperative Programs for the Iron Dome defense system to counter short-range rocket threats, the Short Range Ballistic Missile Defense program, and related programs.

(Sec. 8073) Permits specified Shipbuilding and Conversion--Navy funds to remain available through FY2017 to fund prior year shipbuilding cost increases. Requires the funds to be transferred to specified accounts.

(Sec. 8074) Deems funds provided by this division for intelligence activities to be authorized by Congress during FY2017 until the enactment of the Intelligence Authorization Act for FY2017.

(Sec. 8075) Prohibits fund appropriated by this division from being used for a reprogramming of funds that creates or initiates a new program, project, or activity unless it must be undertaken immediately for national security and Congress is notified in advance.

(Sec. 8076) Requires the President's budget to include separate budget justification documents for costs of the Armed Forces' participation in contingency operations for the Military Personnel, O&M, Procurement, and RDT&E accounts.

(Sec. 8077) Prohibits funds provided by this division from being used for research, development, test, evaluation, procurement, or deployment of nuclear armed interceptors of a missile defense system.

(Sec. 8078) Reduces the total amount appropriated in this division to reflect savings due to favorable foreign exchange rates.

(Sec. 8079) Prohibits funds provided by this division from being used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve if the action would reduce the WC-130 Weather Reconnaissance mission below the levels funded in this division. Permits the Squadron to perform other missions in support of national defense requirements during the non-hurricane season.

(Sec. 8080) Prohibits funds provided by this division from being used for integrating foreign intelligence information unless the information has been lawfully collected and processed during authorized foreign intelligence activities. Requires information pertaining to U.S. persons to be handled in accordance with the Fourth Amendment of the U.S. Constitution as implemented through Executive Order No. 12333 (United States Intelligence Activities).

(Sec. 8081) Prohibits funds provided by this division from being used to transfer research and development, acquisition, or other program authority related to current tactical unmanned aerial vehicles from the Army. Requires the Army to retain responsibility for and operational control of the MQ-1C Gray Eagle Unmanned Aerial Vehicle.

(Sec. 8082) Permits specified Navy O&M funds to be used for the Asia Pacific Regional Initiative Program for enabling the Pacific Command to execute theater security cooperation activities such as humanitarian assistance and the payments of the costs of training and exercising with foreign security forces.

(Sec. 8083) Prohibits funds appropriated by this division for programs of the Office of the Director of National Intelligence (DNI) from being obligated beyond the current fiscal year except for research and technology funds, which remain available through FY2018.

(Sec. 8084) Provides for the adjustment of obligations within the Shipbuilding and Conversion--Navy appropriation.

(Sec. 8085) Requires the DNI to submit a report to Congress establishing the baseline for application of reprogramming and transfer authorities for FY2017. Prohibits funds provided by this division for the National Intelligence Program from being transferred or reprogrammed until the report is submitted unless the action is necessary for an emergency.

(Sec. 8086) Prohibits funds provided by this division from being used to eliminate, restructure, realign, or make disproportionate personnel reductions at Army Contracting Command--New Jersey sites without notifying Congress in advance.

(Sec. 8087) Rescinds specified unobligated balances from the DOD Acquisition Workforce Development Fund.

(Sec. 8088) Prohibits funds provided by this division from being used to support any military training or operation that includes child soldiers unless the assistance is permitted by the Child Soldiers Prevention Act of 2008.

(Sec. 8089) Provides specified O&M funds for the Office of Economic Adjustment to make grants, conclude cooperative agreements, and supplement other federal funds to support critical military installations and missions on Guam in addressing the need for civilian water and wastewater improvements.

(Sec. 8090) Provides specific restrictions on the reprogramming or transfer of funds provided to the National Intelligence Program.

(Sec. 8091) Directs the DNI to submit annually to Congress a future-years intelligence program reflecting estimated expenditures and proposed appropriations included in the President's budget.

(Sec. 8092) Specifies committees included in "congressional intelligence committees" for the purposes of this division.

(Sec. 8093) Permits specified O&M funds provided in title II to be transferred by the military department concerned to its central fund established for Fisher Houses and Suites.

(Sec. 8094) Permits O&M funds to be used for payments and transfers to the Defense Acquisition Workforce Development Fund.

(Sec. 8095) Requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public web site of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 8096) Prohibits the use of funds for federal contracts in excess of $1 million unless the contractor meets specific requirements regarding the resolution of claims under title VII of the Civil Rights Act of 1964 (discrimination based on race, color, religion, sex, or national origin). Allows DOD to waive the requirements to avoid harm to national security.

(Sec. 8097) Provides specified funds to be transferred to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund.

(Sec. 8098) Prohibits funds provided by this division from being used to provide certain missile defense information to the Russian Federation, subject to an exception for information regarding ballistic missile early warning.

(Sec. 8099) Permits DOD funds to be used to purchase armored vehicles for the physical security of personnel or force protection and limits the cost per vehicle.

(Sec. 8100) Permits the DNI to transfer specified funds provided by this division for the National Intelligence Program with the approval of the Office of Management and Budget, subject to certain requirements and restrictions.

(Sec. 8101) Prohibits funds from being used to transfer or release any individual detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo) who is not a U.S. citizen or member of the Armed Forces into the United States, its territories, or possessions.

(Sec. 8102) Prohibits funding from being used to construct, acquire, or modify any U.S. facility (other than the facility at Guantanamo Bay, Cuba) to house any individual detained at Guantanamo.

(Sec. 8103) Prohibits funds provided by this division from being used to transfer any individual detained at Guantanamo to a country of origin or other foreign country or entity unless DOD makes certain certifications.

(Sec. 8104) Prohibits funds from being used to violate the Wars Powers Resolution.

(Sec. 8105) Prohibits funds from being used to enter into specified agreements and transactions with Russian arms supplier Rosoboronexport. Permits DOD to waive the restriction if specific conditions are met.

(Sec. 8106) Prohibits funds provided by this division from being used for the purchase or manufacture of U.S. flags unless they are treated as covered items under Buy American requirements.

(Sec. 8107) Permits funds provided by this division to be used for payments to local military commanders for damage, personal injury, or death that is incident to combat operations in a foreign country.

(Sec. 8108) Prohibits funds made available in this division from being used to reduce strategic delivery vehicles and launchers below levels necessary to implement the New Strategic Arms Reduction Treaty (New START), as set forth in a report provided to Congress pursuant to the National Defense Authorization Act for Fiscal Year 2012.

(Sec. 8109) Requires DOD to post grant awards on a public website in a searchable format.

(Sec. 8110) Prohibits funds provided by this division from being used for the performance of a flight demonstration team at a location outside of the United States if a performance of a flight demonstration team at a location within the United States was canceled during the year due to insufficient funding.

(Sec. 8111) Prohibits the National Security Agency (NSA) from using funds provided by this division to target a U.S. person under specified authorities granted by the Foreign Intelligence Surveillance Act of 1978 (FISA).

(Sec. 8112) Prohibits funds provided by this division from being used for the Arms Trade Treaty until it is ratified by the Senate.

(Sec. 8113) Prohibits the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this division to another federal agency not financed by this division without the express authorization of Congress.

(Sec. 8114) Prohibits funds provided by this division from being used to initiate or expand support for foreign forces, irregular forces, groups, or individuals supporting U.S. Special Operations Forces activities to combat terrorism unless Congress is notified in advance in accordance with the classified annex of this division.

(Sec. 8115) Prohibits funds provided by this division from being used for activities in Iraq in contravention of the War Powers Resolution.

(Sec. 8116) Prohibits funds provided by this division from being used to divest, retire, transfer, or place in storage any A-10 aircraft, or to disestablish any units of the active or reserve components associated with the aircraft.

(Sec. 8117) Prohibits funds provided by this division for the T-AO(X) program from being used for a new contract that provides for the acquisition of certain components unless the components are manufactured in the United States. (The T-AO[X] program is an oiler shipbuilding program to build a new class of fleet oilers for the Navy. Navy fleet oilers transfer fuel to Navy surface ships that are operating at sea.)

(Sec. 8118) Reduces the funds provided by title II this division to the Working Capital Funds to reflect excess cash balances.

(Sec. 8119) Reduces the total amount appropriated by this division to reflect savings due to lower than anticipated fuel prices.

(Sec. 8120) Prohibits funds provided by this division from being used to divest or retire, or prepare to divest or retire, KC-10 aircraft.

(Sec. 8121) Prohibits funds provided by this division from being 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) Prohibits funds provided by this division from being used for Government Travel Charge Card expenses for gaming or for entertainment that includes topless or nude entertainers or participants.

(Sec. 8123) Prohibits funds provided by this division from being used for a new or additional Base Realignment and Closure (BRAC) round.

(Sec. 8124) Permits specified Navy O&M funds to be used for the National Defense Reserve Fleet and for reimbursements to the Ready Reserve Force--Maritime Administration account of the Department of Transportation for expenses related to the National Defense Reserve Fleet.

(Sec. 8125) Permits DOD to use specified funds 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. Specifies reprogramming and transfer procedures for the funds.

(Sec. 8126) Prohibits funds provided by this division for the Joint Surveillance Target Attack Radar System recapitalization program from being used for pre-milestone B activities after March 31, 2018.

(Sec. 8127) Prohibits funds provided by this division from being used to close or realign the U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 8128) Permits specified funds provided by this division to be used for activities related to the Zika virus.

(Sec. 8129) Prohibits funds provided by this division from being used for any computer network that does not block access to pornography websites, with exceptions for criminal investigations, prosecution, or adjudication activities; or for any activity necessary for the national defense, including intelligence activities.

(Sec. 8130) Terminates the Ship Modernization, Operations and Sustainment Fund and rescinds any unobligated balances.

(Sec. 8131) Prohibits funds provided by this division from being used to provide arms, training, or other assistance to the Azov Battalion.

(Sec. 8132) Specifies authorities and requirements for the transfer of funds provided by this division for the Global Engagement Center.

(Sec. 8133) Prohibits funds from being transferred from the Defense Acquisition Workforce Development Fund to the Rapid Prototyping Fund or credited to a military department-specific fund established to carry out an acquisition program under the rapid prototyping pathway.

(Sec. 8134) Requires DOD to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.

TITLE IX--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides appropriations for FY2017 for Overseas Contingency Operations (OCO)/ the Global War on Terrorism. Designates the funds provided in this title as for Overseas Contingency Operations/ Global War on Terrorism pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985. (OCO funds are exempt from discretionary spending limits and other budget enforcement rules.)

Provides appropriations for Active-Duty and Reserve Personnel in the Army, Navy, Marine Corps and Air Force (the military departments), and for National Guard personnel in the Army and Air Force.

Provides appropriations for Operation and Maintenance (O&M) for the military departments, other agencies of DOD, the Reserve Components, and the Army and Air National Guard.

Provides appropriations for the Afghanistan Security Forces Fund and the Counter-the Islamic State of Iraq and the Levant Train and Equip Fund.

Provides appropriations for Procurement by the military departments, other DOD agencies, Reserve Components, and National Guard, including for the procurement of aircraft, missiles, weapons, tracked combat vehicles, and ammunition.

Provides appropriations for Research, Development, Test, and Evaluation (RDT&E) for the military departments and other DOD agencies.

Provides appropriations for the Defense Working Capital Funds.

Provides appropriations for Other DOD Programs, including:

  • the Defense Health Program,
  • Drug Interdiction and Counter-Drug Activities,
  • the Joint Improvised Threat Defeat Fund, and
  • the Office of the Inspector General.

Sets forth permissible and prohibited uses of funds appropriated by this title.

(Sec. 9001) Provides that funds made available in this title are in addition to amounts appropriated to DOD for FY2017.

(Sec. 9002) Permits DOD to transfer specified funds between the appropriations in this title if it is in the national interest, OMB approves, and Congress is notified.

(Sec. 9003) Permits supervision, administration, and design costs for a construction project funded with O&M or the Afghanistan Security Forces Fund in direct support of overseas contingency operations in Afghanistan to be obligated when a construction contract is awarded.

(Sec. 9004) Permits DOD to use funds appropriated in this title to purchase motor vehicles for use by military and civilian DOD employees in the U.S. Central Command area of responsibility. Limits the cost of each passenger and armored vehicle.

(Sec. 9005) Permits specified Army O&M funds to be used for the Commander's Emergency Response Program for humanitarian relief and reconstruction assistance in Afghanistan.

(Sec. 9006) Permits DOD O&M funds to be used to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied forces participating in a combined operation with U.S. and coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and the Levant. Requires DOD to report quarterly to Congress regarding support provided under this section.

(Sec. 9007) Prohibits funds from being used to: (1) establish any military installation or base for providing for the permanent stationing of Armed Forces in Iraq or Afghanistan, or (2) exercise U.S. control over any oil resource of Iraq.

(Sec. 9008) Prohibits funds provided by this division from being used in contravention of specified laws or regulations implementing the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment.

(Sec. 9009) Prohibits funds provided for the Afghanistan Security Forces Fund from being obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council of DOD.

(Sec. 9010) Permits O&M funds provided in this title to be used to purchase items with an investment unit cost of up to $250,000. Permits the purchase of items with an investment cost of up to $500,000 if DOD determines that it is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas.

(Sec. 9011) Permits a limited amount of O&M funding to be used to support U.S. transition activities in Iraq by funding the Office of Security Cooperation in Iraq and security assistance teams.

(Sec. 9012) Permits specified funds provided by this division for the Defense Security Cooperation Agency and Defense-Wide Operation and Maintenance to 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) Prohibits funds provided by this division for the Counter-ISIL Train and Equip Fund from being used to procure or transfer man-portable air defense systems.

(Sec. 9014) Provides additional funding for assistance and sustainment of the military and national security forces of Ukraine.

(Sec. 9015) Permits funds provided by this title to be used for the replacement for funds for items provided to the government of Ukraine from the U.S. inventory.

(Sec. 9016) Prohibits funds provided by this division under section 9014 for Assistance and Sustainment to the Military and National Security Forces of Ukraine from being used to procure or transfer man-portable air defense systems.

(Sec. 9017) Prohibits DOD O&M funds from being used for payments to Pakistan as reimbursement for support provided to U.S. military operations unless DOD certifies to Congress that the government of Pakistan has met specific conditions. Permits DOD to waive the restriction for national security.

(Sec. 9018) Provides additional funding to DOD to improve intelligence, surveillance, and reconnaissance capabilities.

(Sec. 9019) Prohibits the use of funds for Syria in contravention of the War Powers Resolution.

(Sec. 9020) Prohibits funds appropriated by this division from being used to transfer additional C-130 cargo aircraft to the Afghan National Security Forces until DOD provides Congress with a review of the Afghanistan Air Force's requirements.

(Sec. 9021) Rescinds specified funds provided by DOD appropriations bills for: the DSCA Coalition Support Fund, the Counterterrorism Partnerships Fund, the Afghanistan Security Forces Fund, and Air Force Procurement.

(Sec. 9022) Rescinds specified funds provided by Department of Defense appropriations bills for Operation and Maintenance--Defense-Wide: Coalition Support Funds.

(Sec. 9023) Terminates the Mine Resistant Ambush Protected Vehicle Fund and rescinds any unobligated balances.

Energy and Water Development and Related Agencies Appropriations Act, 2017

DIVISION D--ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

The Energy and Water Development and Related Agencies Appropriations Act, 2017 provides FY2017 appropriations for:

  • the civil works projects of the U.S. Army Corps of Engineers;
  • the Department of the Interior's Bureau of Reclamation and Central Utah Project;
  • the Department of Energy (DOE); and
  • several independent agencies, including the Nuclear Regulatory Commission (NRC) and the Appalachian Regional Commission.

The division increases FY2017 Energy and Water Development discretionary spending above FY2016 levels.

TITLE I--CORPS OF ENGINEERS--CIVIL

Provides appropriations to the U.S. Army Corps of Engineers for authorized civil functions pertaining to rivers and harbors, flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related efforts.

Provides appropriations to the Corps of Engineers for:

  • Investigations;
  • Construction;
  • Mississippi River and Tributaries, including flood damage reduction projects in the Mississippi River alluvial valley below Cape Girardeau, Missouri;
  • Operation and Maintenance;
  • the Regulatory Program pertaining to navigable waters and wetlands;
  • the Formerly Utilized Sites Remedial Action Program for clean-up of early atomic energy program contamination;
  • Flood Control and Coastal Emergencies, including hurricanes, floods, and other natural disasters;
  • Expenses, necessary for the supervision and general administration of the civil works program; and
  • the Office of the Assistant Secretary of the Army for Civil Works.

(Sec. 101) Prohibits the reprogramming of funds provided by this title except in specified circumstances.

(Sec. 102) Requires funds provided by this division to be allocated solely in accordance with the provisions of this division and the explanatory statement, including provisions regarding the determination and designation of new starts.

(Sec. 103) Prohibits funds provided by this title from being used for a contract that commits funds beyond the amounts appropriated for that program, project, or activity that remain unobligated. Includes exception for funds made available through reprogramming.

(Sec. 104) Permits the Corps of Engineers to transfer to the U.S. Fish and Wildlife Service up to $5.4 million in Operation and Maintenance funds to mitigate for fisheries lost due to Corps of Engineers projects.

(Sec. 105) Prohibits funds provided by this division from being used for an open lake placement of dredged material originating from Lake Erie or its tributaries, unless it is approved under a state water quality certification. Requires the Corps to continue upland placement of the dredged material until an open lake placement for dredged materials is approved under a state water quality certification.

(Sec. 106) Requires acquisitions funded by this title to comply with regulations that prohibit the Department of Defense from purchasing a certain anchor and mooring chain unless it is procured from a U.S. manufacturer.

(Sec. 107) Prohibits funds provided by this division from being used for a water supply reallocation study under the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946.

(Sec. 108) Prohibits the Corps of Engineers from using funds to develop, adopt, implement, administer, or enforce any change to regulations in effect on October 1, 2012, pertaining to the definitions of "fill material" or "discharge of fill material" for the purposes of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

(Sec. 109) Prohibits funds made available by this division from being used to require a permit for the discharge of dredged or fill material under the Clean Water Act for specified agricultural activities.

TITLE II--DEPARTMENT OF THE INTERIOR

Provides appropriations to the Department of the Interior for the Central Utah Project.

Provides appropriations to the Bureau of Reclamation for:

  • Water and Related Resources,
  • the Central Valley Project Restoration Fund,
  • California Bay-Delta Restoration, and
  • Policy and Administration.

Permits appropriations to the Bureau of Reclamation to be used for purchasing replacements for up to five passenger motor vehicles.

(Sec. 201) Specifies the circumstances in which Reclamation may reprogram or transfer funds provided by this title.

(Sec. 202) Prohibits funds provided by this division from being used to determine the final point of discharge for the interceptor drain for the San Luis Unit until Interior and California develop a plan to minimize any detrimental effect of the San Luis drainage waters. Requires the plan to conform to California water quality standards as approved by the Environmental Protection Agency.

Directs Interior to classify the costs of the Kesterson Reservoir Cleanup Program and the San Joaquin Valley Drainage Program as either reimbursable or nonreimbursable and collected until fully repaid pursuant to specified alternative repayment plans.

Requires future federal obligations of funds regarding drainage service or drainage studies for the San Luis Unit to be fully reimbursable by San Luis Unit beneficiaries of the service or studies.

(Sec. 203) Extends the deadline for Reclamation to complete and submit to Congress feasibility studies for specified water storage projects in California.

TITLE III--DEPARTMENT OF ENERGY

Provides appropriations to the Department of Energy (DOE) for Energy Programs, including:

  • Energy Efficiency and Renewable Energy,
  • Electricity Delivery and Energy Reliability,
  • Nuclear Energy,
  • Fossil Energy Research and Development,
  • Naval Petroleum and Oil Shale Reserves,
  • the Strategic Petroleum Reserve,
  • the Northeast Home Heating Oil Reserve,
  • the Energy Information Administration,
  • Non-Defense Environmental Cleanup,
  • the Uranium Enrichment Decontamination and Decommissioning Fund,
  • Science,
  • the Advanced Research Projects Agency--Energy,
  • the Title 17 Innovative Technology Loan Guarantee Loan Program,
  • the Advanced Technology Vehicles Manufacturing Loan Program,
  • the Tribal Energy Loan Guarantee Program,
  • Departmental Administration, and
  • the Office of the Inspector General.

Provides appropriations for the Atomic Energy Defense Activities of the National Nuclear Security Administration (NNSA), including:

  • Weapons Activities,
  • Defense Nuclear Nonproliferation,
  • Naval Reactors, and
  • Federal Salaries and Expenses.

Provides appropriations for Environmental and Other Defense Activities, including:

  • Defense Environmental Cleanup,
  • Defense Uranium Enrichment Decontamination and Decommissioning, and
  • Other Defense Activities.

Provides appropriations for the Power Marketing Administrations, including:

  • the Bonneville Power Administration Fund;
  • Southeastern Power Administration Operation and Maintenance;
  • Southwestern Power Administration Operation and Maintenance;
  • Western Area Power Administration Operation and Maintenance, Construction, and Rehabilitation; and
  • the Falcon and Amistad Operating and Maintenance Fund.

Provides appropriations for the Federal Energy Regulatory Commission.

(Sec. 301) Prohibits funds provided by this title from be used for programs, projects, or activities that have not been funded by Congress.

Prohibits specified grants, contracts, allocations, and agreements unless Congress is notified in advance.

Prohibits funds from being used for certain multiyear Department of Energy--Energy Programs activities unless specified conditions are met and Congress is notified.

Establishes requirements and restrictions for the reprogramming of funds provided in this title.

Permits unexpended balances of prior appropriations provided for activities in this division to be transferred and merged with appropriations accounts established in this division.

(Sec. 302) Deems funds appropriated by this division for intelligence activities to be specifically authorized by Congress during FY2017 until the enactment of the Intelligence Authorization Act for FY2017.

(Sec. 303) Prohibits funds provided by this title from being used to construct specified high-hazard nuclear facilities unless independent oversight is conducted by the Office of Independent Enterprise Assessments to ensure compliance with nuclear safety requirements.

(Sec. 304) Prohibits funds provided by this title from being used to approve certain critical decisions for construction projects exceeding $100 million until a separate independent cost estimate has been developed.

(Sec. 305) Prohibits Defense Nuclear Nonproliferation funds from being used for contracts with or agreements for federal assistance to the Russian Federation. Permits DOE to waive the prohibition if the activity is in the national security interests of the United States and a report justifying the waiver is submitted to Congress.

(Sec. 306) Prohibits DOE from establishing any new regional petroleum product reserve unless funding is explicitly requested in advance and approved by Congress in an appropriations Act.

(Sec. 307) Rescinds specified unobligated balances from funds appropriated to DOE.

(Sec. 308) Rescinds unobligated balanced from DOE's Fossil Energy Research and Development account.

(Sec. 309) Permits up to $2 million of the funds provided by this title to be used for project engineering and design of the Consolidated Emergency Operations Center.

TITLE IV--INDEPENDENT AGENCIES

Provides appropriations for independent agencies, including:

  • the Appalachian Regional Commission,
  • the Defense Nuclear Facilities Safety Board,
  • the Delta Regional Authority,
  • the Denali Commission,
  • the Northern Border Regional Commission,
  • the Southeast Crescent Regional Commission,
  • the Nuclear Regulatory Commission (NRC), and
  • the Nuclear Waste Technical Review Board.

(Sec. 401) Requires the NRC to comply with specified internal procedures when responding to congressional requests for information.

(Sec. 402) Specifies the circumstances in which funds provided by this title may be reprogrammed.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Prohibits funds provided by this division from being used to influence congressional action on any legislation or appropriation matters pending before Congress.

(Sec. 502) Prohibits transfers of funds made available in title III (Department of Energy) of this division except pursuant to specified authorities for transferring funds or providing goods and services to another entity of the U.S. government. Requires agencies that utilize transfer authority to provide a semiannual report to Congress detailing the transfer authority used, including the amounts transferred and the purposes for which they were transferred.

(Sec. 503) Prohibits funds provided by this division from being used to contravene Executive Order No. 12898 of February 11, 1994 (Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations).

(Sec. 504) Prohibits the use of funds made available in this division for a computer network that does not block pornography, except for law enforcement purposes.

Financial Services and General Government Appropriations Act, 2017

DIVISION E--FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2017

The Financial Services and General Government Appropriations Act, 2017 provides FY2017 appropriations to the Department of the Treasury, the Executive Office of the President, the judiciary, the District of Columbia, and several independent agencies.

The agencies funded in this division are responsible for activities that include:

  • regulating the financial, telecommunications, and consumer products industries;
  • collecting taxes and assisting taxpayers;
  • managing federal buildings and the federal workforce; and
  • operating the Executive Office of the President, the judiciary, and the District of Columbia.

This division also reauthorizes and amends the Scholarships for Opportunity and Results Act, which authorizes education funding for the District of Columbia, including for private school vouchers, public schools, and public charter schools.

This division decreases discretionary FY2017 Financial Services and General Government funding below FY2016 levels.

Department of the Treasury Appropriations Act, 2017

TITLE I--DEPARTMENT OF THE TREASURY

Provides appropriations to the Department of the Treasury for Departmental Offices, including:

  • Salaries and Expenses,
  • the Office of Terrorism and Financial Intelligence,
  • the Cybersecurity Enhancement Account,
  • Department-Wide Systems and Capital Investments Programs,
  • the Office of Inspector General,
  • the Treasury Inspector General for Tax Administration, and
  • the Special Inspector General for the Troubled Asset Relief Program.

Provides appropriations to Treasury for:

  • the Financial Crimes Enforcement Network,
  • the Bureau of the Fiscal Service,
  • the Alcohol and Tobacco Tax and Trade Bureau,
  • the U.S. Mint, and
  • the Community Development Financial Institutions Fund Program Account.

Rescinds specified unobligated balances from the Treasury Forfeiture Fund.

Provides appropriations to the Internal Revenue Service (IRS) for:

  • Taxpayer Services,
  • Enforcement,
  • Operations Support, and
  • Business Systems Modernization.

(Sec. 101) Permits up to 5% of any IRS appropriation provided by this division to be transferred to any other IRS appropriation upon the advance approval of Congress.

(Sec. 102) Requires the IRS to maintain an employee training program that includes taxpayers' rights, dealing courteously with taxpayers, cross-cultural relations, ethics, and the impartial application of tax law.

(Sec. 103) Requires the IRS to institute and enforce policies and procedures to safeguard the confidentiality of taxpayers' information and protect taxpayers against identity theft.

(Sec. 104) Requires the IRS to: (1) use funds for improved facilities and increased staffing to provide sufficient and effective 1-800 help line service for taxpayers; and (2) continue to make improvements to the 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) Prohibits the IRS from using funds provided by this division to make a video unless it is approved in advance by the Service-Wide Video Editorial Board.

(Sec. 106) Requires the IRS to: (1) issue a notice of confirmation of any address changes relating to an employer making employment tax payments, and (2) 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) Prohibits the IRS from using funds provided by this division to target U.S. citizens for exercising any rights guaranteed under the First Amendment to the U.S. Constitution.

(Sec. 108) Prohibits the IRS from using funds provided by this division to target groups for regulatory scrutiny based on their ideological beliefs.

(Sec. 109) Requires the IRS to comply with certain procedures and policies for conference spending that were recommended by the Treasury Inspector General for Tax Administration.

(Sec. 110) Prohibits the IRS from using funds provided by this division for providing employee bonuses or hiring former employees without considering conduct and federal tax compliance.

(Sec. 111) Prohibits the IRS from using funds provided by this division to violate the confidentiality of tax returns and return information.

(Sec. 112) Prohibits the IRS from using funds, except to the extent permitted under specified sections of the Internal Revenue Code (IRC), to provide to any person a proposed final return or statement for use in satisfying a filing or reporting requirement under the IRC.

(Sec. 113) Provides additional funds to the IRS 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. Prohibits the funds from being used to support the Patient Protection and Affordable Care Act (PPACA).

(Sec. 114) Permits Treasury to use funds provided by this division for uniforms; maintenance, repairs, and cleaning; insurance for official motor vehicles operated in foreign countries; contracts with the Department of State for health and medical services to employees and their dependents serving in foreign countries; and experts or consultants.

(Sec. 115) Permits certain transfers between Treasury accounts, subject to congressional approval and specified requirements.

(Sec. 116) Permits the IRS to transfer certain funds to the Treasury Inspector General for Tax Administration, subject to congressional approval and specified requirements.

(Sec. 117) Bars Treasury or the Bureau of Engraving and Printing from using funds to redesign the $1 Federal Reserve note.

(Sec. 118) Permits Treasury to transfer funds from Bureau of Fiscal Services--Salaries and Expenses to the Debt Collection Fund to cover the costs of debt collection. Requires the transferred amounts to be reimbursed from debt collections received in the fund.

(Sec. 119) Prohibits the U.S. Mint from using funds to construct or operate any museum without congressional approval.

(Sec. 120) Prohibits the use of funds to merge the U.S. Mint and the Bureau of Engraving and Printing without congressional approval.

(Sec. 121) Deems funds provided for Treasury's intelligence-related activities as authorized for FY2017 until the enactment of the Intelligence Authorization Act for FY2017.

(Sec. 122) Permits up to $5,000 to be made available from the Bureau of Engraving and Printing's Industrial Revolving Fund for official reception and representation expenses.

(Sec. 123) Requires Treasury to submit a capital investment plan to Congress.

(Sec. 124) Requires Treasury to report to Congress on the Franchise Fund.

(Sec. 125) Requires Treasury to report to Congress on economic warfare and financial terrorism.

(Sec. 126) Prohibits Treasury from using funds for certain regulations, revenue rulings, or other guidance related to the standards used to determine the tax-exempt status of a 501(c)(4) organization.

(Sec. 127) Requires the Office of Financial Stability and the Office of Financial Research to report quarterly to Congress on their activities.

Executive Office of the President Appropriations Act, 2017

TITLE II--EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT

Provides FY2017 appropriations to the Executive Office of the President and designated accounts, including:

  • the White House,
  • the Executive Residence at the White House,
  • White House Repair and Restoration,
  • the Council of Economic Advisers,
  • the National Security Council and the Homeland Security Council,
  • the Office of Administration,
  • Presidential Transition Administrative Support,
  • the Office of Management and Budget (OMB),
  • the Office of National Drug Control Policy,
  • Unanticipated Needs,
  • Information Technology Oversight and Reform,
  • Special Assistance to the President, and
  • the Official Residence of the Vice President.

(Sec. 201) Permits certain transfers of funds between accounts within the Executive Office of the President, subject to congressional approval and specified requirements.

(Sec. 202) Requires the OMB to report to Congress on the costs of implementing the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank).

(Sec. 203) Requires the OMB to include a statement of budgetary impact with any executive order or Presidential memorandum issued or revoked by the President during FY2017.

Judiciary Appropriations Act, 2017

TITLE III--THE JUDICIARY

Provides FY2017 appropriations to the judiciary for:

  • the Supreme Court of the United States;
  • the U.S. Court of Appeals for the Federal Circuit;
  • the U.S. Court of International Trade;
  • Courts of Appeals, District Courts, and Other Judicial Services;
  • the Administrative Office of the U.S. Courts;
  • the Federal Judicial Center; and
  • the U.S. Sentencing Commission.

(Sec. 301) Permits funds provided by this title for salaries and expenses to be used for the employment of temporary or intermittent experts and consultants.

(Sec. 302) Permits certain transfers of funds between judiciary accounts, subject to congressional notification and specified requirements.

(Sec. 303) Permits up to $11,000 of appropriations provided for salaries and expenses for Courts of Appeals, District Courts, and Other Judicial Services to be used for official reception and representation expenses of the Judicial Conference of the United States.

(Sec. 304) Permits the delegation of authority to the judiciary for contracts for repairs that are under $100,000.

(Sec. 305) Continues a pilot program for the U.S. Marshals Service to provide perimeter security services at selected courthouses.

(Sec. 306) Amends the Judicial Improvements Act of 1990; the Transportation, Treasury, Housing and Urban Development, the Judiciary, the District of Columbia, and Independent Agencies Appropriations Act, 2006; and the 21st Century Department of Justice Appropriations Authorization Act to extend several temporary judgeships.

(Sec. 307) Extends for one year the authorization of several temporary bankruptcy judgeships.

District of Columbia Appropriations Act, 2017

TITLE IV--DISTRICT OF COLUMBIA

Provides FY2017 appropriations to the District of Columbia, including federal payments for:

  • Resident Tuition Support,
  • Emergency Planning and Security Costs in the District of Columbia,
  • District of Columbia Courts,
  • Defender Services in the District of Columbia Courts,
  • the Court Services and Offender Supervision Agency for the District of Columbia,
  • the District of Columbia Public Defender Service,
  • the District of Columbia Water and Sewer Authority,
  • the Criminal Justice Coordinating Council,
  • Judicial Commissions,
  • School Improvement,
  • the District of Columbia National Guard, and
  • Testing and Treatment of HIV/AIDS.

Provides local funds for the operation of the District of Columbia out of the General Fund of the District of Columbia.

TITLE V--INDEPENDENT AGENCIES

Provides appropriations for independent agencies, including:

  • the Administrative Conference of the United States,
  • the Commodity Futures Trading Commission,
  • the Consumer Product Safety Commission (CPSC),
  • the Election Assistance Commission,
  • the Federal Communications Commission (FCC),
  • the Federal Deposit Insurance Corporation,
  • the Federal Election Commission,
  • the Federal Labor Relations Authority,
  • the Federal Trade Commission (FTC),
  • the General Services Administration (GSA),
  • the Harry S Truman Scholarship Foundation,
  • the Merit Systems Protection Board,
  • the Morris K. Udall And Stewart L. Udall Foundation,
  • the National Archives and Records Administration,
  • the National Credit Union Administration,
  • the Office of Government Ethics,
  • the Office of Personnel Management (OPM),
  • the Office of Special Counsel,
  • the Postal Regulatory Commission,
  • the Privacy and Civil Liberties Oversight Board,
  • the Securities and Exchange Commission (SEC),
  • the Selective Service System,
  • the Small Business Administration (SBA),
  • the U.S. Postal Service, and
  • the U.S. Tax Court.

Requires the U.S. Postal Service to continue six day delivery and rural delivery of the mail at not less than the 1983 level.

(Sec. 501) Prohibits the CPSC from using funds provided by this division to finalize, implement, or enforce the proposed Safety Standard for Recreational Off-Highway Vehicles until the National Academy of Sciences completes a specified study and the results are submitted to Congress.

(Sec. 510) Amends the Universal Service Antideficiency Temporary Suspension Act to extend the exemption for the FCC's Universal Service Fund from provisions of the Antideficiency Act limiting the expenditure and obligation of funds by federal employees.

(Sec. 511) Prohibits the FCC from using funds provided by this division to change the rules for universal service payments to implement recommendations of the Federal-State Joint Board on Universal Service regarding single connection or primary line restrictions.

(Sec. 520) Permits the GSA to use funds to hire passenger motor vehicles.

(Sec. 521) Permits funds in the Federal Buildings Fund made available for FY2017 to be transferred between activities if necessary to meet program requirements, subject to congressional approval.

(Sec. 522) Requires the FY2018 budget request for U.S. Courthouse construction to: (1) meet specified design guide standards for construction; (2) reflect the priorities of the Judicial Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) include a standardized courtroom utilization study of each facility to be constructed, replaced, or expanded.

(Sec. 523) Prohibits funds provided by this division from being used to increase square footage, provide cleaning services or security enhancements, or provide any other service usually provided through the Federal Buildings Fund to any agency that does not pay the assessed rent.

(Sec. 524) Permits the GSA to use specified funds to pay claims against the federal government that are under $250,000 and arise from direct construction projects and building acquisitions if Congress is notified in advance.

(Sec. 525) Requires the GSA, if specified congressional committees adopt a resolution granting lease authority pursuant to a prospectus, to ensure that the delineated area of procurement matches the prospectus.

(Sec. 526) Requires the GSA to submit a spending plan and explanation to Congress for each project funded with the Major Repairs and Alterations and Judiciary Capital Security Program accounts and E-Government projects funded with the Federal Citizens Services Fund.

(Sec. 527) Rescind specified unobligated balances of funds provided to the GSA for National Capital Region-- Civilian Cyber Campus.

(Sec. 530) Permits the SBA to transfer specified funds between appropriations accounts.

(Sec. 531) Rescinds specified unobligated balances from the Certified Development Company Program.

TITLE VI--GENERAL PROVISIONS--THIS ACT

(Sec. 601) Prohibits funds provided by this division from being used to pay expenses or otherwise compensate non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.

(Sec. 602) Prohibits funds provided by this division from being obligated beyond the current fiscal year or transferred to other appropriations unless authority is expressly provided by this division.

(Sec. 603) Limits expenditures for consulting services to contracts where expenditures are a matter of public record, except where otherwise permitted under existing law or an executive order.

(Sec. 604) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government, except pursuant to transfer authority provided by an appropriations Act.

(Sec. 605) Requires enforcement of a Tariff Act of 1930 provision barring the importation of goods manufactured using convict labor.

(Sec. 606) Requires entities receiving funds provided by this division to comply with the Buy American Act.

(Sec. 607) Prohibits the use of funds provided by this division by any person or entity convicted of violating the Buy American Act.

(Sec. 608) Provides authority, restrictions, and requirements for reprogramming. Requires agencies funded in this division to submit to Congress a report establishing a baseline for the application of reprogramming and transfer authorities.

(Sec. 609) Permits up to 50% of unobligated balances remaining at the end of FY2017 for salaries and expenses to remain available through FY2018, subject to reprogramming guidelines and congressional approval.

(Sec. 610) Prohibits the Executive Office of the President from using funds provided by this division to request either a Federal Bureau of Investigation background investigation or an IRS determination of tax-exempt status under section 501(a) of the Internal Revenue Code, except with the consent of the individual involved in an investigation or in extraordinary circumstances involving national security.

(Sec. 611) Makes certain cost accounting standards inapplicable to contracts under the Federal Employees Health Benefits Program.

(Sec. 612) Permits the OPM to accept and utilize (without regard to any restriction on unanticipated travel expenses imposed in an appropriations Act) funds provided to resolve litigation and implement any settlement agreements regarding the nonforeign area cost-of-living allowance program.

(Sec. 613) Prohibits funds provided by this division from being used to pay for an abortion, or the administrative expenses in connection with any health plan under the Federal Employees Health Benefits Program that provides any benefits or coverage for abortions.

(Sec. 614) Provides exceptions to the prohibition in section 613 if 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) Waives Buy American Act restrictions for commercial information technology acquired by the federal government.

(Sec. 616) Prohibits an officer or employee of any regulatory agency or commission funded by this division from accepting payments or reimbursements for travel, subsistence, or related expenses from a person or entity regulated by the agency or commission, subject to an exception for nonprofit tax-exempt organizations.

(Sec. 617) Permits the Commodity Futures Trading Commission and the Securities and Exchange Commission to use funds for the interagency funding and sponsorship of a joint advisory committee to advise on emerging regulatory issues.

(Sec. 618) Requires agencies covered by this division to consult with the GSA before seeking new office space or making alterations to existing office space. Permits any agency with authority to enter into an emergency lease to do so during any period declared by the President to require emergency leasing authority.

(Sec. 619) Provides funds required under current law for:

  • compensation of the President;
  • payments to the Judicial Officers' Retirement Fund, the Judicial Survivors' Annuities Fund, and the U.S. Court of Federal Claims Judges' Retirement Fund;
  • payment of government contributions for health and life insurance benefits of federal retired employees;
  • payments to finance the unfunded liability of annuity benefits under the Civil Service Retirement and Disability Fund; and
  • payments of annuities authorized to be paid from the Civil Service Retirement and Disability Fund.

(Sec. 620) Permits the Public Company Accounting Oversight Board to obligate specified funds to remain available until expended for the scholarship program established by the Sarbanes-Oxley Act of 2002.

(Sec. 621) Prohibits the FTC from using funds provided by this division 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 Working Group complies with Executive Order 13563 (Improving Regulation and Regulatory Review).

(Sec. 622) Bars the use of funds provided by this division for the following positions:

  • Director, White House Office of Health Reform;
  • Assistant to the President for Energy and Climate Change;
  • Senior Advisor to the Secretary of the Treasury assigned to the Presidential Task Force on the Auto Industry and Senior Counselor for Manufacturing Policy; and
  • White House Director of Urban Affairs.

(Sec. 623) Prohibits the OPM from using funds provided by this division to permit security clearance-related background investigators to conduct final quality reviews of their own work.

(Sec. 624) Requires agencies funded by this division to ensure that the Chief Information Office of the agency has the authority to participate in budgeting decisions related to information technology. Requires funding for information technology to be allocated consistent with guidance provided by appropriations Acts, OMB, and the agency's Chief Information Officer.

(Sec. 625) Prohibits funds provided by this division from being used in contravention of the Federal Records Act.

(Sec. 626) Prohibits funds provided by this division from being used to require providers of electronic communication or remote computing services to the public to disclose electronic communications information in a manner that violates the Fourth Amendment of the U.S. Constitution.

(Sec. 627) Prohibits the FCC from making modifications to Universal Service Fund rules related to Mobility Fund Phase II.

(Sec. 628) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.

(Sec. 629) Prohibits the FCC from requiring the termination or modification of a television joint sales agreement as a condition of the transfer or assignment of a station license or the transfer of station ownership or control. Requires the FCC, upon request of the transferee or assignee of the station license, to 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 the agreement to enter into a new joint sales agreement on substantially similar terms and conditions as the prior agreement.

(Sec. 630) Requires the President's budget to include specified details regarding cybersecurity spending.

(Sec. 631) Terminates the status of the Christopher Columbus Fellowship Foundation as a federal agency within one year of enactment of this division.

(Sec. 632) Prohibits the use of funds provided by this division to maintain or establish a computer network unless the network blocks pornography. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, adjudication activities, or other law enforcement- or victim assistance-related activity.

(Sec. 633) Requires the OPM to provide comprehensive identify protection coverage for FY2016-FY2016 to individuals affected by the data breach of OPM systems. Requires the coverage to be effective for at least 10 years and include at least $5 million in identity theft insurance.

(Sec. 634) Rescinds unobligated funds from the Securities and Exchange Commission Reserve Fund established by Dodd-Frank.

(Sec. 635) Prohibits the SEC from using funds provided by this division for any rule, regulation, or order regarding the disclosure of political contributions, contributions to tax-exempt organizations, or dues paid to trade associations.

TITLE VII--GENERAL PROVISIONS--GOVERNMENT-WIDE

(Sec. 701) Requires U.S. departments, agencies, or instrumentalities to administer a written policy designed to ensure that workplaces are free from the illegal use, possession, or distribution of controlled substances by officers and employees.

(Sec. 702) Establishes price limitations on vehicles purchased by the federal government and specifies exceptions.

(Sec. 703) Permits appropriations for the current fiscal year to be used for quarters and cost-of-living allowances.

(Sec. 704) Prohibits the employment of noncitizens whose posts of duty would be in the continental United States, subject to specified exceptions.

(Sec. 705) Permits appropriations provided to any department or agency for necessary expenses such as maintenance and operating expenses to be used for payments to the GSA for space and services.

(Sec. 706) Permits agencies to use receipts from the sale of materials through recycling or waste prevention programs for: (1) acquisition, waste reduction and prevention, and recycling programs; (2) other federal agency environmental management programs; and (3) other employee programs as authorized by law or as deemed appropriate by the agency.

(Sec. 707) Permits funds provided to certain corporations and agencies for administrative expenses to be used to pay rent and other service costs in the District of Columbia.

(Sec. 708) Prohibits interagency financing of boards (except Federal Executive Boards), commissions, councils, committees, or similar groups absent prior statutory approval.

(Sec. 709) Prohibits funds from being used to implement, administer, or enforce any regulation which has been disapproved pursuant to a joint resolution.

(Sec. 710) Prohibits spending more than $5,000 to redecorate or furnish the office of the head of a department or agency during the period in which the official holds office unless Congress is notified in advance.

(Sec. 711) Permits interagency funding of national security and emergency preparedness telecommunications initiatives which benefit multiple federal departments, agencies, or entities.

(Sec. 712) Requires agencies to certify that certain appointments were not created solely or primarily to detail an individual to the White House. Includes an exception for federal employees or members of the Armed Forces detailed to or from an element of the intelligence community.

(Sec. 713) Prohibits the use of funds to prevent federal employees from communicating with Congress or to take disciplinary or personnel actions against employees for communicating with Congress.

(Sec. 714) Prohibits funds from being used for training that is not directly related to the performance of official duties.

(Sec. 715) Prohibits an agency of the executive branch from using funds for publicity or propaganda purposes and for the preparation or distribution of materials designed to support or defeat legislation pending before Congress.

(Sec. 716) Prohibits an agency from providing a federal employee's home address to any labor organization absent employee authorization or a court order.

(Sec. 717) Prohibits funds from being used to provide any non-public information such as mailing, telephone, or electronic mailing lists to any person or organization outside the federal government without approval of Congress.

(Sec. 718) Prohibits funds from being used for propaganda and publicity purposes within the United States not authorized by Congress.

(Sec. 719) Directs agency employees to use official time in an honest effort to perform official duties. Specifies that employees not under a leave system are obligated to expend an honest effort and a reasonable proportion of their time to perform official duties.

(Sec. 720) Permits agencies that are members of the Federal Accounting Standards Advisory Board (FASB) to use funds provided for the current fiscal year to finance an appropriate share of FASB administrative costs.

(Sec. 721) Permits agencies to transfer funds to the GSA to support specified government-wide and multiagency activities that meet certain requirements and are approved by the OMB.

(Sec. 722) Permits breastfeeding at any location in a federal building or on federal property if the woman and child are authorized to be there.

(Sec. 723) Permits interagency funding of the National Science and Technology Council and requires the OMB to provide a report describing the budget and resources connected with the council.

(Sec. 724) Requires documents involving the distribution of federal funds to indicate the agency providing the funds and the amount provided.

(Sec. 725) Prohibits the use of funds to monitor personal information relating to the use of federal Internet sites, subject to specified exceptions.

(Sec. 726) Prohibits the use of funds provided by this division for health plans with prescription drug coverage unless contraceptive coverage is included. Includes exemptions for certain religious plans. Prohibits plans from discriminating against individuals who refuse to provide contraceptives due to religious beliefs or moral convictions.

(Sec. 727) Specifies that 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 sports through testing, adjudication, education, and research.

(Sec. 728) Permits federal agencies and departments to use funds appropriated for official travel to participate in the fractional aircraft ownership pilot program, if consistent with OMB Circular A-126 regarding official travel for government personnel.

(Sec. 729) Prohibits funds from being used to implement OPM regulations limiting executive branch detailees to the legislative branch or to implement limitations on the Coast Guard Congressional Fellowship Program.

(Sec. 730) Prohibits agencies from using funds for additional law enforcement training facilities that are not within or contiguous to existing locations without the approval of Congress. Permits the Federal Law Enforcement Training Center to obtain the temporary use of additional facilities for training which cannot be accommodated in existing facilities.

(Sec. 731) Prohibits agencies from using funds to produce any prepackaged news story intended for broadcast or distribution in the United States, unless the story includes a notification that it was prepared or funded by the agency.

(Sec. 732) Prohibits the use of funds in contravention of the Privacy Act or associated regulations.

(Sec. 733) Prohibits the use of funds for contracts with any foreign incorporated entity which is an inverted domestic corporation. Requires a waiver if necessary for national security. Exempts contracts entered into prior to enactment of this division.

(Sec. 734) Requires agencies to pay a fee to the OPM for processing retirements of employees who separate under Voluntary Early Retirement Authority or receive Voluntary Separation Incentive Payments.

(Sec. 735) Bars the use of funds to recommend or require any entity submitting an offer for a federal contract to disclose specified political contributions as a condition of submitting the offer.

(Sec. 736) Bars the use of funds for portraits of a federal officer or employee, including the President, the Vice President, a Member of Congress, or the head of an executive branch agency or legislative branch office.

(Sec. 737) Limits pay increases for certain categories of prevailing rate employees.

(Sec. 738) Eliminates automatic pay increases for the Vice President and certain categories of political appointees.

(Sec. 739) Requires agencies to submit annual reports to Inspectors General or senior ethics officials regarding the costs and contracting procedures for conferences that cost more than $100,000.

(Sec. 740) Prohibits the use of funds to increase, eliminate, or reduce funding for a program, project, or activity, unless the changes have been enacted into law or made using transfer or reprogramming authority provided in an appropriations Act.

(Sec. 741) Prohibits funds from being used for an OPM rule revising the definition of competitive area used in reductions-in-force for federal employees.

(Sec. 742) Prohibits funds from being used to begin or announce a study or public-private competition regarding the conversion of functions performed by federal employees to contractor performance.

(Sec. 743) Prohibits funds from being used to require contractors or employees to sign confidentiality agreements or statements restricting or prohibiting the reporting of waste, fraud, or abuse to investigative or law enforcement representatives.

(Sec. 744) Prohibits the use of funds to implement or enforce a nondisclosure agreement unless it meets specified criteria.

(Sec. 745) Prohibits the use of funds for specified transactions with any corporation with certain unpaid federal tax liabilities, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 746) Prohibits the use of funds for specified transactions with any corporation that was convicted of a felony within the preceding 24 months, unless an agency has considered suspension or debarment of the corporation and decided that further action is not necessary to protect the interests of the government.

(Sec. 747) Requires the CFPB to notify Congress of any request for a transfer of funds from the Board of Governors of the Federal Reserve System.

(Sec. 748) Prohibits funds provided by this division from being used for Executive Order 13690, entitled "Establishing a Federal Flood Risk Management Standard and a Process for Further Soliciting and Considering Stakeholder Input," unless specified requirements and conditions for the implementation of the executive order are satisfied.

(Sec. 749) Provides that references to "this Act" shall not apply to titles IV (District of Columbia) or VIII (General Provisions--District of Columbia) unless it is included in those titles or expressly provided for in this division.

TITLE VIII--GENERAL PROVISIONS--DISTRICT OF COLUMBIA

Sets forth permitted, restricted, and prohibited uses of funds appropriated by this division for the District of Columbia.

(Sec. 801) Appropriates District of Columbia funds for making refunds and paying settlements or judgments against the District of Columbia government.

(Sec. 802) Prohibits the use of federal funds provided by this division 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) Establishes reprogramming procedures for federal and local funds.

(Sec. 804) Prohibits the use of federal funds for the salaries and expenses of shadow U.S. Representatives or Senators.

(Sec. 805) Requires official vehicles provided to any officer or employee of the District of Columbia to be used only for official duties.

(Sec. 806) Prohibits the use of federal funds for a petition drive or civil action seeking voting representation in Congress for the District of Columbia.

(Sec. 807) Bars the use of federal funds provided by this division to distribute needles or syringes for preventing the spread of blood borne pathogens in any location that local public health or law enforcement authorities have determined to be inappropriate for distribution.

(Sec. 808) Specifies that nothing in this division prevents the Council or the Mayor from addressing contraceptive coverage by health insurance plans. Expresses the intent of Congress that legislation enacted on the issue should include a conscience clause providing exceptions for religious beliefs and moral convictions.

(Sec. 809) Prohibits the use of federal funds provided by this division to legalize or otherwise reduce penalties for the possession, use, or distribution of any schedule I substance under the Controlled Substances Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana).

Prohibits the use of funds available for any officer or employee of the District of Columbia from being used to legalize or reduce penalties for possession, use, or distribution of any schedule I substance under the Controlled Substance Act or any tetrahydrocannabinols derivative (THC, the psychoactive component of marijuana) for recreational purposes.

(Sec. 810) Prohibits funds available to any officer or employee of the District of Columbia government from being used 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 rape or incest.

(Sec. 811) Requires the Chief Financial Officer (CFO) of the District of Columbia to submit to Congress, the Mayor, and the Council a revised operating budget for agencies requiring a reallocation to address unanticipated changes in program requirements.

(Sec. 812) Requires the CFO of the District of Columbia to submit to Congress, the Mayor, and the Council a revised operating budget for the District of Columbia Public Schools that aligns the school budget to actual enrollment.

(Sec. 813) Permits the District of Columbia to reprogram or transfer funds between operating funds and capital and enterprise funds. Prohibits the transfer of any funds derived from bonds, notes, or other obligations issued for capital projects.

(Sec. 814) Prohibits federal funds from being obligated beyond the current fiscal year or transferred unless expressly permitted in this division.

(Sec. 815) Permits up to 50% of unobligated balances available at the end of FY2017 from federal appropriations for salaries and expenses to remain available through FY2018, subject to congressional approval and reprogramming guidelines.

(Sec. 816) Appropriates local funds to the District of Columbia for FY2018 if no continuing resolution or regular appropriation for the District of Columbia is in effect. Provides the funds under the same authorities, conditions, and manner as provided for FY2017.

(Sec. 817) Provides that references to "this Act" in this title or title IV (District of Columbia) refer only to those titles, unless this Act expressly provides otherwise.

Scholarships for Opportunity and Results Reauthorization Act or the SOAR Reauthorization Act

TITLE IX--SOAR REAUTHORIZATION

Reauthorizes and amends the Scholarships for Opportunity and Results Act, which authorizes education funding for the District of Columbia, including for private school vouchers, public schools, and public charter schools.

(Sec. 902) Repeals the D.C. Opportunity Scholarship Program School Certification Requirements Act, as contained in the Consolidated Appropriations Act, 2016.

(Sec. 903) Amends the Scholarships for Opportunity and Results Act (SOAR) to specify that the purpose is to provide educational opportunities to students in the lowest-performing Washington, DC, elementary and secondary schools.

(Sec. 904) Specifies that the Department of Education (ED) may not limit the number of eligible students receiving Opportunity Scholarship Program (OSP) scholarships, or prevent otherwise eligible students from participating in the OSP because of:

  • the type of school the student previously attended;
  • whether or not the individual previously received the scholarship or participated in OSP, including one previously awarded a scholarship who did not use it; or
  • whether or not the student was a member of the control group used by the Institute of Education Sciences to carry out previous OSP evaluations.

(Sec. 905) Prohibits a participating school from being required to submit to more than one site visit per school year.

Requires an eligible nonprofit organization's application for an OSP grant to include a detailed description of how it will ensure:

  • the financial viability of participating schools in which 85% or more of enrolled students receive and use an opportunity scholarship, and
  • the utilization of internal fiscal and quality controls and compliance with financial reporting requirements.

(Sec. 906) Modifies the priorities for scholarships to give priority to:

  • students who in the preceding school year attended an elementary school or secondary school identified as one of the lowest-performing schools under the District of Columbia's accountability system, and
  • certain students regardless of whether they have attended a private school in the past.

(Sec. 907) Requires OSP-participating schools to:

  • ensure that participating students are taught core subject matter by a teacher with a baccalaureate or equivalent degree,
  • conduct criminal background checks on school employees who have direct and unsupervised interactions with students, and
  • comply with all requests for data and information regarding certain reporting requirements.

Requires participating private schools to be provisionally or fully accredited or in the process of seeking accreditation.

Specifies that students who were previously awarded an opportunity scholarship in any previous year are to be treated as renewal students and not new applicants.

Authorizes appropriations to carry out administrative functions and to provide parental education and assistance.

(Sec. 908) Revises current OSP evaluation procedures. Requires DC and ED to:

  • jointly enter into an agreement with the Institute of Education Sciences (IES) within ED to annually evaluate the OSP,
  • jointly agree to monitor and evaluate D.C. public schools and public charter schools' use of funds, and
  • make the evaluations public.

Requires ED to: (1) ensure that the annual OSP evaluation uses a quasi-experimental research design that does not require a control group that would prohibit eligible students from entering the OSP, and (2) disseminate information on the impact of the program.

Requires the IES to:

  • assess participating students in grades 3-8 and one grade in high school,
  • measure the academic achievement of all participating eligible students who use an opportunity scholarship in the specified grade years, and
  • work with eligible entities receiving grants to ensure that the parents of each student agrees to permit their child to participate in the evaluations and assessments carried out by the IES.

Requires the following issues be evaluated by IES:

  • a comparison of academic achievement of OSP participating students with similar backgrounds in DC public schools;
  • the success of expanding choice options for parents and increasing satisfaction of parents and students with their choice;
  • reasons for participating in the program;
  • a comparison of retention, graduation, college admission, college persistence, and college graduation rates of OSP participating students with those in the D.C. public school comparison group;
  • school safety;
  • an assessment of student achievement at OSP participating schools with 85% or greater enrollment of OSP participating students; and
  • other issues ED deems appropriate. Specifies requirements for protecting the personally identifiable information of students.

(Sec. 909) Permits ED to withhold funds from DC if it fails to comply with any of the requirements, reasonable notice is given, and an opportunity for a hearing is provided.

Permits ED to direct funds to the Office of the State Superintendent of Education of the District of Columbia (OSSE). Permits the OSSE to transfer funds to subgrantees that are DC public charter schools, public charter school networks, nonprofits that support DC public charter schools, or networks of schools. Requires DC to make all necessary DC public and public charter school information available to IES for the purposes of the evaluation.

(Sec. 910) Requires ED and DC to revise their memorandum of understanding to reflect the amendments within this division, the need to ensure that participating schools meet fire code standards and maintain certificates of occupancy, and to ensure that DC public and public charter schools meet the requirements to provide information necessary to carry out evaluations.

(Sec. 911) Defines ''core subject matter'' and redesignates certain paragraphs.

(Sec. 912) Reauthorizes the OSP through FY2019.

(Sec. 913) Specifies that the amendments in this title apply for the 2018-2019 school year and each succeeding school year.

Department of Homeland Security Appropriations Act, 2017

DIVISION F--DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2017

The Department of Homeland Security Appropriations Act, 2017 provides FY2017 appropriations for the Department of Homeland Security (DHS), including:

  • U.S. Customs and Border Protection,
  • the U.S. Coast Guard,
  • U.S. Immigration and Customs Enforcement,
  • the Transportation Security Administration,
  • the Federal Emergency Management Agency,
  • the U.S. Secret Service, and
  • other DHS programs.

The division increases FY2017 discretionary funding for DHS compared to the FY2016 funding level.

TITLE I--DEPARTMENTAL MANAGEMENT, OPERATIONS, INTELLIGENCE, AND OVERSIGHT

Provides appropriations for:

  • the Office of the Secretary and Executive Management;
  • the Management Directorate,
  • Intelligence, Analysis, and Operations Coordination; and
  • the Office of Inspector General.

(Sec. 101) Requires DHS to submit the Future Years Homeland Security Program with the President's FY2018 budget.

(Sec. 102) Requires the DHS Chief Financial Officer to submit monthly budget execution and staffing reports to Congress.

(Sec. 103) Requires the Secretary of Homeland Security to submit a report to the DHS Office of Inspector General (OIG) listing all grants and contracts awarded during FY2016 and FY2017 without a full and open competition. Requires the OIG to review the report for compliance with laws and regulations and submit the results to Congress.

(Sec. 104) Requires DHS to link all contracts that provide award fees to successful acquisition outcomes specified in terms of cost, schedule, and performance.

(Sec. 105) Requires DHS to notify Congress of proposed transfers from the Department of the Treasury Forfeiture Fund to any DHS agency, and prohibits obligation of the funds until Congress approves the transfer.

(Sec. 106) Requires all official costs associated with the use of government aircraft by DHS to support official travel of the Secretary and the Deputy Secretary to be paid from amounts made available for the Office of the Secretary.

(Sec. 107) Requires DHS to: (1) submit to Congress a report on visa overstay data by country, and (2) publish on the DHS website the metrics developed to measure the effectiveness of security between the ports of entry, including the methodology and data supporting the measures.

(Sec. 108) Requires DHS to certify to Congress whether U.S. Immigration and Customs Enforcement (ICE) is administering and executing its Enforcement and Removal Operations activities consistent with available budget authority provided by law.

TITLE II--SECURITY, ENFORCEMENT, AND INVESTIGATIONS

Provides appropriations to U.S. Customs and Border Protection (CBP) for: (1) Operations and Support; (2) and Procurement, Construction, and Improvements.

Provides appropriations to ICE for: (1) Operations and Support; (2) and Procurement, Construction, and Improvements.

Provides appropriations to the Transportation Security Administration (TSA) for: (1) Operations and Support; and (2) Procurement, Construction, and Improvements.

Provides appropriations to the U.S. Coast Guard for:

  • Operating Expenses;
  • Environmental Compliance and Restoration;
  • Reserve Training;
  • Acquisition, Construction, and Improvements;
  • Research, Development, Test, and Evaluation; and
  • Retired Pay.

Provides appropriations to the U.S. Secret Service for:

  • Operations and Support;
  • Procurement, Construction, and Improvements; and
  • Research and Development.

(Sec. 201) Limits overtime compensation for employees of CBP, ICE, and the U.S. Secret Service except in individual cases that DHS determines to be necessary for national security purposes, to prevent excessive costs, or in cases of immigration emergencies.

(Sec. 202) Permits specified CBP funds to be used for customs expenses when necessary to maintain operations and prevent adverse personnel actions in Puerto Rico.

(Sec. 203) Prohibits the transfer of aircraft and related equipment from CBP to any other federal agency, department, or office outside of DHS unless Congress is notified in advance. Includes exceptions for: (1) aircraft that are one of a kind and have been identified as excess to CBP requirements, and (2) aircraft that have been damaged beyond repair.

(Sec. 204) Provides that specified fees collected from passengers arriving from Canada, Mexico, or an adjacent island, pursuant to the United States-Colombia Trade Promotion Agreement Implementation Act and the Consolidated Omnibus Budget Reconciliation Act of 1985, shall be available until expended.

(Sec. 205) Permits the CBP to access certain reimbursements for preclearance activities.

(Sec. 206) Prohibits the CBP from using funds provided by this division to prevent individuals from importing personal use quantities of certain prescription drugs from Canada.

(Sec. 207) Prohibits funds from being used to waive navigation and vessel inspection laws for the transportation of crude oil distributed from the Strategic Petroleum Reserve until DHS takes adequate measures to ensure the use of U.S. flag vessels.

(Sec. 208) Prohibits DHS from collecting new border crossing fees or conducting a study related to the imposition of a border crossing fee.

(Sec. 209) Permits DHS to reprogram and transfer funds within and into the ICE Operations and Support account as necessary to ensure the detention of aliens prioritized for removal.

(Sec. 210) Prohibits funds provided for the ICE Operations and Support account from being used to continue a delegation of law enforcement authority authorized under specified provisions of the Immigration and Nationality Act if the DHS Inspector General determines that the terms of the agreement governing the delegation of authority have been materially violated.

(Sec. 211) Prohibits ICE Operations and Support funds from being used to continue any contract for the provision of detention services if the two most recent overall performance evaluations received by the facility are less than "adequate" or the equivalent median score in any subsequent performance evaluation system.

(Sec. 212) Requires ICE to submit to Congress a comprehensive plan for immigration data improvement, including an action plan, a staffing plan, and a funding estimate.

(Sec. 213) Prohibits the TSA from exempting Members of Congress and specified federal officials from federal passenger and baggage screening.

(Sec. 214) Requires any award by the TSA to deploy explosives detection systems to 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) Permits the TSA to use funds from the Aviation Security Capital Fund for the procurement and installation of explosives detection systems or for the issuance of other transaction agreements to fund certain airport security improvement projects authorized under current law.

(Sec. 216) Requires the TSA to submit reports to Congress on: (1) efforts to develop more advanced passenger screening technologies and deploy the existing passenger and baggage screener workforce in the most cost effective manner, and (2) labor savings from the deployment of improved technologies for passenger and baggage screening.

(Sec. 217) Prohibits the TSA from using funds to require airport operators to provide airport-financed staffing to monitor exit points from the sterile area of any airport at which the TSA provided monitoring as of December 1, 2013.

(Sec. 218) Prohibits funds provided by this division for Coast Guard Operating Expenses from being used for recreational vessel expenses, except to the extent fees are collected from owners of yachts and credited to the account.

(Sec. 219) Permits specified funds to be reprogrammed to or from the Military Pay and Allowances funding category within the Coast Guard Operating Expenses account.

(Sec. 220) Prohibits funds provided by this division from being used to reduce the U.S. Coast Guard's Operating Systems Center mission or the Coast Guard's government-employed or contract staff levels.

(Sec. 221) Prohibits funds provided by this division from being used to conduct or implement the results of a competition with respect to the Coast Guard National Vessel Documentation Center, pursuant to Office of Management and Budget Circular A-76.

(Sec. 222) Permits funds provided by this division to be used to alter operations within the Coast Guard's Civil Engineering Program, except that no funds may be used to reduce operations within any Civil Engineering Unit unless specifically authorized by a statute enacted after this division is enacted.

(Sec. 223) Permits funds provided for Overseas Contingency Operations/ Global War on Terrorism to be allocated by program, project, and activity, notwithstanding the reprogramming and transfer requirements included in section 503 of this division.

(Sec. 224) Permits the U.S. Secret Service to obligate funds in anticipation of reimbursement for personnel receiving training sponsored by the James J. Rowley Training Center, except that total obligations at the end of the fiscal year may not exceed budgetary resources available for the Operations and Support account.

(Sec. 225) Prohibits the U.S. Secret Service from using funds for the protection of the head of a federal agency other than the Secretary of Homeland Security, except where it has entered into an agreement to provide the protection on a fully reimbursable basis.

(Sec. 226) Prohibits the U.S. Secret Service from using funds for opening a new permanent domestic or overseas office or location unless Congress is notified in advance.

(Sec. 227) Permits the U.S. Secret Service to reprogram specified funds within the Operations and Support account.

(Sec. 228) Permits funds provided to the U.S. Secret Service for Operations and Support to be used for travel of employees on protective missions without regard to limitations on the expenditures if Congress is notified in advance.

TITLE III--PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY

Provides appropriations to the National Protection and Programs Directorate for:

  • Operations and Support;
  • the Federal Protective Service.
  • Procurement, Construction, and Improvements; and
  • Research and Development.

Provides appropriations to the Office of Health Affairs.

Provides appropriations to the Federal Emergency Management Agency (FEMA) for:

  • Operations and Support;
  • Procurement, Construction, and Improvements;
  • Federal Assistance;
  • the Disaster Relief Fund; and
  • the National Flood Insurance Fund.

(Sec. 301) Requires DHS to brief Congress on specified plans for modernizing the biometric identity management system.

(Sec. 302) Requires the Chief Medical Officer to report to Congress on bioterrorism detection capabilities.

(Sec. 303) Limits expenses for the administration of FEMA grants.

(Sec. 304) Specifies time frames for FEMA grant applications and awards.

(Sec. 305) Requires FEMA to brief Congress in advance of announcing certain grants and awards.

(Sec. 306) Specifies that, for the purpose of certain FEMA grants, the installation of communications towers is not considered construction of a building or other physical facility.

(Sec. 307) Permits FEMA to use specified funds to acquire real property for the purpose of establishing or appropriately extending the security buffer zones around FEMA training facilities.

(Sec. 308) Permits certain grants awarded to states to be used to: (1) provide humanitarian relief to unaccompanied alien children and alien adults accompanied by an alien minor where they are encountered after entering the United States, and (2) for public safety in support of a state declaration of emergency.

(Sec. 309) Requires FEMA to submit monthly reports regarding the Disaster Relief Fund.

(Sec. 310) Requires FEMA to transfer specified funds from the Disaster Assistance Direct Loan Program to the Disaster Relief Fund.

(Sec. 311) Permits FEMA to allow the construction of an earthen levee by a state, local, or tribal government on covered hazard mitigation land if the construction: (1) constitutes part of a flood control project, (2) is constructed of naturally-occurring materials, and (3) conforms to other criteria established by FEMA.

(Sec. 312) Provides for the receipt and expenditure of fees collected for the Radiological Emergency Preparedness Program.

TITLE IV--RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES

Provides appropriations for U.S. Citizenship and Immigration Services (USCIS) for: (1) Operations and Support; and (2) Procurement, Construction, and Improvements.

Provides appropriations to the Federal Law Enforcement Training Center (FLETC) for Operations and Support.

Provides appropriations for the Science and Technology Directorate for: (1) Operations and Support, and (2) Research and Development.

Provides appropriations for the Domestic Nuclear Detection Office for:

  • Operations and Support;
  • Procurement, Construction, and Improvements;
  • Research and Development; and
  • Federal Assistance.

(Sec. 401) Permits the USCIS to: (1) acquire, operate, equip, and dispose of up to five vehicles, for replacement only, for areas where the General Services Administration does not provide vehicles for lease; and (2) authorize employees who are assigned to those areas to use the vehicles to travel between their residences and places of employment.

(Sec. 402) Prohibits the USCIS from using funds provided by this division to grant an immigration benefit to an individual unless required background checks have been completed, received by the USCIS, and the results do not preclude the granting of the benefit.

(Sec. 403) Prohibits funds provided by this division from being used for a competition for services provided by USCIS employees known as Immigration Information Officers, Immigration Service Analysts, Contact Representatives, Investigative Assistants, or Immigration Services Officers.

(Sec. 404) Permits the USCIS to allocate specified funds from the Immigration Examinations Fee Account in FY2017 for an immigration integration grants program to provide services to individuals that have been lawfully admitted to the United States for permanent residence. Permits the USCIS to solicit, accept, administer and utilize gifts, including donations of property, for the purpose of providing an immigrant integration grants program and related activities to promote citizenship and immigrant integration.

(Sec. 405) Permits the Federal Law Enforcement Training Centers (FLETCs) to distribute funds to federal law enforcement agencies for expenses incurred participating in training accreditation.

(Sec. 406) Requires the Director of FLETCs to ensure that FLETC training facilities are operated at the highest capacity throughout the fiscal year.

(Sec. 407) Directs the Federal Law Enforcement Training Accreditation Board to lead the federal law enforcement training accreditation process to measure and assess federal law enforcement training programs, facilities, and instructors.

(Sec. 408) Establishes a FLETC Procurement, Construction, and Improvements 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 FLETC. Permits the acceptance of transfers and reimbursements from government agencies into the account.

(Sec. 409) Classifies the functions of the FLETC instructor staff as inherently governmental (rather than commercial, which would require source competition) for the purposes of the Federal Activities Inventory Reform Act of 1998.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Prohibits appropriations provided by this division from remaining available for obligation beyond the current fiscal year unless the authority is expressly provided by this division.

(Sec. 502) Permits unexpended balances of prior appropriations to be transferred and merged to new accounts and used for the same purpose, subject to reprogramming guidelines.

(Sec. 503) Sets forth restrictions, guidelines, and requirements for the reprogramming and transfer of funds provided by this division.

(Sec. 504) Extends the authority for the DHS Working Capital Fund (WCF) and prohibits DHS from using funds to make payments to the WCF, except for activities and amounts allowed in the President's FY2017 budget. Permits funds provided to the WCF to remain available until expended and sets forth restrictions and requirements for the WCF.

(Sec. 505) Permits up to 50% of the unobligated balances from each Operations and Support appropriation, the Coast Guard's Operating Expenses account, and funds for salaries and expenses in the Coast Guard's Reserve Training and Acquisition, Construction, and Improvement accounts to remain available through FY2018, subject to the reprogramming requirements included in section 503.

(Sec. 506) Deems funds provided by this division for intelligence activities to be specifically authorized during FY2017 until the enactment of an Act authorizing intelligence activities for FY2017.

(Sec. 507) Requires DHS to notify Congress prior to executing or announcing certain grant allocations, grant awards, contract awards, task or delivery orders, other transaction agreements, or letters of intent. Permits a waiver if compliance would pose a substantial risk to human life, health, or safety and DHS notifies Congress after the award is made.

(Sec. 508) Prohibits any agency from purchasing, constructing, or leasing any additional facilities, except within or contiguous to existing locations, for federal law enforcement training without notifying Congress in advance. Permits the FLETCs to obtain the temporary use of additional facilities for training that cannot be accommodated in existing facilities.

(Sec. 509) Prohibits the use of funds provided by this division for a construction, repair, alteration, or acquisition project for which a required prospectus has not been approved.

(Sec. 510) Applies provisions of the Department Homeland Security Appropriations Act, 2008 related to a contracting officer's technical representative training, disclosure of sensitive security information, and minimum federal fleet requirements to funds provided by this division.

(Sec. 511) Prohibits funds provided by this division from being used in contravention of the Buy American Act.

(Sec. 512) Prohibits funds provided by this division from being used to amend the oath of allegiance required by the Immigration and Nationality Act.

(Sec. 513) Prohibits funds provided by this division from being used for any position designated as a Principal Federal Official during a Stafford Act declared disaster or emergency.

(Sec. 514) Amends the Homeland Security Act of 2002 to extend certain DHS transactional authorities for research and development projects through FY2017.

(Sec. 515) Prohibits funds provided by this division from being used for a national identification card.

(Sec. 516) Prohibits officials from delegating this division's requirements to report or certify to Congress unless specifically authorized by this division.

(Sec. 517) Prohibits funds from being used to transfer or release to or within the United States, its territories, or its possessions individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba.

(Sec. 518) Prohibits funds provided by this division from being used for first-class travel by employees of agencies funded by the division.

(Sec. 519) Prohibits the use of funds provided by this division to employ workers who are illegal workers under the Immigration and Nationality Act.

(Sec. 520) Prohibits funds provided by this division from being used to pay award or incentive fees for contractor performance that is below satisfactory or fails to meet the basic requirements of a contract.

(Sec. 521) Requires DHS to ensure that new processes for screening aviation passengers and crews consider privacy and civil liberties consistent with applicable laws, regulations, and guidance.

(Sec. 522) Prohibits DHS from entering into contracts that do not meet requirements of specified contracting laws and regulations.

(Sec. 523) Provides additional appropriations to remain available until expended for the DHS headquarters consolidation project.

(Sec. 524) Provides appropriations to remain available through FY2018 for financial systems modernization. Permits the funds to be transferred between appropriations accounts for the same purpose if Congress is notified in advance.

(Sec. 525) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

(Sec. 526) Prohibits a federal law enforcement officer from using funds provided by this division to transfer a firearm to an agent of a drug cartel unless U.S. law enforcement personnel continuously monitor or control the firearm.

(Sec. 527) Sets forth restrictions and reporting requirements for the use of funds provided by this division to attend international conferences.

(Sec. 528) Prohibits funds provided by this division from being used to reimburse any federal department or agency for participation in a National Special Security Event.

(Sec. 529) Prohibits funds from being used for structural pay reform that affects more than 100 full-time equivalent employee positions or costs more than $5 million in a single year without notifying Congress in advance.

(Sec. 530) Requires agencies receiving funds in this division to post reports required to be submitted to Congress on the public website of the agency if it serves the national interest. Provides exceptions for national security or proprietary information.

(Sec. 531) Prohibits the use of funds provided by this division to implement the Arms Trade Treaty regulating international trade in conventional arms until it is ratified by the Senate.

(Sec. 532) Provides, that within 60 days of submitting a budget proposal for FY2018 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, DHS must submit to Congress spending reductions to offset revenues assumed in the proposals if they are not enacted.

(Sec. 533) Permits funds provided by this division for Operations and Support to be used for minor procurement, construction, and improvements.

(Sec. 534) Rescinds specified amounts from several DHS accounts and programs.

(Sec. 535) Rescinds specified unobligated balances that were transferred to DHS when it was created in 2003.

(Sec. 536) Rescinds specified unobligated balances from several DHS accounts and programs.

(Sec. 537) Rescinds specified unobligated balances from the Department of the Treasury Forfeiture Fund.

(Sec. 538) Rescinds specified unobligated balances from the FEMA Disaster Relief Fund.

(Sec. 539) Extends the authorization of the USCIS's E-Verify Program through FY2017.

(Sec. 540) Extends the special immigrant status granted to religious workers other than ministers through FY2017.

(Sec. 541) Extends through FY2017 the authority to waive the two-year home country physical presence requirement for foreign doctors with expiring J-1 visas who apply to remain in the United States and commit to working in medically underserved areas.

(Sec. 542) Extends through FY2017 the Regional Center Pilot Program within the EB-5 immigration investor program authorization. (The Regional Center Program is intended to focus foreign investment toward specific geographic regions.)

(Sec. 543) Authorizes DHS to increase the numerical limitation on the number of aliens that that are permitted to enter the United States under the H-2B visa program for temporary nonagricultural labor. Specifies that the limit may not exceed the highest number of H-2B nonimmigrants who participated in the H-2B returning worker program in any year in which returning workers were exempt from the numerical limitation.

(Sec. 544) Provides appropriations to FEMA to reimburse extraordinary law enforcement personnel costs for protection activities directly and demonstrably associated with any residence of the President that is designated or identified to be secured by the U.S. Secret Service.

TITLE VI--DEPARTMENT OF HOMELAND SECURITY--ADDITIONAL APPROPRIATIONS

Provides additional appropriations to the CBP for Operations and Support, to remain available through FY2018 for:

  • border security technology deployment;
  • addressing facilities maintenance backlogs;
  • improving hiring processes for Border Patrol Agents, Customs Officers, and Air and Marine personnel, and for relocation enhancements;
  • border road maintenance; and
  • surge operations.

Provides additional appropriations to the CBP for Procurement, Construction, and Improvements, to remain available through FY2021 to:

  • replace existing primary pedestrian and vehicle border fencing along the southwest border using previously deployed and operationally effective designs,
  • acquisition and deployment of border security technology, and
  • new border road construction.

Requires DHS to submit to Congress a risk-based plan for improving security along the U.S. borders, including the use of personnel, fencing, other forms of tactical infrastructure, and technology.

Provides additional appropriations to ICE for Operations and Support to remain available through FY2018 for custody operations, alternatives to detention, and transportation and removal operations.

Provides additional appropriations to the U.S. Secret Service for: (1) Operations and Support; and (2) Procurement, Construction, and improvements for necessary expenses for necessary expenses for Presidential security.

(Sec. 601) Specifies that the funds provided by this title are in addition to amounts appropriated or otherwise made available to DHS for FY2017.

Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017

DIVISION G--DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

The Department of the Interior, Environment, and Related Agencies Appropriations Act, 2017 provides appropriations for the Department of the Interior, the Environmental Protection Agency (EPA), and related agencies for FY2017.

The division provides annual appropriations for most of the Department of the Interior, including:

  • the Bureau of Land Management,
  • the U.S. Fish and Wildlife Service,
  • the National Park Service,
  • the U.S. Geological Survey,
  • the Bureau of Ocean Energy Management,
  • the Bureau of Safety and Environmental Enforcement,
  • the Office of Surface Mining Reclamation and Enforcement,
  • the Bureau of Indian Affairs, and
  • the Bureau of Indian Education.

It does not include the Bureau of Reclamation, which is considered in the Energy and Water Development appropriations division.

Related agencies funded in the division include the Department of Agriculture's Forest Service, the Department of Health and Human Service's Indian Health Service, the Smithsonian Institution, the National Endowment for the Arts, and the National Endowment for the Humanities.

This division increases discretionary Department of the Interior, Environment, and Related Agencies funding above the FY2016 level.

TITLE I--DEPARTMENT OF THE INTERIOR

Provides appropriations to the Bureau of Land Management (BLM) for:

  • Management of Lands and Resources;
  • Land Acquisition;
  • Oregon and California Grant Lands;
  • Range Improvements;
  • Service Charges, Deposits, and Forfeitures; and
  • Miscellaneous Trust Funds.

Prohibits appropriations provided by this division from being used for: (1) the destruction of healthy, unadopted, wild horses and burros in the care of the BLM or its contractors; or (2) the sale of wild horses and burros that results in their destruction for processing into commercial products.

Provides appropriations to the U.S. Fish and Wildlife Service (USFWS) for:

  • Resource Management,
  • Construction,
  • Land Acquisition,
  • the Cooperative Endangered Species Conservation Fund,
  • the National Wildlife Refuge Fund,
  • the North American Wetlands Conservation Fund,
  • Neotropical Migratory Bird Conservation,
  • the Multinational Species Conservation Fund, and
  • State and Tribal Wildlife Grants.

Provides appropriations to the National Park Service (NPS) for:

  • Operation of the National Park System,
  • National Recreation and Preservation,
  • the Historic Preservation Fund,
  • Construction,
  • Land Acquisition and State Assistance, and
  • the Centennial Challenge.

Rescinds FY2017 contract authority provided by the Land and Water Conservation Fund Act of 1965.

Permits the NPS to retain specified funds authorized to be disbursed under the Gulf of Mexico Energy Security Act of 2006 for the costs of administration of the Land and Water Conservation Fund grants authorized by the Act.

Permits NPS funds to be transferred to the Federal Highway Administration for the Federal Lands Access Program, which was established to improve transportation facilities that provide access to, are adjacent to, or are located within federal lands.

Provides appropriations to the U.S. Geological Survey for Surveys, Investigations, and Research.

Provides appropriations to the Bureau of Ocean Energy Management for Ocean Energy Management.

Provides appropriations to the Bureau of Safety and Environmental Enforcement for: (1) Offshore Safety and Environmental Enforcement, and (2) Oil Spill Research.

Provides appropriations to the Office of Surface Mining Reclamation and Enforcement for: (1) Regulation and Technology, and (2) the Abandoned Mine Reclamation Fund.

Provides appropriations to the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE) for:

  • Operation of Indian Programs,
  • Contract Support Costs,
  • Construction,
  • Indian Land and Water Claim Settlements and Miscellaneous Payments to Indians, and
  • the Indian Guaranteed Loan Program Account.

Permits the BIA to contract for services for the Power Division of the San Carlos Irrigation Project.

Limits the use of funds for contracts, grants, compacts, or cooperative agreements with the BIA under the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994.

Permits tribes to return appropriated funds without diminishing the federal government's trust responsibilities, the government-to-government relationship with the tribe, or the tribe's ability to access future appropriations.

Prohibits the use of BIE funds, other than funds provided for assistance to public schools, for the operation of elementary or secondary schools in Alaska.

Limits the number of schools and the expansion of grade levels in individual schools in the BIE school system.

Specifies the distribution of indirect and administrative costs to certain tribes.

Provides appropriations for Departmental Offices, including:

  • the Office of the Secretary,
  • Insular Affairs,
  • the Office of the Solicitor,
  • the Office of Inspector General, and
  • the Office of the Special Trustee for American Indians.

Provides appropriations for Department-Wide Programs, including:

  • Wildland Fire Management,
  • the FLAME Wildfire Suppression Reserve Fund,
  • the Central Hazardous Materials Fund,
  • the Natural Resource Damage Assessment Fund,
  • the Working Capital Fund, and
  • Payments in Lieu of Taxes (PILT).

(Sec. 101) Permits the transfer of funds within bureaus and offices for specified emergencies when all other emergency funds have been exhausted.

(Sec. 102) Provides for the department-wide expenditure or transfer of funds by Interior in the event of specified emergencies.

(Sec. 103) Permits Interior to use appropriations provided in this title for:

  • employing temporary or intermittent experts and consultants;
  • purchasing and replacing motor vehicles;
  • hiring, maintenance, and operation of aircraft;
  • hiring of passenger motor vehicles;
  • purchasing reprints;
  • telephone services in private residences in the field; and
  • certain library memberships.

(Sec. 104) Permits the transfer of funds between the BIA, the BIE, and the Office of the Special Trustee for American Indians for Indian trust management and reform activities, provided that total funding for historical accounting activities does not exceed funding provided by this division for that purpose.

(Sec. 105) Permits Interior to redistribute Tribal Priority Allocation funds, including tribal base funds, to alleviate funding inequities to address identified unmet needs, dual enrollment, overlapping service areas, or inaccurate distribution methodologies.

Specifies that no tribe may receive a reduction in Tribal Priority Allocation funds of more than 10% in FY2017, except in the cases of dual enrollment, overlapping service areas, or inaccurate distribution methodologies.

(Sec. 106) Authorizes the acquisition of lands and waters for the purpose of operating and maintaining facilities that support visitors to Ellis, Governors, and Liberty Islands in New Jersey and New York.

(Sec. 107) Requires Interior to collect specified Outer Continental Shelf inspection fees.

(Sec. 108) Permits Interior to transfer funds to implement the reorganization of the Bureau of Ocean Energy Management, Regulation and Enforcement, subject to reprogramming guidelines.

(Sec. 109) Permits Interior to enter into multiyear cooperative agreements and contracts with nonprofits and other entities for the long-term care and maintenance of excess wild free roaming horses and burros on private land.

(Sec. 110) Directs the USFWS, in carrying out responsibilities to protect threatened and endangered species of salmon, to implement a system of mass marking of salmonid stocks intended for harvest that are released from federally operated or financed hatcheries.

(Sec. 111) Amends the Consolidated Appropriations Act, 2012 to extend the requirement that a person exhaust administrative hearings and appeal procedures prior to bringing a civil action challenging BLM decisions concerning grazing on public lands.

(Sec. 112) Prohibits funds from being used to implement, administer, or enforce Secretarial Order No. 3310, which requires the BLM to inventory and protect public lands with wilderness characteristics.

(Sec. 113) Permits the BIA and the BIE in carrying out work involving cooperation with state, local, and tribal governments, to record obligations against accounts receivable from the entities, provided that total obligations at the end of the fiscal year do not exceed total budgetary resources.

(Sec. 114) Prohibits funds from being used to write or issue rules for the sage-grouse pursuant to the Endangered Species Act of 1973.

(Sec. 115) Increases the authorizations of appropriations for the Blue Ridge National Heritage Area and the Erie Canalway National Heritage Corridor.

(Sec. 116) Permits Interior to transfer excess wild horses or burros that have been removed from the public lands to other federal, state, and local agencies for use as work animals. Specifies that any animal transferred loses its status as a wild free-roaming horse or burro. Prohibits any agency receiving the animals from destroying, selling, or otherwise transferring them in a way that results in their destruction for processing into commercial products.

(Sec. 117) Extends the authorization for certain payments to the Republic of Palau through FY2017.

(Sec. 118) Permits Interior to enter into cooperative agreements with nonprofit organizations designated by the Department of Labor under the Older Americans Act of 1965 to use older Americans in programs authorized by other provisions of law administered by Interior.

(Sec. 119) Authorizes Interior to: (1) acquire by donation or purchase from willing sellers lands at the site of the historic Forks in the Road Slave Market, and (2) revise the boundary of the Natchez National Historical Park to include the land.

(Sec. 120) Requires Interior to conduct a special resource study of specified civil rights sites in the state of Mississippi.

(Sec. 121) Requires Interior to revise regulations regarding the continuous operations rule for oil, gas, and sulfur leases in the Outer Continental Shelf (OCS) to increase from 180 days to a year the time allowed between operations for a lease continued beyond its primary term.

(Sec. 122) Establishes the Bureau of Land Management Foundation as a tax-exempt nonprofit corporation to:

  • encourage, accept, and administer private gifts of money and property for the activities and services of the BLM;
  • advance the purposes for which public land is administered;
  • carry out and encourage educational, technical, scientific, and other assistance or activities that support the mission of the BLM; and
  • assist the BLM with challenges that could be better addressed with the support of a foundation.

TITLE II--ENVIRONMENTAL PROTECTION AGENCY

Provides appropriations to the Environmental Protection Agency (EPA) for:

  • Science and Technology,
  • Environmental Programs and Management,
  • the Hazardous Waste Electronic Manifest System Fund,
  • the Office of Inspector General,
  • Buildings and Facilities,
  • Hazardous Substance Superfund,
  • the Leaking Underground Storage Tank Trust Fund Program,
  • Inland Oil Spill Programs,
  • State and Tribal Assistance Grants, and
  • the Water Infrastructure Finance and Innovation Program Account.

Permits the EPA to award cooperative agreements to Indian tribes or intertribal consortia to carry out the agency's function to implement federal environmental programs required or authorized by law in the absence of an acceptable tribal program.

Authorizes the EPA to collect and spend pesticide registration service fees.

Permits the EPA to: (1) transfer funds from the Environmental Programs and Management account to other federal agencies to support the Great Lakes Restoration Initiative, and (2) enter into interagency agreements and provide grants to certain entities to support the effort.

Permits specified funds to be used for the construction, alteration, repair, rehabilitation, and renovation of facilities.

Permits the EPA to use funds to make grants to federally recognized Indian tribes notwithstanding certain provisions of the Federal Water Pollution Control Act (commonly known as the Clean Water Act).

Permits the EPA to use FY2017 Environmental Programs and Management funds for grants to implement the Southeastern New England Watershed Restoration Program.

Permits funds provided by this title for the National Estuary Program to be used for the development, implementation, and monitoring of comprehensive conservation and management plans, notwithstanding limitations included in the Clean Water Act.

Rescinds specified unobligated balances from the State and Tribal Assistance Grants account.

TITLE III--RELATED AGENCIES

Provides appropriations to the Department of Agriculture for the Forest Service, including for:

  • Forest and Rangeland Research;
  • State and Private Forestry;
  • the National Forest System;
  • Capital Improvement and Maintenance;
  • Land Acquisition;
  • the Range Betterment Fund;
  • Gifts, Donations, and Bequests for Forest and Rangeland Research;
  • Management of National Forest Lands for Subsistence Uses;
  • Wildland Fire Management; and
  • the FLAME Wildfire Suppression Reserve Fund.

Permits Forest Service appropriations to be used for:

  • the purchase and use of motor vehicles and aircraft;
  • employment of temporary or intermittent personnel;
  • purchase, erection, and alteration of buildings and other public improvements;
  • acquisition of land and waters;
  • expenses pursuant to the Volunteers in the National Forest Act of 1972;
  • uniforms; and
  • debt collection contracts.

Permits appropriations to be transferred to the Wildland Fire Management account for forest fire fighting, emergency rehabilitation of burned-over or damaged lands or waters, and fire preparedness due to severe burning conditions, provided that USDA notifies Congress that all fire suppression funds will be obligated within 30 days. Requires funds used to be replenished by a supplemental appropriation requested as promptly as possible.

Permits unobligated balances of funds provided to the Forest Service to be transferred to or within the Wildland Fire Management Account or reprogrammed to be used for hazardous fuels management and emergency rehabilitation of burned-over National Forest System lands and water, if Congress is notified in advance.

Permits Forest Service appropriations to be used for forest and rangeland research, technical information, and related forestry and natural resources activities in foreign countries.

Permits Forest Service appropriations to be transferred to the BLM for removal, preparation, and adoption of excess wild horses and burros from National Forest System lands, and for surveys to designate the boundaries of the lands.

Prohibits Forest Service appropriations from being transferred using authority provided in several specified statutory provisions.

Prohibits Forest Service appropriations from being reprogrammed except with prior approval of Congress and in accordance with procedures contained in the report accompanying this division.

Limits transfers to the USDA Working Capital Fund and to USDA for Department Reimbursable Programs (commonly referred to as Greenbook charges).

Limits the use of funds to support the Youth Conservation Corps and the Public Lands Corps.

Permits the Chief of the Forest Service to use specified funds for official reception and representation expenses.

Provides matching funds to aid conservation projects of the National Forest Foundation and the National Fish and Wildlife Foundation.

Permits funds to be used to provide technical assistance to rural communities and natural resource-based businesses for sustainable rural development purposes.

Permits Forest Service appropriations to be used for payments to counties within the Columbia River Gorge National Scenic Area.

Permits Forest Service appropriations to be used to meet the non-federal share requirement included in a provision of the Older Americans Act of 1965 related to the older American community service employment program.

Permits specified funds to be assessed for the purpose of performing fire, administrative, and other facilities maintenance and decommissioning. Permits specified funds to be used to reimburse the USDA Office of the General Counsel for travel and related expenses incurred as a result of assistance or participation requested by the Forest Service at meetings, training sessions, management reviews, land purchase negotiations, and similar non-litigation related matters.

Permits an individual employed under any project funded under Title V of the Older Americans Act of 1965 to be considered a federal employee.

Requires the Forest Service to provide quarterly reports to Congress regarding unobligated balances.

Rescinds specified unobligated balances from the following accounts:

  • Forest and Rangeland Research,
  • the National Forest System, and
  • State and Private Forestry.

Provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including:

  • Indian Health Services,
  • Contract Support Costs, and
  • Indian Health Facilities.

Provides appropriations to HHS for: (1) the National Institutes of Health for the National Institute of Environmental Health Sciences, and (2) the Agency for Toxic Substances and Disease Registry.

Provides appropriations to Other Related Agencies, including:

  • the Executive Office of the President for the Council on Environmental Quality and Office of Environmental Quality;
  • the Chemical Safety and Hazard Investigation Board;
  • the Office of Navajo and Hopi Indian Relocation;
  • the Institute of American Indian and Alaska Native Culture and Arts Development;
  • the Smithsonian Institution;
  • the National Gallery of Art;
  • the John F. Kennedy Center for the Performing Arts;
  • the Woodrow Wilson International Center for Scholars;
  • the National Foundation on the Arts and the Humanities, including the National Endowment for the Arts (NEA) and the National Endowment for the Humanities;
  • the Commission of Fine Arts;
  • the Advisory Council on Historic Preservation;
  • the National Capital Planning Commission;
  • the Holocaust Memorial Museum;
  • the Dwight D. Eisenhower Memorial Commission; and
  • the Women's Suffrage Centennial Commission

TITLE IV--GENERAL PROVISIONS

(Sec. 401) Prohibits funds provided by this division from being used to promote public support or opposition to any legislative proposal before Congress.

(Sec. 402) Prohibits any appropriation contained in this division from remaining available for obligation beyond the current fiscal year unless expressly permitted in this division.

(Sec. 403) Requires specified administrative expenses to be presented in annual budget justifications and approved by Congress.

(Sec. 404) Prohibits funds from being used to accept or process applications for a patent for any mining or mill site claim located under the general mining laws, subject to exceptions. Requires Interior, upon the request of a patent applicant, to allow a qualified third-party contractor to conduct a mineral examination of the mining claims or mill sites contained in a patent application. Specifies that the BLM is responsible for selecting and paying the third-party contractor.

(Sec. 405) Extends limits on the use of FY1994-FY2013 and FY2014 funds for contract support costs on Indian contracts.

(Sec. 406) Limits the use of FY2017 funds for contract support costs on Indian contracts.

(Sec. 407) Permits Forest Service land management plans that are more than 15 years old if USDA is acting in good faith to update the plans.

(Sec. 408) Prohibits funds provided by this division from being used to conduct preleasing, leasing, and related activities under either the Mineral Leasing Act or the Outer Continental Shelf Lands Act within the boundaries of a National Monument.

(Sec. 409) Restricts land acquisition funds provided by this division from being used for declarations of taking or complaints in condemnation without the approval of Congress. Includes an exception for funds provided to implement the Everglades National Park Protection and Expansion Act of 1989, or for Florida to acquire lands for Everglades restoration.

(Sec. 410) Sets forth requirements regarding the sale of timber from a specified region in Alaska.

(Sec. 411) Prohibits no-bid contracts and grants except under certain circumstances where a contract is authorized by federal law or was awarded prior to the date of enactment of this division.

(Sec. 412) Requires agencies receiving funds in this division to post on their public websites any report required to be submitted by Congress if it serves the national interest. Includes exceptions for national security or proprietary information.

(Sec. 413) Establishes grant guidelines for the NEA.

(Sec. 414) Establishes priorities for programs administered by the NEA.

(Sec. 415) Directs Interior, the EPA, the Forest Service, and the IHS to provide Congress with quarterly reports on the status of balances of appropriations.

(Sec. 416) Directs the President to submit a comprehensive report to Congress detailing all federal agency funding for climate change programs, projects, and activities in FY2016 and FY2017.

(Sec. 417) Prohibits funds from being used to promulgate or implement any regulation requiring the issuance of permits under the Clean Air Act for carbon dioxide, nitrous oxide, water vapor, or methane emissions resulting from biological processes associated with livestock production.

(Sec. 418) Prohibits the use of any funds to implement any provision in a rule that requires mandatory reporting of greenhouse gas emissions from manure management systems.

(Sec. 419) Amends the Department of Defense Appropriations Act, 2000 to extend the Dwight D. Eisenhower Memorial Commission.

(Sec. 420) Prohibits funds from being used to regulate the lead content of ammunition, ammunition components, or fishing tackle under the Toxic Substances Control Act or any other law.

(Sec. 421) Extends the authority of the Forest Service to renew certain grazing permits.

(Sec. 422) Amends the Healthy Forest Restoration Act of 2003 to make technical corrections to provisions regarding stewardship contracting.

(Sec. 423) Prohibits the use of funds to maintain or establish a computer network unless the network blocks pornography. Includes an exception for a law enforcement agency or other entity carrying out criminal investigations, prosecution, or adjudication activities.

(Sec. 424) Prohibits the EPA from using funds to require a permit under the Clean Water Act for the discharge of dredged or fill material for certain agriculture activities.

(Sec. 425) Prohibits any funds made available by a drinking water treatment revolving loan fund as authorized by the Safe Drinking Water Act from being 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, subject to specified exceptions and waiver procedures.

(Sec. 426) Revises the definition of the National Gallery of Art's (NGA's) buildings and grounds commensurate with the NGA's geographic boundaries.

(Sec. 427) Prohibits funds provided by this division from being used to destroy any buildings or structures on Midway Island that have been recommended by the U.S Navy for inclusion in the National Register of Historic Places.

(Sec. 428) Requires the Department of Energy (DOE), the Department of Agriculture (USDA), and the Environmental Protection Agency to jointly: (1) ensure that federal policy relating to forest bioenergy is consistent across all department and agencies, and (2) recognizes the full benefits of the use of forest biomass for energy, conservation, and responsible forest management.

Requires the DOE, USDA, and the EPA to establish clear and simple policies for the use of forest biomass as an energy solution, including policies that:
  • 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;
  • encourage private investment throughout the forest biomass supply chain;
  • encourage forest management to improve forest health; and
  • recognize state initiatives to produce and use forest biomass.

(Sec. 429) Amends the John F. Kennedy Center Act to authorize FY2017 appropriations for the John F. Kennedy Center for the Performing Arts

(Sec. 430) Adjusts the boundaries of the Bob Marshall Wilderness within the Lewis and Clark National Forest.

(Sec. 431) Incorporates by reference the following the bills of the 115th Congress:

  • H.R. 2104 (the Morley Nelson Snake River Birds of Prey National Conservation Area Boundary Modification Act of 2017) as introduced;
  • S. 131 (the Alaska Mental Health Trust Land Exchange Act of 2017), as ordered to be reported by the Senate Energy and Natural Resources Committee; and
  • S. 847 (the Women's Suffrage Centennial Commission Act) as introduced.

Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017

DIVISION H--DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

The Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2017 provides annual appropriations for:

  • the Department of Labor;
  • most of the Department of Health and Human Services (HHS);
  • the Department of Education (ED); and
  • several related agencies, including the Social Security Administration, the Corporation for National and Community Service, the Corporation for Public Broadcasting, and the National Labor Relations Board.

This division does not include funding for the Food and Drug Administration, the Indian Health Service, and the Agency for Toxic Substances and Disease Registry, which are included within HHS, but considered in other divisions of this bill.

This division includes both discretionary and mandatory funding. The majority of the funding in the division is mandatory funding for entitlement programs such as Medicaid and Supplemental Security Income that are funded in annual appropriations bills. These programs, known as appropriated entitlements, are included in annual appropriations bills, though the amounts provided for the programs are generally determined by authorizing statutes that control details of the programs such as eligibility rules and benefit levels.

The division decreases 2017 discretionary funding for the Departments of Labor, Health and Human Services, and Education, and Related Agencies compared to FY2016 levels.

TITLE I--DEPARTMENT OF LABOR

Provides FY2017 appropriations for agencies and programs within the Department of Labor.

Provides appropriations to the Employment and Training Administration for:

  • Training and Employment Services,
  • the Job Corps,
  • Community Service Employment for Older Americans,
  • Federal Unemployment Benefits and Allowances,
  • State Unemployment Insurance and Employment Service Operations,
  • Advances to the Unemployment Trust Fund and Other Funds, and
  • Program Administration.

Provides appropriations to the Pension Benefit Guaranty Corporation.

Provides appropriation to Labor for:

  • the Employee Benefits Security Administration,
  • the Wage and Hour Division,
  • the Office of Labor-Management Standards,
  • the Office of Federal Contract Compliance Programs,
  • the Office of Workers' Compensation Programs,
  • the Occupational Safety and Health Administration (OSHA),
  • the Mine Safety and Health Administration,
  • the Bureau of Labor Statistics, and
  • the Office of Disability Employment Policy.

Provides appropriations for Departmental Management, including:

  • Salaries and Expenses,
  • Veterans Employment and Training,
  • IT Modernization, and
  • the Office of Inspector General.

(Sec. 101) Prohibits Job Corps funds provided by this division from being used to pay individual salary and bonuses at a rate in excess of Executive Level II.

(Sec. 102) Permits specified Labor funds to be transferred between accounts and sets forth requirements for the transfers.

(Sec. 103) Prohibits funds provided by this division from being used for the procurement of goods and services utilizing forced or indentured child labor.

(Sec. 104) Requires specified funds available for job training grants under the American Competitiveness and Workforce Innovation and Opportunity Act to be used only for competitive grants to train individuals who are over the age of 16 and are not 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 the training.

Permits specified H-1B fee receipts to be used for the elimination of foreign labor certification processing backlogs.

Rescinds specified funds made available under the Immigration and Nationality Act.

(Sec. 105) Prohibits a recipient of Employment and Training Administration (ETA) funds from using the funds to pay the salary and bonuses of an individual at a rate in excess of Executive Level II, with an exception for vendors providing goods and services. Permits states to establish lower limits for salaries and bonuses.

(Sec. 106) Permits the ETA to: (1) transfer funds provided for technical assistance services to grantees to Program Administration if the services will be more efficiently performed by federal employees, and (2) transfer specified Program Administration funds to carry out program integrity activities.

(Sec. 107) Limits the funds that may be reserved for evaluation of programs and activities and requires the Chief Evaluation Officer to submit a plan to Congress in advance of transferring funds to be used for evaluations.

(Sec. 108) Permits Labor to select an entity to operate a Civilian Conservation Center on a competitive basis if the center has had consistently low performance.

(Sec. 109) Exempts certain employees who are not employed by an insurance company and are adjusting or evaluating claims resulting from a major disaster from maximum hours provisions of the Fair Labor Standards Act of 1938 for two years after a state or federal declaration of a disaster or catastrophe.

(Sec. 110) Rescinds specified advance appropriations from the ETA's Dislocated Workers Assistance National Reserve account.

(Sec. 111) Provides employers in the seafood industry with flexibility with respect to bringing H-2B nonimmigrant workers into the United States. (The H-2B program allows U.S. employers or U.S. agents who meet specific regulatory requirements to bring foreign nationals to the United States to fill temporary nonagricultural jobs.)

(Sec. 112) Sets forth requirements for determining the prevailing wage for the H-2B program.

(Sec. 113) Prohibits the use of funds provided by this division to enforce the definition of corresponding employment or the three-fourths guarantee rule definition found in specified regulations for the H-2B program. Specifies the definition of temporary need that applies for the purpose of regulating admission of temporary workers under the H-2B program.

Department of Health and Human Services Appropriations Act, 2017

TITLE II--DEPARTMENT OF HEALTH AND HUMAN SERVICES

Provides FY2017 appropriations for agencies and programs within the Department of Health and Human Services (HHS).

Provides appropriations to the Health Resources and Services Administration for:

  • Primary Health Care,
  • the Health Workforce,
  • Maternal and Child Health,
  • the Ryan White HIV/AIDS Program,
  • Health Care Systems,
  • Rural Health,
  • Family Planning,
  • Program Management, and
  • the Vaccine Injury Compensation Program Trust Fund.

Provides appropriations to the Centers for Diseases Control and Prevention (CDC) for:

  • Immunization and Respiratory Diseases;
  • HIV/AIDS, Viral Hepatitis, Sexually Transmitted Diseases, and Tuberculosis Prevention;
  • Emerging and Zoonotic Infectious Diseases;
  • Chronic Disease Prevention and Health Promotion;
  • Birth Defects, Developmental Disabilities, Disabilities and Health;
  • Public Health Scientific Services;
  • Environmental Health;
  • Injury Prevention and Control;
  • the National Institute for Occupational Safety and Health;
  • the Energy Employees Occupational Illness Compensation Program;
  • Global Health;
  • Public Health Preparedness and Response;
  • Buildings and Facilities; and
  • CDC-Wide Activities and Program Support.

Provides appropriations to the National Institutes of Health (NIH) for:

  • the National Cancer Institute;
  • the National Heart, Lung, and Blood Institute;
  • the National Institute of Dental and Craniofacial Research;
  • the National Institute of Diabetes and Digestive and Kidney Diseases;
  • the National Institute of Neurological Disorders and Stroke;
  • the National Institute of Allergy and Infectious Diseases;
  • the National Institute of General Medical Sciences;
  • the Eunice Kennedy Shriver National Institute of Child Health and Human Development;
  • the National Eye Institute;
  • the National Institute of Environmental Health Sciences;
  • the National Institute on Aging;
  • the National Institute of Arthritis and Musculoskeletal and Skin Diseases;
  • the National Institute on Deafness and Other Communication Disorders;
  • the National Institute of Nursing Research;
  • the National Institute on Alcohol Abuse and Alcoholism;
  • the National Institute on Drug Abuse;
  • the National Institute of Mental Health;
  • the National Human Genome Research Institute;
  • the National Institute of Biomedical Imaging and Bioengineering;
  • the National Center for Complementary and Integrative Health;
  • the National Institute on Minority Health and Health Disparities;
  • the John E. Fogarty International Center;
  • the National Library of Medicine;
  • the National Center for Advancing Translational Services;
  • the Office of the Director; and
  • Buildings and Facilities.

Provides appropriations to the Substance Abuse and Mental Health Services Administration for:

  • Mental Health,
  • Substance Abuse Treatment,
  • Substance Abuse Prevention, and
  • Health Surveillance and Program Support.

Provides appropriations to the Agency for Healthcare Research and Quality.

Provides appropriations to the Centers for Medicare and Medicaid Services for:

  • Grants to States for Medicaid,
  • Payments to Health Care Trust Funds,
  • Program Management, and
  • the Health Care Fraud and Abuse Control Account.

Provides appropriations to the Administration for Children and Families for:

  • Payments to States for Child Support Enforcement and Family Support Programs,
  • Low Income Home Energy Assistance,
  • Refugee and Entrant Assistance,
  • Payments to States for the Child Care and Development Block Grant,
  • the Social Services Block Grant,
  • Children and Families Services Programs,
  • Promoting Safe and Stable Families, and
  • Payments for Foster Care and Permanency.

Provides appropriations to the Administration for Community Living for Aging and Disability Services Programs.

Provides appropriations to the Office of the Secretary for:

  • General Departmental Management,
  • the Office of Medicare Hearings and Appeals,
  • the Office of the National Coordinator for Health Information Technology,
  • the Office of Inspector General,
  • the Office for Civil Rights,
  • Retirement Pay and Medical Benefits for Commissioned Officers, and
  • the Public Health and Social Services Emergency Fund.

(Sec. 201) Limits the funds provided by this title that may be used for official reception and representation expenses.

(Sec. 202) Prohibits funds provided by this title from being used to pay the salary of an individual, through a grant or other extramural mechanism, in excess of Executive Level II.

(Sec. 203) Restricts HHS's use of funds for program evaluation activities unless a report is submitted to Congress regarding the proposed use of the funds or the funds are specifically provided in this division.

(Sec. 204) Permits the transfer of specified Public Health Service Act (PHS Act) funds for the evaluation of programs funded in this title.

(Sec. 205) Sets forth restrictions and requirements for the transfer of HHS funds between appropriations accounts.

(Sec. 206) Permits National Health Service Corps Loan Repayment Program contracts to be cancelled up to 60 days after the execution of a contract awarded in FY2017.

(Sec. 207) Prohibits funds provided by this division from being made available under title X (Population Research and Voluntary Family Planning Programs) of the PHS Act unless the applicant certifies that it: (1) encourages family participation in the decision of minors to seek family planning services, and (2) provides counseling to minors on resisting attempts to coerce minors into engaging in sexual activities.

(Sec. 208) Specifies that no provider of services under title X of the PHS Act may be exempt from any state law requiring notification or the reporting of child abuse, child molestation, sexual abuse, rape, or incest.

(Sec. 209) Prohibits funds provided by this division from being used for the Medicare Advantage program if HHS denies participation to an otherwise eligible entity because it will not provide, pay for, provide coverage of, or provide referrals for abortions.

(Sec. 210) Prohibits funds provided by this title from being used to advocate or promote gun control.

(Sec. 211) Limits the number of Public Health Service employees that may be assigned to assist in child survival activities and to work in AIDS programs through and with funds provided by the U.S. Agency for International Development, the United Nations International Children's Emergency Fund, or the World Health Organization.

(Sec. 212) Permits HHS to exercise specified spending authority to carry out international health activities, including HIV/AIDS and other infectious disease, chronic and environmental disease, and other health activities abroad during FY2017.

(Sec. 213) Permits the NIH, jointly with the Office of AIDS Research, to transfer specified HIV research funds among NIH institutes and centers if Congress is notified in advance.

(Sec. 214) Makes NIH funds for HIV research available to the Office of AIDS Research.

(Sec. 215) Permits the NIH: (1) to use specified funds to enter into certain transactions to carry out research in support of the NIH Common Fund; and (2) utilize peer review procedures, as determined to be appropriate by the NIH and in lieu of what would otherwise by required by under the PHS Act, to obtain assessments of scientific and technical merit. (The NIH Common Fund supports cross-cutting, trans-NIH programs that require participation by at least two NIH Institutes or Centers or would otherwise benefit from strategic planning and coordination.)

(Sec. 216) Limits the funds that the NIH may use for the alteration, repair, or improvement of facilities.

(Sec. 217) Transfers specified funds provided to the NIH for National Research Service Awards (NRSA) to: (1) the Health Resources and Services Administration to make NRSA awards for research in primary medical care and health service, and (2) to the Agency for Healthcare Research and Quality to make NRSA awards for health service research.

(Sec. 218) Permits the Biomedical Advanced Research and Development Authority (BARDA) to enter into multiyear contracts of up to 10 years for the purchase of research services or of security countermeasures, subject to specified requirements.

(Sec. 219) Requires HHS to establish a publicly accessible website that provides details regarding expenditures from the Prevention and Public Health Fund established by the Patient Protection and Affordable Care Act (PPACA).

(Sec. 220) Requires the HHS budget justifications to include specified details regarding federal employees and contractors involved in activities related to PPACA.

(Sec. 221) Requires HHS to include in the FY2018 budget specified details regarding: (1) the uses of funds by the Centers for Medicare and Medicaid Services for health insurance exchanges for each year since the enactment of PPACA, and (2) the proposed uses of the funds for FY2018.

(Sec. 222) Requires HHS to report to Congress on: (1) monthly enrollment figures from exchanges established under PPACA, and (2) any new or competitive grant awards authorized under section 330 (Health Centers) of the PHS Act.

(Sec. 223) Prohibits specified funds provided by this division from being used for payments relating to the risk corridors program established by PPACA.

(Sec. 224) Permits HHS to transfer specified funds from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical Insurance Trust Fund to the Centers for Medicare and Medicaid Services to support program management activity related to Medicare. Prohibits the funds from being used to support any provision of PPACA.

(Sec. 225) Requires HHS to include in the FY2018 budget justification an analysis of how a provision of the PHS Act related to coverage of preventive health services will impact eligibility for discretionary HHS programs.

(Sec. 226) Requires HHS to use the recommendations last issued before 2009 to administer any law referring to the current recommendations of the U.S. Preventive Services Task Force for breast cancer screening, mammography, and prevention.

Department of Education Appropriations Act, 2017

TITLE III--DEPARTMENT OF EDUCATION

Provides appropriations for agencies and programs within the Department of Education (ED).

Provides appropriations to ED for:

  • Education for the Disadvantaged,
  • Impact Aid,
  • School Improvement Programs,
  • Indian Education,
  • Innovation and Improvement,
  • Safe Schools and Citizenship Education,
  • English Language Acquisition,
  • Special Education, and
  • Rehabilitation Services.

Provides appropriations for Special Institutions for Persons with Disabilities, including:

  • the American Printing House for the Blind,
  • the National Technical Institute for the Deaf, and
  • Gallaudet University.

Provides Appropriations to ED for:

  • Career, Technical, and Adult Education,
  • Student Financial Assistance,
  • Student Aid Administration,
  • Higher Education,
  • Howard University,
  • the College Housing and Academic Facilities Loans Program,
  • the Historically Black College and University Capital Financing Program Account, and
  • the Institute of Education Sciences.

Provides appropriations for Departmental Management, including:

  • Program Administration,
  • the Office for Civil Rights, and
  • the Office of Inspector General.

(Sec. 301) Prohibits funds provided by this division from being used to transport teachers or students in order to: (1) overcome racial imbalance in any school, or (2) carry out a racial desegregation plan.

(Sec. 302) Prohibits funds provided by this division from being used to require the transportation of students to a school other than the school nearest to the student's home, except for students who require special education, in order to comply with title VI of the Civil Rights Act of 1964.

(Sec. 303) Specifies that no funds provided by this division may be used to prevent the implementation of programs of voluntary prayer and meditation in public schools.

(Sec. 304) Permits ED to transfer certain funds between accounts, subject to specified restrictions and requirements.

(Sec. 305) Amends the Compact of Free Association Amendments Act of 2003 to permit the Republic of Palau to continue to receive certain federal funds.

(Sec. 306) Permits funds provided by this division and consolidated for evaluation purposes under the Elementary and Secondary Education Act (ESEA) to be obligated from July 1, 2017, through September 30, 2018.

(Sec. 307) Permits certain institutions to continue to use endowment income for student scholarships, subject to specified limits and requirements. Applies this section until titles III and V of the Higher Education Act of 1965 (HEA) are reauthorized.

(Sec. 308) Extends the authorization of the National Advisory Committee on Institutional Quality and Integrity through 2017.

(Sec. 309) Extends through 2017 ED's authority to provide account maintenance fees to guaranty agencies for federal student loans.

(Sec. 310) Amends the Higher Education Act of 1965 to expand eligibility for the Pell grant program to permit students to receive Pell grants year-round.

(Sec. 311) Rescinds discretionary unobligated balances from the Pell grant program.

TITLE IV--RELATED AGENCIES

Provides appropriations for the Committee for Purchase From People Who Are Blind or Severely Disabled.

Provides appropriations to the Corporation for National and Community Service (CNCS) for:

  • Operating Expenses,
  • Payment to the National Service Trust,
  • Salaries and Expenses, and
  • the Office of Inspector General.

(Sec. 401) Requires the CNCS to make any significant changes to program requirements or policy through rulemaking. Prohibits CNCS employees from disclosing specified information during a grant selection process to any person that is not a CNCS employee or authorized to receive the information.

(Sec. 402) Sets forth minimum share requirements for AmeriCorps programs receiving grants under the National Service Trust program.

(Sec. 403) Requires certain donations made to the CNCS to be used to supplement and not supplant current programs and operations.

(Sec. 404) Requires certain education awards at GI bill-eligible institutions to be limited to veterans.

(Sec. 405) Permits State Commissions on National and Community Service established under the National and Community Service Act of 1990 to receive criminal history record information. under the terms of the National Child Protection Act.

Provides appropriations for other related agencies, including:

  • the Corporation for Public Broadcasting,
  • the Federal Mediation and Conciliation Service,
  • the Federal Mine Safety and Health Review Commission,
  • the Institute of Museum and Library Services,
  • the Medicaid and CHIP Payment and Access Commission,
  • the Medicare Payment Advisory Commission,
  • the National Council on Disability, and
  • the National Labor Relations Board.

(Sec. 406) Prohibits the National Labor Relations Board from using funds to provide employees with electronic voting to determine a collective bargaining representative.

Provides appropriations to the National Mediation Board and the Occupational Safety and Health Review Commission.

Provides appropriations to the Railroad Retirement Board for:

  • the Dual Benefits Payments Account,
  • Federal Payments to the Railroad Retirement Accounts,
  • Administration, and
  • the Office of Inspector General.

Provides appropriations to the Social Security Administration (SSA) for:

  • Payments to Social Security Trust Funds,
  • the Supplemental Security Income Program,
  • Administrative Expenses, and
  • the Office of Inspector General.

TITLE V--GENERAL PROVISIONS

(Sec. 501) Permits Labor, HHS, and ED to transfer certain unexpended balances to accounts to be used for the same purposes as the original appropriation.

(Sec. 502) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless otherwise specified.

(Sec. 503) Prohibits the use of funds provided by this division for lobbying and related activities.

(Sec. 504) Limits the official reception and representation expenses of Labor and ED.

(Sec. 505) Requires grantees receiving federal funds provided by this division to clearly state specified details regarding the federal funding and non-governmental funding sources in documents related to federally funded projects.

(Sec. 506) Prohibits funds provided by this division or in any trust fund which received funds in this division from being used for: (1) abortions, or (2) health benefits coverage that includes coverage of abortion.

(Sec. 507) Provides an exception to the prohibition on funding for abortion if: (1) the pregnancy is the result of rape or incest; or (2) a woman suffers from a physical disorder, injury, or illness that would place the woman in danger of death unless an abortion is performed.

Bars the availability of funds to a federal agency or program, or to a state or local government, if it 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.

(Sec. 508) Prohibits the use of funds provided by this division for certain research involving human embryos.

(Sec. 509) Prohibits the use of funds provided by this division for promoting the legalization of controlled substances. Includes an exception when there is medical evidence of a therapeutic advantage to the use of the drug or federally sponsored clinical trials are being conducted to determine therapeutic advantage.

(Sec. 510) Prohibits funds provided by this division from being used for regulations to provide 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) Prohibits funds provided by this division from being used to enter into or renew a contract with a contractor that has not submitted to Labor a required annual report concerning employment of certain veterans.

(Sec. 512) Prohibits the transfer of funds provided by this division to any federal department, agency, or instrumentality, except pursuant to an appropriations Act.

(Sec. 513) Prohibits funds provided by this division from being used for libraries unless they are in compliance with the Children's Internet Protection Act.

(Sec. 514) Sets forth requirements, procedures, and restrictions for the reprogramming of funds.

(Sec. 515) Prohibits the use of funds provided by this division to: (1) require candidates for scientific advisory committees to disclose their political activities, or (2) disseminate information that is deliberately false or misleading.

(Sec. 516) Requires departments and agencies funded in this division to submit operating plans.

(Sec. 517) Requires Labor, HHS, and ED to report to Congress on the number and amounts of contracts, grants, and cooperative agreements awarded on a non-competitive basis.

(Sec. 518) Prohibits the SSA from processing earnings for work performed under a fraudulent Social Security number if the performance of the work has formed the basis of a conviction for violating specified provisions of the Social Security Act.

(Sec. 519) Prohibits the SSA from using funds provided by this division to establish totalization arrangements between the U.S. Social Security system and the social security system of Mexico. (A totalization agreement coordinates the payment of Social Security taxes and benefits for workers who divide their careers between two countries.)

(Sec. 520) Restricts the use of funds provided by this division to purchase sterile needles or syringes for the hypodermic injection of any illegal drug.

(Sec. 521) Requires computer networks of agencies funded by this division to block pornography, subject to an exception for law enforcement activities.

(Sec. 522) Prohibits funds from being provided to the Association of Community Organizations for Reform Now (ACORN) or any of its affiliates, subsidiaries, allied organizations, or successors.

(Sec. 523) Sets forth reporting requirements for spending on conferences.

(Sec. 524) Requires agencies funded by this division to clearly state within the text, audio, or video used for advertising or educational purposes, that the communication is printed, published, or produced and disseminated at U.S. taxpayer expense.

(Sec. 525) Permits funds provided by this division to be used to carry out up to 10 Performance Partnership Pilots that: (1) are designed to improve outcomes for disconnected youth; (2) include communities that have recently experienced civil unrest; and (3) involve federal programs targeted on disconnected youth, or designed to prevent youth from disconnecting from school or work, or that provide education, training, employment, and other related social services.

(Sec. 526) Requires Labor, HHS, ED, and SSA to submit specified reports to Congress on the status of balances of appropriations.

(Sec. 527) Reauthorizes the Special Olympics Sport and Empowerment Act of 2004.

(Sec. 528) Rescinds funds previously provided for the Independent Payment Advisory Board.

(Sec. 529) Prohibits specified amounts in the Child Enrollment Contingency Fund from being obligated during the current fiscal year.

(Sec. 530) Rescinds specified funds previously provided for the Children's Health Insurance (CHIP) Program.

(Sec. 531) Rescinds specified funds from the Children's Health Insurance Program Performance Bonus Fund.

(Sec. 532) Rescinds specified funds from CHIP.

(Sec. 533) Specifies that a provision of the Continuing Appropriations Act, 2017, as amended, that provides additional funding to HHS for programs and activities related to: (1) the care of unaccompanied alien children, and (2) efforts to combat the trafficking of children shall no longer have any force or effect.

Provides that: (1) funds made available, pursuant to the provision, as of the enactment of this division shall remain available through FY2017, and (2) funds made available pursuant to the provision that remain unobligated as of the date of enactment of this division, are rescinded.

Legislative Branch Appropriations Act, 2017

DIVISION I--LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017

The Legislative Branch Appropriations Act, 2017 provides FY2017 appropriations for Congress and the agencies that serve Congress.

It includes funding for the House of Representatives, the Senate, and Joint Items such as the Joint Economic Committee, the Joint Committee on Taxation, and the Office of the Attending Physician.

It also provides appropriations for the Capitol Police, the Office of Compliance, the Congressional Budget Office, the Architect of the Capitol, the Library of Congress, the Government Publishing Office, and the Government Accountability Office.

This division increases discretionary funding for the legislative branch above the FY2016 level.

TITLE I--LEGISLATIVE BRANCH

Provides appropriations to the Senate for:

  • Expense Allowances;
  • Representational Allowances for the Majority and Minority Leaders;
  • Salaries, Officers, and Employees;
  • the Office of the Legislative Counsel of the Senate;
  • the Office of Senate Legal Counsel;
  • 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; and
  • Contingent Expenses of the Senate.

(Sec. 1) Requires that amounts remaining in the Senators' Official Personnel and Office Expense Account be used for deficit reduction or to reduce the federal debt.

(Sec. 2) Amends the Legislative Branch Appropriations Act, 2004 to permit the Senate Commission on Art to transfer funds from the Senate Preservation Fund to the Architect of the Capitol (AOC) for the conservation or restoration by the AOC 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 U.S. Capitol or any Senate Office Building.

Provides appropriations to the House of Representatives for:

  • Salaries and Expenses;
  • House Leadership Offices;
  • Members' Representational Allowances, including Members' Clerk Hire, Official Expenses of Members, and Official Mail;
  • Committee Employees;
  • Salaries, Officers, and Employees; and
  • Allowances and Expenses.

(In this division, the term "Member of the House of Representatives" also includes a Delegate or Resident Commissioner to the Congress.)

(Sec. 101) Requires amounts remaining in Members' Representational Allowances after all payments are made for FY2017 to be used for deficit or debt reduction.

(Sec. 102) Prohibits funds provided by this division from being used to deliver a printed copy of a bill, joint resolution, or resolution to the office of a Member of the House of Representatives unless the Member requests a copy.

(Sec. 103) Prohibits funds provided by this division from being used to deliver a printed copy of the Congressional Record to the office of a Member of the House of Representatives.

(Sec. 104) Prohibits funds provided by this division from being used to make payments from any Members' Representational Allowance to lease a vehicle, excluding mobile district offices, at a rate that exceeds $1,000 for the vehicle in any month.

(Sec. 105) Prohibits funds provided by this division from being used to provide an aggregate number of more than 50 printed copies of any edition of the U.S. Code to all offices of the House of Representatives.

(Sec. 106) Prohibits funds provided by this division from being used to deliver a printed copy of the report of disbursements for the operations of the House of Representatives to the office of a Member of the House of Representatives.

(Sec. 107) Prohibits funds provided by this division from being used to deliver to the office of a Member of the House Representatives a printed copy of the Daily Calendar of the House of Representatives prepared by the Clerk of the House of Representatives.

(Sec. 108) Prohibits funds provided by this division from being used to deliver a printed copy of the Congressional Pictorial Directory to the office of a Member of the House of Representatives.

(Sec. 109) Prohibits funds provided by this division from being used to deliver a printed copy of the House of Representatives Telephone Directory to the office of a Member of the House of Representatives.

(Sec. 110) Permits members of the Capitol Police to travel outside of the United States on official duty if: (1) the 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; and (2) the Sergeant at Arms approves the travel.

Permits the Sergeant at Arms to reimburse the Capitol Police for overtime pay, travel, and related expenses of any member of the Capitol Police who travels pursuant to this section.

(Sec. 111) Prohibits funds provided by this division from being used to deliver a printed copy of the Budget of the U.S. Government; Analytical Perspectives, Budget of the U.S. Government; or the Appendix, Budget of the U.S. Government to the office of a Member of the House of Representatives.

(Sec. 112) Prohibits funds provided by this division from being used to deliver a printed copy of the Federal Register to a Member of the House of Representatives unless the Member requests a copy.

(Sec. 113) Requires any federal entity that provides cybersecurity assistance to the House of Representatives to 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.

Provides appropriations for Joint Items, including:

  • the Joint Economic Committee,
  • the Joint Committee on Taxation,
  • the Office of the Attending Physician, and
  • the Office of Congressional Accessibility Services.

Provides appropriations for:

  • the Capitol Police,
  • the Office of Compliance, and
  • the Congressional Budget Office.

(Sec. 1001) Amends the Legislative Branch Appropriations Act, 2003 to permit the Capitol Police to dispose of forfeited and abandoned property and to accept surplus or obsolete property from other federal agencies.

(Sec. 1101) Permits the CBO to establish and fix the compensation of senior level positions to meet critical scientific, technical, professional, or executive needs. Limits the compensation for the positions to level II of the Executive Schedule.

Provides appropriations to the Architect of the Capitol (AOC) for:

  • Capital Construction and Operations;
  • the Capitol Building;
  • the Capitol Grounds;
  • the Senate Office Buildings;
  • the House Office Buildings;
  • the Capitol Power Plant;
  • the Library Buildings and Grounds;
  • the Capitol Police Buildings, Grounds and Security;
  • the Botanic Garden; and
  • the Capitol Visitor Center.

(Sec. 1201) Prohibits funds provided by this division for the AOC from being used to make incentive or award payments to contractors for work that is behind schedule or over budget, unless the deviations are due to unforeseeable events, government-driven scope changes, or are insignificant within the overall scope of the project or program.

(Sec. 1202) Prohibits funds provided by this division from being used for scrims (coverings for buildings that are being renovated) containing photographs of building facades during restoration or construction projects performed by the AOC.

(Sec. 1203) Establishes a Flag Office Revolving Fund for the AOC to use for expenses in connection with services provided by the Flag Office, including: (1) supplies, inventories, equipment, and other expenses; and (2) reimbursement of any appropriations account for the salaries of employees of the Flag Office.

(Sec. 1204) Permits the AOC to use balances of expired appropriations to reimburse the Federal Employees Compensation Account for unemployment compensation payments to former AOC employees.

(Sec. 1205) Requires the AOC to establish, document, and follow formal procedures for the suspension and debarment of firms or individuals that the AOC has determined should be excluded from future contracts.

(Sec. 1206) Amends the Legislative Branch Appropriations Act, 1977 to provide the AOC with jurisdiction to operate a shuttle service between the House Office Buildings, the O'Neill Building, and the Capitol.

Provides appropriations to the Library of Congress (LOC) for:

  • Salaries and Expenses,
  • the Copyright Office,
  • the Congressional Research Service, and
  • Books for the Blind and Physically Handicapped.

(Sec. 1301) Limits the FY2017 obligational authority of the LOC for reimbursable and revolving fund activities funded from sources other than appropriations.

(Sec. 1302) Establishes the Library of Congress National Collection Stewardship Fund for the LOC to use for: (1) preparing collection materials for long-term storage; and (2) transferring funds to the AOC for designing, constructing, altering, upgrading, and equipping collections preservation and storage facilities for the LOC, or for leasing real property for the preservation and storage of collections.

Provides appropriations to the Government Publishing Office for:

  • Congressional Publishing,
  • Public Information Programs of the Superintendent of Documents, and
  • the Government Publishing Office Business Operations Revolving Fund.

Provides appropriations to:

  • the Government Accountability Office,
  • the Open World Leadership Center Trust Fund, and
  • the John C. Stennis Center for Public Service Training and Development.

TITLE II--GENERAL PROVISIONS

(Sec. 201) Prohibits funds provided by this division from being used for the maintenance or care of private vehicles, except for emergency assistance and cleaning.

(Sec. 202) Prohibits funds provided by this division from remaining available for obligation beyond FY2017 unless expressly provided in this division.

(Sec. 203) Provides that: (1) rates of compensation or designations of offices or positions included in this division that are either not established by the Legislative Pay Act of 1929 or are contrary to that Act are considered permanent law; and (2) provisions in this division for official congressional expenses and clerk hire for Senators and Members of the House of Representatives are permanent law.

(Sec. 204) Limits contracts for certain consulting services to those where expenditures are a matter of public record and available for public inspection.

(Sec. 205) Permits legislative branch entities participating in the Legislative Branch Financial Managers Council to use funds provided for administrative expenses to pay a share of the cost of the council if the total cost shared among all participating entities does not exceed $2,000.

(Sec. 206) Prohibits funds provided by this division from being transferred to any department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to authority provided by an appropriations Act.

(Sec. 207) Prohibits the AOC from using funds provided by this division to eliminate or restrict guided Capitol tours led by congressional employees and interns, subject to an exception permitting tours to be suspended for security or related reasons.

(Sec. 208) Prohibits the use of funds provided by this division for a computer network unless pornography is blocked, with the exception of law enforcement, prosecution, or adjudication activities.

Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017

DIVISION J--DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2017

The Department of State, Foreign Operations, and Related Programs Appropriations Act, 2017 provides FY2017 appropriations for diplomatic and international assistance programs, including the Department of State, the U.S. Agency for International Development (USAID), and related agencies and programs.

This division includes funding for the administration of foreign affairs, U.S. contributions to international organizations and commissions, bilateral economic assistance, international security assistance, multilateral assistance, and export and investment assistance.

The division also includes funding for Overseas and Contingency Operations (OCO), which is exempt from discretionary spending limits. (The Security Assistance Appropriations Act, 2017, which was signed into law on December 10, 2016, also included FY2017 OCO funding for the State Department and USAID.)

Including the OCO funding, the division increases discretionary funding for the Department of State, Foreign Operations, and Related Programs above the FY2016 level. If the OCO funding is excluded, the division decreases base funding below the FY2016 level.

TITLE I--DEPARTMENT OF STATE AND RELATED AGENCY

Provides appropriations to the Department of State for the Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Capital Investment Fund;
  • the Office of Inspector General;
  • Educational and Cultural Exchange Programs;
  • Representation Expenses;
  • Protection of Foreign Missions and Officials;
  • Embassy Security, Construction, and Maintenance;
  • Emergencies in the Diplomatic and Consular Service;
  • the Repatriation Loans Program Account;
  • Payment to the American Institute in Taiwan;
  • the International Center, Washington, District of Columbia; and
  • Payment to the Foreign Service Retirement and Disability Fund.

Provides appropriations for International Organizations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.

Provides appropriations for International Commissions, including:

  • the International Boundary and Water Commission, United States and Mexico;
  • Salaries and Expenses;
  • Construction;
  • American Sections, International Commissions; and
  • International Fisheries Commissions.

Provides appropriations to the Broadcasting Board of Governors for International Broadcasting Operations and Broadcasting Capital Improvements.

Provides appropriations for Related Programs, including:

  • the Asia Foundation,
  • the U.S. Institute of Peace,
  • the Center for Middle Eastern-Western Dialogue Trust Fund,
  • the Eisenhower Exchange Fellowship Program,
  • the Israeli Arab Scholarship Program,
  • the East-West Center, and
  • the National Endowment for Democracy.

Provides appropriations for Other Commissions, including:

  • the Commission for the Preservation of America's Heritage Abroad,
  • the U.S. Commission on International Religious Freedom,
  • the Commission on Security and Cooperation in Europe,
  • the Congressional-Executive Commission on the People's Republic of China, and
  • the United States-China Economic and Security Review Commission.

TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT

Provides appropriations to the U.S. Agency for International Development (USAID) for:

  • Operating Expenses,
  • the Capital Investment Fund, and
  • the Office of Inspector General.

TITLE III--BILATERAL ECONOMIC ASSISTANCE

Provides appropriations to the President for:

  • Global Health Programs;
  • Development Assistance;
  • International Disaster Assistance;
  • Transition Initiatives;
  • the Complex Crises Fund;
  • Development Credit Authority;
  • the Economic Support Fund;
  • the Democracy Fund; and
  • Assistance for Europe, Eurasia, and Central Asia.

Provides appropriations to the State Department for: (1) Migration and Refugee Assistance, and (2) the U.S. Emergency Refugee and Migration Assistance Fund.

Provides appropriations to Independent Agencies, including:

  • the Peace Corps,
  • the Millennium Challenge Corporation,
  • the Inter-American Foundation, and
  • the U.S. African Development Foundation.

Provides appropriations to the Department of the Treasury for International Affairs Technical Assistance.

TITLE IV--INTERNATIONAL SECURITY ASSISTANCE

Provides appropriation to the State Department and the President for International Security Assistance.

Provides appropriations to the State Department for:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs; and
  • Peacekeeping Operations.

Provides appropriations to the President for: (1) International Military Education and Training, and (2) the Foreign Military Financing Program.

TITLE V--MULTILATERAL ASSISTANCE

Provides appropriations for International Financial Institutions, including payments to:

  • the International Bank for Reconstruction and Development, including the Global Environmental Facility;
  • the International Development Association;
  • the Inter-American Development Bank;
  • the Asian Development Fund;
  • the African Development Bank;
  • the African Development Fund;
  • the International Fund for Agricultural Development; and
  • the Global Agriculture and Food Security Program.

TITLE VI--EXPORT AND INVESTMENT ASSISTANCE

Provides appropriations for Export and Investment Assistance to:

  • the Export-Import Bank of the United States,
  • the Overseas Private Investment Corporation, and
  • the Trade and Development Agency.

TITLE VII--GENERAL PROVISIONS

(Sec. 7001) Permits funds provided by title I of this division to be used for allowances and differentials, the employment of temporary or intermittent experts and consultants, and for hire of passenger transportation.

(Sec. 7002) Requires agencies funded by this division to submit to Congress reports on unobligated balances.

(Sec. 7003) Limits expenditures for consulting services to contracts where the 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. 7004) Requires the State Department to notify Congress of each instance in which a federal department or agency is delinquent in providing the full amount of funding required with respect to the share of the costs of constructing and using new diplomatic facilities. Includes an exception for the U.S. Marine Corps.

Prohibits specified funds from being used for site acquisition and mitigation, planning, design, or construction of the new London Embassy in the United Kingdom.

Sets forth reporting requirements for specified projects, including the new Mexico City Embassy and the new Beirut Embassy.

Sets forth congressional notification and consultation requirements with respect to the use of funds for the acquisition of property or award of construction contracts for overseas diplomatic facilities.

Permits Embassy Security, Construction, and Maintenance funds provided by this division to be used to address security vulnerabilities at interim and temporary facilities abroad, subject to specified requirements. Requires congressional notification and consultation prior to the opening, closure, or any significant modification to an interim or temporary diplomatic facility.

Permits specified funds to be transferred to implement the recommendations of the Benghazi Accountability Review Board, or to prevent or respond to security situations and requirements, subject to congressional notification and consultation requirements.

Requires specified Embassy Security, Construction, and Maintenance funds to be used for security upgrades to soft targets, including schools, recreational facilities, and residences used by U.S. diplomatic personnel and their dependents.

Requires specified funds provided for Diplomatic and Consular Programs for Worldwide Security Protection to be used to strengthen oversight of the local guard force at a critical post abroad through the use of U.S. government employees or contractors who are U.S. citizens.

(Sec. 7005) Requires costs incurred by agencies funded in title I of this division due to personnel actions in response to funding reductions included in this division to be absorbed within the resources available under title I. Permits the transfer of funds between accounts to comply with this section, subject to reprogramming procedures.

(Sec. 7006) Requires funds provided by this division for Diplomatic and Consular Programs and the Capital Investment Fund to be used to implement the recommendations contained in the Foreign Assistance Data Review Findings Report and the Office of Inspector General (OIG) report entitled "Department Financial Systems Are Insufficient to Track and Report on Foreign Assistance Funds."

Requires funds provided by this bill for payments to the Working Capital Fund to be used only for service centers and in amounts justified in the President's FY2017 budget.

Requires the State Department to: (1) make certain certifications to Congress regarding compliance with department and federal financial management policies, procedure, and regulations; and (2) report to Congress regarding sole-source awards.

(Sec. 7007) Prohibits the use of funds provided by titles III through VI of this division for direct assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria. Specifies that the prohibition includes direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.

(Sec. 7008) Prohibits the use of funds provided by titles III through VI of this division for assistance to any country whose duly elected head of government is deposed by a military or military-supported coup or decree. Includes exceptions if a democratically elected government has taken office and for assistance to promote democratic elections.

(Sec. 7009) Sets forth limitations, conditions, and reporting requirements for the transfer of funds between appropriations accounts and agencies.

(Sec. 7010) Prohibits funds provided by this division from being used for:

  • first-class travel by employees of agencies funded by this division;
  • to maintain or establish a computer network unless the network blocks pornography, with an exception law enforcement activities; or
  • 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. 7011) Prohibits funds provided by this division from remaining available for obligation beyond the current fiscal year unless expressly provided in this division, subject to specified exceptions.

(Sec. 7012) Prohibits funds provided by titles III through VI of this division from being used for assistance to the government of any country in default in excess of a year on payments on a U.S. loan unless the President determines the assistance is in the U.S. national interest.

(Sec. 7013) Prohibits funds provided by titles III through VI of this division from being used to provide assistance to a country in which the assistance is subject to taxation and not reimbursed by the foreign government unless the State Department makes certain determinations regarding U.S. foreign policy interests. Includes an exception for de minimis taxes.

Requires funds that are withheld pursuant to this section to be reprogrammed for assistance for countries that: (1) do not assess taxes on U.S. assistance or that have an arrangement to provide substantial reimbursement of such taxes, and (2) can reasonably accommodate the assistance in a programmatically responsible manner.

(Sec. 7014) Permits specifically designated appropriations provided by titles III through VI of this division to be reprogrammed for other programs within the same account if compliance with the designation is made impossible due to a provision in this or any other Act.

Extends the availability of program-specific appropriations for one fiscal year if the State Department or the USAID reports to Congress that the termination of assistance to a country or a change in circumstances makes it unlikely that funds can be used during the original period of availability.

Provides that: (1) ceilings and specific funding levels included in this division are not applicable to funds provided by subsequent bills, and (2) specific funding levels or minimum funding requirements contained in other Acts are not applicable to funds provided by this division.

(Sec. 7015) Sets forth congressional notification requirements and procedures regarding the use, reprogramming, transfer, or withholding of funds provided by this division.

(Sec. 7016) Requires the Department of Defense (DOD) to notify Congress before: (1) providing certain excess defense articles under the Foreign Assistance Act of 1961, or (2) issuing a letter of offer to sell certain defense articles under the Arms Export Control Act.

(Sec. 7017) Provides that: (1) certain funds included in titles I and III through V of this division that are returned or not made available for international organizations shall remain available through FY2019, and (2) specified requirements to withhold funds for programs in Burma (Myanmar) do not apply to funds provided by this division.

(Sec. 7018) Prohibits funds provided to carry out part I of the Foreign Assistance Act of 1961 from being used for abortions and involuntary sterilization.

(Sec. 7019) Requires funds provided by this division to be made available for programs and countries in the amounts contained in the tables in the explanatory statement accompanying this bill. Permits certain deviations from the amounts and specifies requirements and restrictions for the deviations.

(Sec. 7020) Prohibits certain funds from being used to pay for alcoholic beverages or entertainment expenses for recreational activities.

(Sec. 7021) Prohibits assistance for governments engaged in specified activities that support international terrorism.

(Sec. 7022) Permits funds provided by this division for the Trade and Development Agency to be spent, notwithstanding specified provisions that prohibit the obligation of funds for certain foreign assistance, intelligence, and broadcasting activities without a specific authorization of appropriations.

(Sec. 7023) Defines the terms "program," "project," and "activity" for the purposes of this division.

(Sec. 7024) Provides authority for activities of the Peace Corps, the Inter-American Foundation, and the U.S. African Development Foundation that are authorized by or conducted under specified statutes.

(Sec. 7025) Prohibits specified funds provided by this division from being used for activities related to the production, growth, or extraction of any commodity for export by foreign countries if the commodity is likely to be in surplus on world markets and if the assistance will cause substantial injury to U.S. producers of the same, similar, or competing commodity, subject to specified exceptions.

Prohibits specified funds provided by this division from being used for or any testing or breeding feasibility study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or production in a foreign country of an agricultural commodity for export which would compete with a similar commodity grown or produced in the United States. Specifies exceptions.

Directs Treasury to instruct the U.S. executive directors of the international financial institutions to oppose assistance 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.

(Sec. 7026) Directs the USAID to require countries that receive foreign assistance or cash transfers which result in the generation of local currencies to deposit the currencies in a separate account to be used to finance foreign assistance activities. Sets forth conditions and restrictions for the use of the funds.

(Sec. 7027) Provides that restrictions on assistance for a country included in this or any other Act should not be construed to restrict assistance: (1) in support of nongovernmental organizations included in specified provisions of this division, and (2) under the Food for Peace Act.

Provides that this section does not alter prohibitions against funding for abortions, involuntary sterilizations, and countries that support international terrorism or violate human rights.

(Sec. 7028) Sets forth the conditions under which the USAID may use funds provided by this division for limited competitions through local entities.

Requires the USAID to report to Congress annually on certain awards subject to limited or no competition for local entities.

Extends the authority for the USAID to enter into contracts where competition is limited to local entities if certain conditions are met.

(Sec. 7029) Requires the Department of the Treasury to instruct the U.S. executive director of certain international financial institutions to seek to require the institution to meet specified requirements regarding:

  • evaluations and reports on the effectiveness of loans, grants, and other activities;
  • social and environmental safeguards;
  • human rights;
  • fraud and corruption;
  • publication of beneficial ownership information; and
  • whistle-blower protections.

Prohibits funds provided under title V of this division from being used for international financial institutions while the U.S. executive director is compensated above specified levels.

(Sec. 7030) Permits nongovernmental organizations that are USAID grantees or contractors to place local currencies which accrue to the organization as a result of economic assistance provided by title III of this division in interest bearing accounts in order to enhance the organization's participation in debt-for-development and debt-for-nature exchanges.

(Sec. 7031) Limits direct government-to-government assistance to recipient agencies and ministries that meet specified requirements regarding financial management, budget transparency, corruption, foreign terrorist organizations, and human rights violations. Sets forth congressional reporting, notification, consultation requirements regarding government-to-government assistance. Prohibits funds provided by this division from being used by foreign countries for debt service payments to any international financial institution.

Prohibits funds provided by this division from being used by foreign countries for debt service payments to any international financial institution.

Specifies that officials of foreign governments and their immediate family members who have been involved in significant corruption or a gross violation of human rights are ineligible for entry into the United States, subject to specified exceptions and waivers.

Permits funds provided by this division to be used to:

  • promote and support transparency and accountability of expenditures and revenues related to the extraction of natural resources,
  • prevent the sale of conflict diamonds,
  • provide technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management, and
  • to support the provision of additional information on U.S. foreign assistance on the Department of State foreign assistance website.

Requires Treasury to inform international financial institutions that it is U.S. policy to vote against assistance to any country for the extraction and export of a natural resource unless the government of the country meets specified requirements regarding accounting, public disclosure, and audits of payments to companies involved in the extraction.

(Sec. 7032) Provides specified funds for democracy programs and specifies requirements for the allocation of the funds.

(Sec. 7033) Provides appropriations for specified programs related to promoting international religious freedom, including:

  • the Office of International Religious Freedom;
  • the Special Envoy to Promote Religious Freedom of Religious Minorities in the Near East and South Central Asia;
  • the development and implementation of an international religious freedom curriculum;
  • programs to protect vulnerable and persecuted religious minorities and investigate persecution of religious minorities;
  • humanitarian programs;
  • international broadcasting; and
  • atrocities prevention.

Requires the President to designate and report to Congress regarding certain non-state actors that have engaged in particularly severe violations of religious freedom.

(Sec. 7034) Permits specified funds provided by this division to be used for:

  • victims of war, displaced children, displaced Burmese, and to combat trafficking in persons and assist victims of such trafficking;
  • programs to disarm, demobilize, and reintegrate into civilian society former members of foreign terrorist organization;
  • the World Food Program;
  • genocide victims memorial sites;
  • 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;
  • innovation incentive awards to encourage solutions related to the alleviation of poverty;
  • facilitating collaboration with indigenous communities;
  • the Cultural Antiquities Task Force;
  • contingencies;
  • the Small Grants Program;
  • loan guarantees for Jordan, Ukraine, Iraq, and Tunisia; and
  • enterprise funds for Egypt and Tunisia.

Prohibits funds provided by this division from being used for:

  • supporting military training or operations that include child soldiers; and
  • 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.

Prohibits funds provided by titles I and III of this division from being used for the preservation of religious sites unless the State Department or the USAID determines and reports to Congress that the sites are historically, artistically, or culturally significant; the purpose of the project is neither to advance nor to inhibit the free exercise of religion; and that the project is in the U.S. national interest.

Requires specified funds provided by this division to be used for:

  • forensic anthropology assistance relating to the exhumation of mass graves and identification of victims of war crimes and crimes against humanity, including in Iraq, Guatemala, and Sri Lanka;
  • DNA forensic technology programs to combat human trafficking in Central America and Mexico;
  • assistance to eliminate inhumane conditions in foreign prisons and other detention facilities;
  • increasing international participation in the Proliferation Security Initiative;
  • the Program for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union; and
  • the Partner Vetting System pilot program.

Permits specified funds provided under the Foreign Assistance Act of 1961 to support a nation emerging from instability to include support for a regional, district, municipal, or other sub-national entity emerging from instability.

Requires the State Department to report to Congress on funds spent during FY2016 for specified accounts related to security assistance.

Requires specified Foreign Military Financing Program funds to be used to increase the efficiency and effectiveness of sales programs authorized by the Arms Export Control Act.

Requires the State Department to withhold specified funds 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.

Permits the State Department to transfer specified funds provided for Protection of Foreign Missions and Officials and Diplomatic and Consular Programs.

Directs the State Department to implement the requirement of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008 that A-3 and G-5 visas to applicants of a diplomatic mission or international organization be suspended if its employees are found to have a record of exploiting nonimmigrant employees holding the visas.

Extends or provides authorities related to:

  • passport fees;
  • incentives for critical posts;
  • the USAID civil service annuitant waiver;
  • overseas pay comparability and limitation;
  • refugee set-asides for nationals of the former Soviet Union, Estonia, Latvia, or Lithuania who are current, active members of the Ukrainian Catholic Church or the Ukrainian Orthodox Church;
  • status to a lawfully admitted permanent resident for certain aliens from the former Soviet Union, Estonia, Latvia, Lithuania, Vietnam, Laos, or Cambodia;
  • the inspector general annuitant waiver; and
  • war reserves stock pile authority.

Amends the Foreign Service Act of 1980 to prohibit the group life insurance supplement employee benefit paid or scheduled to be paid under current law from being used to reduce any other payment to which a recipient is otherwise eligible under federal law.

Requires the State Department or USAID to submit a specified report to Congress prior to implementing any reorganization.

Requires specified funds provided by this bill for monitoring and evaluation of assistance in the International Disaster Assistance and Migration and Refugee Assistance accounts to be used for the regular collection of feedback obtained directly from beneficiaries.

Permits funds available in the HIV/AIDS Working Capital Fund to be used for pharmaceuticals and other products for child survival, malaria, and tuberculosis to the same extent as HIV/AIDS pharmaceuticals and other products.

(Sec. 7035) Expresses the sense of Congress on the Arab League boycott of Israel.

(Sec. 7036) Establishes limitations on the use of funds provided under titles III through VI of this division to support a Palestinian state.

(Sec. 7037) Restricts the use of funds provided by titles II through VI of this division to create a U.S. government office in Jerusalem to conduct U.S. 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.

(Sec. 7038) Prohibits funds from being used for assistance to the Palestinian Broadcasting Corporation.

(Sec. 7039) Sets forth restrictions and requirements for assistance provided for the West Bank and Gaza.

(Sec. 7040) Restricts the use of specified funds provided by this division for assistance to the Palestinian Authority or Hamas.

(Sec. 7041) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in the Middle East and North Africa, including:

  • Egypt,
  • Iran,
  • Iraq,
  • Israel,
  • Jordan,
  • Lebanon,
  • Libya,
  • Morocco,
  • Refugee Assistance in North Africa,
  • Syria,
  • Tunisia, and
  • the West Bank and Gaza.

(Sec. 7042) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in Africa, including:

  • the African Great Lakes region,
  • addressing the terrorist organization Boko Haram,
  • the Central African Republic,
  • Ethiopia,
  • the Lake Chad Basin Countries,
  • areas affected by the Lord's Resistance Army,
  • Malawi,
  • the Power Africa Initiative,
  • South Sudan,
  • Sudan, and
  • Zimbabwe.

(Sec. 7043) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in East Asia and the Pacific, including:

  • the Asia Rebalancing Initiative,
  • Burma,
  • Cambodia,
  • North Korea,
  • the People's Republic of China,
  • the Philippines,
  • Tibet, and
  • Vietnam.

(Sec. 7044) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in South and Central Asia, including:

  • Afghanistan,
  • Nepal,
  • Pakistan,
  • Sri Lanka, and
  • regional programs.

(Sec. 7045) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in Latin America and the Caribbean, including:

  • implementing the U.S. Strategy for Engagement in Central America;
  • El Salvador, Guatemala, and Honduras;
  • Colombia; and
  • Haiti.

(Sec. 7046) Requires specified funds to be made available for assistance for Ukraine, including the cost of certain loan guarantees.

Prohibits funds provided by this division from being made available for a government of an independent state of the former Soviet Union that directs any action in violation of the territorial integrity or national sovereignty of any other independent state of the former Soviet Union, subject to a waiver for national security.

Specifies exceptions to restrictions on providing assistance to the government of Azerbaijan.

(Sec. 7047) Permits the President to draw down specified funds to support U.N. war crimes tribunals or commissions resolving charges regarding genocide or other violations of international humanitarian law.

(Sec. 7048) Limits the use of funds provided by this division for contributions to the U.N. or the Organization of American States until specified transparency and accountability measures are taken by the organizations, subject to a waiver for a humanitarian crisis.

Prohibits funds provided by this division from being used for:

  • any U.S. delegation or contribution to any specialized agency, body, or commission of the U.N. that is chaired or presided over by a country that supports international terrorism;
  • the U.N. Human Rights Council unless the State Department determines and reports to Congress that participation in the council is in the U.S. national security interest and that the council is taking significant steps to remove Israel as a permanent agenda item; and
  • the design, renovation, or construction of the U.N. Headquarters in New York.

Prohibits funds provided by this division for Migration and Refugee Assistance from being used for the U.N. Relief and Works Agency (UNRWA) until the State Department makes specified certifications to Congress regarding the activities of the UNWRA, subject to a waiver for a humanitarian crisis.

Requires the State Department to report to Congress on funds available for contributions to any organization, department, agency, or program within the U.N. system or any international program that are withheld due to any provision of law.

Requires funds provided by this division to be used to submit to Congress a strategy and implementation plan for combating sexual exploitation and abuse in U.N. peacekeeping operations. Requires the objectives of the strategy to include the adoption of a U.N. policy requiring the mandatory repatriation from a 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.

Requires the State Department to withhold assistance to any unit of the security forces of a foreign country if the unit has engaged in acts of sexual exploitation or abuse, until the government of the country takes effective steps to bring the responsible members of the security forces to justice and to prevent future incidents.

Prohibits fund provided by titles III through VI of this division from being used for certain payments to U.N. members for assessments, arrearages, dues, or the costs for participation of another country's delegation at international conferences held under the auspices of multilateral or international organizations.

Requires the State Department to submit to Congress a report on arrears that the United States owes to the U.N. and other international organizations.

(Sec. 7049) Permits funds provided by titles III and IV of this division to be used 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.

(Sec. 7050) Permits funds provided by this division for the Economic Support Fund to be used for USAID programs to address the needs and protect and promote the rights of people with disabilities in developing countries.

(Sec. 7051) Prohibits the use of funds provided by this division for the attendance of more than 50 U.S.-stationed employees at any single conference outside the United States unless Congress is notified in advance that attendance is important to the national interest.

(Sec. 7052) Permits the transfer of certain aircraft between programs, including for the transportation of active and standby Civilian Response Corps personnel and equipment. Specifies requirements for aircraft coordination.

(Sec. 7053) Withholds specified assistance from foreign countries with unpaid property taxes or parking fines and penalties in the District of Columbia or New York City.

(Sec. 7054) Permits demining equipment available to the State Department or the USAID and used for the clearance of landmines and unexploded ordnance for humanitarian purposes to be disposed of on a grant basis in foreign countries. Restricts furnishing military assistance, issuing export licenses, and transferring or selling technology relating to cluster munitions.

(Sec. 7055) Prohibits funds provided by this division from being used for publicity or propaganda purposes within the United States that were not authorized before the enactment of this division. Permits the USAID to use specified funds to provide assistance to private and voluntary organizations engaged in facilitating public discussion of world hunger and other related issues.

(Sec. 7056) Requires the Secretary of State, under the direction of the President, to be responsible for: (1) the continuous supervision and general direction of economic assistance, law enforcement and justice sector assistance, military assistance, and military education and training programs; and (2) coordinating all assistance provided by the U.S. government to support international efforts to combat illicit narcotics production or trafficking.

(Sec. 7057) Permits the USAID to use specified funds provided by this division for:

  • hiring individuals in the United States and overseas on a limited appointment basis, subject to specified terms and conditions;
  • individuals detailed or employed to USAID to respond to disasters;
  • hiring personal services contractors in the United States to support new or expanded overseas programs and activities managed by the agency until permanent direct hire personnel are hired and trained.

Permits extensions of up to four years for limited-appointment Foreign Service personnel.

Permits the USAID to provide exceptions to the fair opportunity process for placing task orders under multiple award indefinite-quantity contracts when the order is placed with a small or small disadvantaged business.

Continues the authority for the USAID to appoint into the Senior Foreign Service and employ up to 10 individuals for programs in Afghanistan or Pakistan.

(Sec. 7058) Permits funds provided by this division for bilateral assistance for child survival activities or disease programs, including activities relating to HIV/AIDS, to 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.

Requires specified funds to be used for family planning and reproductive health.

Withholds specified funds from the Global Fund to Fight AIDS, Tuberculosis, and Malaria until the State Department reports to Congress that the fund is:

  • implementing a policy of transparency,
  • providing resources to maintain an independent Office of Inspector General,
  • protecting whistle-blowers from retaliation, and
  • implementing recommendations contained in the Consolidated Transformation Plan.

Permits specified funds to be used to combat infectious disease or a public health emergency, if an international infectious disease outbreak is sustained, severe, and is spreading internationally, or it is in the national interest to respond to a Public Health Emergency of International Concern.

(Sec. 7059) Provides specified funds for programs related to:

  • gender equality;
  • increasing leadership opportunities for women;
  • preventing and responding to gender-based violence; and
  • empowering women as equal partners in conflict prevention, peace building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition;
  • ensuring the equitable provision of relief and recovery assistance to women and girls; and
  • supporting women and girls at risk from extremism.

Requires the State Department to submit to Congress 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.

(Sec. 7060) Allocates specified funds for:

  • basic and higher education,
  • development programs,
  • environment programs
  • food security and agricultural development,
  • programs to combat trafficking in persons, and
  • water and sanitation.

(Sec. 7061) Permits specified funds provided by title III of this bill to be transferred to the Overseas Private Investment Corporation Account. Prohibits the funds from being used for administrative expenses.

(Sec. 7062) Prohibits funds provided by this division from being used to implement the Arms Trade Treaty until the Senate ratifies the treaty.

(Sec. 7063) Requires agencies funded by this division to provide an Inspector General with timely access to all records, documents, and other materials. Requires each Inspector General funded by this division to: (1) comply with statutory limitations on the disclosure of information provided by departments and agencies, and (2) report to Congress regarding failures by any U.S. department or agency to provide its Inspector General with access to all requested records, documents, and other materials.

(Sec. 7064) Requires the State Department to notify Congress after concluding an agreement with a country to receive individuals detained at U.S. Naval Station, Guantanamo Bay, Cuba (Guantanamo). Requires the notification to include the terms of the agreement, including whether appropriations will be used. Requires the State Department to report to Congress regarding negotiations with foreign governments regarding the transfer of individuals detained at Guantanamo.

(Sec. 7065) Prohibits funds provided by this division from being used to make any pledge for future year funding for multilateral or bilateral programs funded in titles III through VI unless the pledge was justified in a congressional budget justification, the pledge was included in an appropriations Act, and congressional notification or consultation requirements have been met.

(Sec. 7066) Prohibits funds provided by this division from being used to support or justify the use of torture, cruel, or inhumane treatment by any official or contract employee of the U.S. government.

Permits specified funds provided by titles III and IV of this division to be used for assistance to eliminate torture by foreign police, military or other security forces in countries receiving assistance from funds appropriated by this division.

(Sec. 7067) Prohibits the use of funds provided by this division to assist the governments of certain countries that have refused to extradite to the United States any individual indicted for: (1) a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole, or (2) killing a law enforcement officer. Specifies exceptions and permits the State Department to waive the restrictions based on the national interest.

(Sec. 7068) Permits financing to be provided to Israel, Egypt, the North Atlantic Treaty Organization (NATO), and major non-NATO allies for commercial leasing of certain defense articles from U.S. commercial suppliers, if the President determines that there are compelling foreign policy or national security reasons for providing the articles by commercial lease rather than by government-to-government sale.

(Sec. 7069) Requires any bilateral country assistance strategy developed after the date of enactment of this division to include a transition plan identifying end goals and options for winding down the bilateral assistance within a targeted period of years.

(Sec. 7070) Prohibits funds provided by this division from being used for assistance for the central government of: (1) the Russian Federation, or (2) a country that has taken affirmative steps intended to support the Russian Federation annexation of Crimea. Permits a waiver for the national interest.

Prohibits funds provided by this division from being used for:

  • implementation of any action or policy that recognizes the sovereignty of the Russian Federation over Crimea;
  • facilitation, financing, or guarantee of U.S. government investments in Crimea if the activity includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities; or
  • assistance for Crimea that includes the participation of Russian government officials, and Russian owned and controlled banks or financial entities.

Requires Treasury to instruct the U.S. executive directors of each international financial institution to vote against assistance for any program that violates the sovereignty or territorial integrity of Ukraine.

Specifies that the requirements and limitations described above shall cease to be in effect if the government of Ukraine has reestablished sovereignty over Crimea.

Prohibits funds provided by this division from being used for: (1) assistance for the central government of a country that has recognized the independence of, or has established diplomatic relations with, the Russian occupied Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia, or (2) support for the Russian occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South Ossetia.

Requires Treasury to instruct the U.S. executive directors of each international financial institution to vote against any assistance by such institution for any program that violates the sovereignty and territorial integrity of Georgia.

Requires specified funds to be used for assistance to counter Russian influence and aggression in countries in Europe and Eurasia. Requires the funds to be referred to as the Countering Russian Influence 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.

Permits funds provided by this division for assistance to the Eastern Partnership countries to be used to advance the implementation of Association Agreements and trade agreements with the European Union (EU), and to reduce their vulnerability to external economic and political pressure from Russia.

Permits funds provided by this division to be used to support the advancement of democracy and the rule of law in the Russian Federation, including promoting Internet freedom.

(Sec. 7071) Extends certain International Monetary Fund (IMF) transparency, accountability, and lending requirements to this division. Directs Treasury to instruct the U.S. Executive Director of the IMF to ensure that any loan will be repaid to the IMF before other private creditors.

(Sec. 7072) Specifies funds that may be obligated for the purposes of the Special Defense Acquisition Fund, including the provision of defense articles and defense services to foreign countries or international organizations.

(Sec. 7073) Requires the State Department to submit to Congress a strategy to counter and defeat violent extremism and foreign fighters abroad. Permits funds provided by titles III and IV of this bill to be used to implement the strategy.

Requires funds provided for Development Assistance and the Economic Support Fund to be made available for programs in countries affected by significant populations of internally displaced persons or refugees to:

  • expand and improve host government social services and basic infrastructure,
  • alleviate the social and economic strains placed on host communities,
  • improve coordination of assistance, and
  • leverage increased assistance from donors other than the United States.

(Sec. 7074) Prohibits funds provided by titles III through VI of this division from being used for Enterprise Funds unless Congress is notified in advance. Establishes reporting requirements related to Enterprise Funds.

(Sec. 7075) Requires the head of the relevant agency to notify Congress if the President decides not to comply with any provisions of this division based on constitutional grounds. Requires the notification to include: (1) the basis for the determination, and (2) any resulting program and policy changes.

(Sec. 7076) Sets forth requirements for operating and reorganization plans, spending plans, spending reports, and congressional budget justifications for agencies funded by this division.

(Sec. 7077) Requires agencies to post reports required to be submitted to Congress on their public websites if it is in the national interest, subject to exceptions for national security or proprietary, privileged, or sensitive information.

Prohibits funds provided by this division from being used for email accounts or email servers created outside of the .gov domain or not fitted for automated records management as part of a federal government records management program. Establishes reporting and other requirements related to federal records management.

(Sec. 7078) Provides specified funds to be used for programs to promote Internet freedom globally, subject to specified requirements.

(Sec. 7079) Prohibits funds provided by titles III through VI of this division from being used for:

  • any financial incentive to a business for purposes of inducing it to relocate outside the United States if it will reduce the number of U.S. employees,
  • assistance for any program that contributes to the violation of internationally recognized workers' rights in the recipient country,
  • any assistance to an entity outside the United States for the purpose of relocating or transferring jobs from the United States to other countries, or
  • to implement specified policies that would have the effect of prohibiting any coal-fired or other power-generation project the purpose of which is to increase exports of goods and services from the United States or prevent the loss of jobs in the United States.

(Sec. 7080) Requires specified funds provided by this division for assistance to Syria, Iraq, and Somalia to be transferred to the U.S. Institute of Peace to develop a comprehensive plan to prevent the underlying causes of extremism in fragile states in the Sahel, Horn of Africa, and the Near East.

(Sec. 7081) Establishes the Consular and Border Security Programs account within the Treasury and requires specified fees to be deposited into the account to be used for consular border and security programs.

(Sec. 7082) Provides appropriations for the U.N. Population Fund and specifies requirements and restrictions for the funds. Prohibits the funds from being used for a country program in the People's Republic of China.

(Sec. 7083) Amends the Afghan Allies Protection Act, 2009 to provide additional visas for the Afghan Special Immigration Visa Program. Rescinds specified funds from the Economic Support Fund.

TITLE VIII--OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON TERRORISM

Provides additional FY2017 appropriations for Overseas Contingency Operations/ Global War on Terrorism, which are exempt from discretionary spending limits.

Provides appropriations to the State Department for Administration of Foreign Affairs, including:

  • Diplomatic and Consular Programs;
  • the Office of Inspector General; and
  • Embassy Security, Construction, and Maintenance.

Provides appropriations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.

Provides appropriations to the Broadcasting Board of Governors for International Broadcasting Operations.

Provides appropriations to the USAID for Operating Expenses.

Provides appropriations for Bilateral Economic Assistance, including:

  • International Disaster Assistance;
  • Transition Initiatives;
  • the Complex Crises Fund;
  • the Economic Support Fund;
  • Assistance for Europe, Eurasia, and Central Asia.
  • Migration and Refugee Assistance; and
  • the U.S. Emergency and Migration Assistance Fund.

Provides appropriations for International Security Assistance, including:

  • International Narcotics Control and Law Enforcement;
  • Nonproliferation, Anti-Terrorism, Demining, and Related Programs; and
  • Peacekeeping Operations.

(Sec. 8001) Specifies that funds provided by this title are in addition to other FY2017 funds provided by this division.

(Sec. 8002) Specifies that funds provided by this title are subject to the same authorities and conditions that are otherwise applicable to the appropriations accounts, unless otherwise noted.

(Sec. 8003) Specifies transfer authorities for funds provided by this title.

(Sec. 8004) Makes specified funds 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.

Requires funds provided by this division for Nonproliferation, Anti-terrorism, Demining and Related Programs to be made available for the Counterterrorism Partnerships Fund 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.

(Sec. 8005) Transfers specified funds to the Foreign Agricultural Service Food for Peace Title II Grants account and USAID for famine prevention, relief, and mitigation. Permits the USAID funds to be transferred for Migration and Refugee Assistance.

Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017

DIVISION K--TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

The Transportation, Housing and Urban Development, and Related Agencies Appropriations Act, 2017 provides FY2017 appropriations for the Department of Transportation (DOT), the Department of Housing and Urban Development (HUD), and several related agencies.

The division includes both discretionary and mandatory funding. The HUD budget is primarily discretionary spending, and most of the DOT budget is mandatory spending, in the form of contract authority from the Highway Trust Fund (HTF).

This division increases discretionary funding for Transportation, Housing and Urban Development, and Related Agencies above FY2016 levels.

Department of Transportation Appropriations Act, 2017

TITLE I--DEPARTMENT OF TRANSPORTATION

Provides FY2017 appropriations for the Department of Transportation (DOT).

Provides appropriations for the Office of the Secretary, including:

  • Salaries and Expenses;
  • Research and Technology;
  • National Infrastructure Investments (also known as TIGER grants);
  • the National Surface Transportation and Innovative Finance Bureau;
  • Financial Management Capital;
  • Cyber Security Initiatives;
  • the Office of Civil Rights;
  • Transportation Planning, Research, and Development;
  • the Working Capital Fund;
  • the Minority Business Resource Center Program;
  • Small and Disadvantaged Business Utilization and Outreach; and
  • Payments to Air Carriers.

(Sec. 101) Prohibits DOT from approving assessments or reimbursable agreements pertaining to funds appropriated to the modal administrations in this division except for activities underway on the date of enactment, unless the reprogramming process has been completed.

(Sec. 102) Permits DOT to use the Working Capital Fund to provide payments in advance and accept subsequent reimbursements from all federal agencies for transit benefit distribution services that are necessary to carry out the federal transit pass transportation fringe benefit program.

(Sec. 103) Requires DOT to: (1) post on its website the schedule and agenda for all meetings of the Council on Credit and Finance, and (2) require the council to record the decisions and actions of each meeting.

Provides appropriations to the Federal Aviation Administration (FAA) for:

  • Operations;
  • Facilities and Equipment;
  • Research, Engineering, and Development; and
  • Grants-In-Aid For Airports.

Prohibits funds provided by this division from being used for:

  • new applicants for the second career training program,
  • new unauthorized aviation user fees, or
  • aeronautical charting and cartography activities through the Working Capital Fund.

Permits funds received from specified public, private, and foreign sources for expenses incurred to be credited to the appropriation.

(Sec. 110) Limits technical staff-years under the federally funded research and development center contract between the FAA and the Center for Advanced Aviation Systems Development.

(Sec. 111) Prohibits the FAA from requiring airport sponsors to provide the FAA without cost building construction, maintenance, utilities and expenses, or space in sponsor-owned buildings for air traffic control, air navigation, or weather reporting.

Specifies that the prohibition does not apply to negotiations between the FAA 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) Permits the FAA to reimburse amounts made available from certain fees to carry out the Essential Air Service program, which was established to ensure that small communities have a minimum level of air service.

(Sec. 113) Permits amounts collected by the FAA for providing technical assistance to foreign aviation authorities to be credited to the Operations account.

(Sec. 114) Prohibits the FAA from paying Sunday premium pay except if an individual worked on a Sunday.

(Sec. 115) Prohibits the FAA from using funds provided by this division to purchase a store gift card or gift certificate using a government-issued credit card.

(Sec. 116) Prohibits funds provided by this division from being used for retention bonuses for FAA employees without prior approval of the Assistant Secretary for Administration of DOT.

(Sec. 117) Requires the FAA, upon the request of an owner or operator, to block the display of the owner's or operator's aircraft registration number in the Aircraft Situational Display to Industry program.

(Sec. 118) Prohibits funds provided by this division from being used to pay the salaries and expenses of more than nine political and presidential FAA appointees.

(Sec. 119) Prohibits funds provided by this division from being used to increase fees for navigation products until the FAA provides Congress with a justification for all fees for aeronautical navigation products.

(Sec. 119A) Requires the FAA to notify Congress prior to closing a regional operations center or reducing the services it provides.

(Sec. 119B) Prohibits funds provided by this division from being used to change weight restrictions or prior permission rules at Teterboro Airport in New Jersey.

(Sec. 119C) Prohibits the FAA from withholding consideration and approval of any application for participation in the Contract Tower Program, including applications from cost-share program participants, if the tower meets the criteria included in the FAA report entitled "Establishment and Discontinuance Criteria for Airport Traffic Control Towers."

(Sec. 119D) Permits airports that met the 10,000 enplanement qualification for Airport Improvement Program (AIP) funds in calendar year 2012 to continue to receive AIP funds in FY2017.

(Sec. 119E) Modifies the federal share of project costs for a primary non-hub airport located in a public lands state within 15 miles from the border of another public lands state to use the greater of the two states' federal shares.

(Sec. 119F) Modifies requirements regarding the use of funds for runway safety repairs.

Provides funding from the Highway Trust Fund (HTF) to the Federal Highway Administration (FHWA) for Administrative Expenses and Federal-Aid Highways.

Rescinds specified balances of unused contract authority from the HTF.

(Most of DOT's budget is mandatory budget authority rather than discretionary budget authority. The mandatory budget authority is primarily in the form of contract authority derived from the Highway Trust Fund (HTF). Contract authority is the authority to obligate funds in advance of an appropriation Act.

Spending from the HTF is determined both by authorization bills and appropriations bills. Authorization bills provide contract authority for highway programs, and appropriations bills include obligation limitations that determine how much of the contract authority may be used in a given year.)

(Sec. 120) Specifies allocations and requirements for distributing obligation authority from the HTF among federal-aid highway programs.

(Sec. 121) Credits funds received by the Bureau of Transportation Statistics from the sale of data products to the Federal-Aid Highways account to reimburse the bureau for expenses.

(Sec. 122) Requires DOT to transfer specified highway funds from Virginia and the District of Columbia to the National Park Service to fund certain bridge projects eligible for the Federal Lands Transportation Program.

(Sec. 123) Requires DOT to: (1) provide an informal public notice and comment opportunity prior to waiving the Buy America requirement for federal-aid highway projects, and (2) report to Congress annually on waivers.

(Sec. 124) Requires DOT to notify Congress prior to providing credit assistance under the Transportation Finance and Innovation Act (TIFIA) program, which provides credit to finance surface transportation projects of national and regional significance.

Provides funding from the HTF to the Federal Motor Carrier Safety Administration (FMCSA) for: (1) Motor Carrier Safety Operations and Programs, and (2) Motor Carrier Safety Grants.

(Sec. 125) Requires DOT to notify Congress 60 days in advance before making grants for nationally significant freight and highway projects (FASTLANE grants).

(Sec. 130) Directs the FMCSA to require certain Mexican motor carriers to meet specified safety requirements when applying to operate beyond U.S. municipalities and commercial zones on the U.S.-Mexico border.

(Sec. 131) Requires the FMCSA to send notice of violations of certain safety procedures and regulations that could require expedited safety audits, compliance reviews, or corrective actions using certified mail, registered mail, or another manner of delivery, which records the receipt of the notice by the persons responsible for the violation.

(Sec. 132) Prohibits funds for Motor Carrier Safety Operations and Programs from being used for a wireless roadside inspection program until after DOT makes specified certifications to Congress.

Provides appropriations to the National Highway Traffic Safety Administration (NHTSA) for Operations and Research.

Provides funding from the HTF to NHTSA for Operations and Research and Highway Traffic Safety Grants.

(Sec. 140) Provides additional funding to NHTSA for travel and related expenses associated with state management reviews and core competency development training for highway safety staff.

(Sec. 141) Exempts from the current fiscal year's obligation limitation for NHTSA programs any obligation authority that was made available in previous public laws and has not lapsed or been used.

(Sec. 142) Prohibits funds provided by this division from being used for NHTSA's National Roadside Survey.

(Sec. 143) Prohibits funds provided by this division from being used to mandate global positioning system tracking without fully considering privacy concerns.

Provides appropriations to the Federal Railroad Administration (FRA) for:

  • Safety and Operations,
  • Railroad Research and Development,
  • the Railroad Rehabilitation and Improvement Financing Program,
  • Federal-State Partnership for State Of Good Repair Grants,
  • Consolidated Rail Infrastructure and Safety Improvements Grants,
  • Restoration and Enhancement Grants,
  • Northeast Corridor Grants to the National Railroad Passenger Corporation (Amtrak), and
  • National Network Grants to Amtrak.

(Sec. 150) Limits overtime for Amtrak employees. Permits Amtrak to waive the limit for specific employees due to safety or operational efficiency reasons. Requires Amtrak to report to Congress on waivers granted and overtime payments incurred.

Provides appropriations to the Federal Transit Administration (FTA) for:

  • Administrative Expenses,
  • Technical Assistance and Training,
  • Capital Investment Grants, and
  • Grants to the Washington Metropolitan Area Transit Authority.

Provides funding from the HTF to the FTA for Transit Formula Grants.

(Sec. 160) Exempts previously made transit obligations from limitations on obligations.

(Sec. 161) Permits FTA Fixed Guideway Capital Investment funds for projects specified in this division or the accompanying report that are not obligated by September 30, 2021, to be used for other projects eligible to use the funds for the same purpose.

(Sec. 162) Permits funds appropriated before October 1, 2016, that remain available for expenditure to be transferred from older accounts to new accounts with similar current activities.

(Sec. 163) Prohibits the use of funds for a new light or heavy rail project for the Metropolitan Transit Authority of Harris County, Texas if the project is constructed at a specified location in Houston, Texas unless the voters approve a ballot proposition specifying the location and the project meets specified criteria.

(Sec. 164) Rescinds unobligated balances of funds provided in FY2012 or earlier for the job access and reverse commute program. Provides the funds for grants for new fixed guideway capital projects and core capacity improvement projects that provide both public transportation and intercity passenger rail service.

Provides appropriations to the Saint Lawrence Seaway Development Corporation for Operations and Maintenance.

Provides appropriations for the Maritime Administration (MARAD) for:

  • the Maritime Security Program,
  • Operations and Training,
  • Assistance to Small Shipyards,
  • Ship Disposal, and
  • The Maritime Guaranteed Loan (Title XI) Program Account.

(Sec. 170) Permits MARAD to furnish utilities and services and make repairs in connection with any lease, contract, or occupancy involving government property under the control of MARAD. Requires rental payments received pursuant to this provision to be credited to the Treasury as miscellaneous receipts.

(Sec. 171) Prohibits DOT or MARAD from using funds provided by this division for fee-for-service contracts for vessel disposal, scrapping, or recycling, unless there is no qualified domestic ship recycler that will pay any sum to purchase and scrap or recycle a vessel owned, operated or managed by MARAD or that is part of the National Defense Reserve Fleet.

Provides appropriations to the Pipeline and Hazardous Materials Safety Administration (PHMSA) for:

  • Operational Expenses,
  • Hazardous Materials Safety,
  • Pipeline Safety, and
  • Emergency Preparedness Grants.

Provides appropriations to the Office of Inspector General.

(Sec. 180) Permits DOT to use funds for maintenance and operation of aircraft, hire of passenger motor vehicles and aircraft, insurance for motor vehicles operating in foreign countries, and uniforms.

Permits DOT to use funds for the purchase, maintenance, operation, and deployment of unmanned aircraft systems that advance DOT's, or its operating administrations' missions. Deems any unmanned aircraft system purchased or procured by DOT prior to the enactment of this division to be authorized.

(Sec. 181) Permits DOT to use funds provided by this division for the employment of temporary or intermittent experts and consultants if the rates do not exceed the rate for an Executive Level IV.

(Sec. 182) Prohibits: (1) funds provided by this division from being used for more than 110 DOT presidential or political appointees, and (2) any of the appointees from being assigned on temporary detail outside of DOT.

(Sec. 183) Prohibits recipients of funds provided by this division from releasing certain personal information and photographs from a driver's license or motor vehicle record without the consent of the affected individual. Prohibits DOT from withholding funds for any grantee if a state is not in compliance with this provision.

(Sec. 184) Permits funds received by the FHWA and the FRA from states or other private or public sources for training expenses to be credited to specified agency accounts, subject to an exception for state rail safety inspectors participating in certain training required under current law.

(Sec. 185) Prohibits funds provided by this division from being used for certain loans, loan guarantees, lines of credit, or grants that exceed $500,000 unless DOT notifies Congress prior to announcing competitively selected projects.

Requires DOT to provide concurrent notification to Congress regarding any ''quick release'' of funds from the FHWA's Emergency Relief Program. (The program provides funding for the repair or reconstruction of federal-aid highways and roads on federal lands which have suffered serious damage as a result of natural disasters or catastrophic failures from an external cause.)

Requires DOT to provide a comprehensive list of all loans, loan guarantees, lines of credit, and discretionary grants that will be announced with a three-day advance notice to Congress.

(Sec. 186) Permits rebates, refunds, incentive payments, minor fees, and other funds received by DOT from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources to be credited to DOT appropriations and allocated to elements of DOT using fair and equitable criteria.

(Sec. 187) Permits DOT to use amounts recovered from improper payments to a third party contractor for expenses incurred in the recovery.

(Sec. 188) Requires reprogramming action notifications to be transmitted to and approved or denied solely by the House and Senate Committees on Appropriations.

(Sec. 189) Permits funds provided by this division for modal administrations to be obligated to the Office of the Secretary for assessments or reimbursable agreements only if the funds provide a direct benefit to the applicable modal administration.

(Sec. 190) Permits DOT to set uniform standards for developing and supporting agency transit passes and transit benefits.

(Sec. 191) Prohibits the use of funds for any geographic, economic, or other hiring preference not otherwise authorized by law, unless certain requirements are met related to availability of local labor, displacement of existing employees, and delays in transportation plans.

(Sec. 192) Makes a technical correction to statutory provisions regarding the treatment of a Bi-State Metropolitan Planning Organization as an urbanized area in California and Nevada.

Department of Housing and Urban Development Appropriations Act, 2017

TITLE II--DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

Provides FY2017 appropriations for the Department of Housing and Urban Development (HUD).

Provides appropriations for Management and Administration, including for Executive Offices and Administrative Support Offices.

Provides appropriations for Program Office Salaries and Expenses, including:

  • Public and Indian Housing,
  • Community Planning and Development,
  • Housing,
  • Policy Development and Research,
  • Fair Housing and Equal Opportunity, and
  • the Office of Lead Hazard Control and Healthy Homes.

Permits HUD to transfer specified funds provided by this title for salaries and expenses to the Working Capital Fund to fund centralized activities.

Provides appropriations for Public and Indian Housing, including:

  • Tenant-Based Rental Assistance,
  • the Housing Certificate Fund,
  • the Public Housing Capital Fund,
  • the Public Housing Operating Fund,
  • the Choice Neighborhoods Initiative,
  • the Family Self-Sufficiency Program,
  • Native American Housing Block Grants,
  • the Indian Housing Loan Guarantee Fund Program Account, and
  • the Native Hawaiian Housing Block Grant program.

Provides appropriations for Community Planning and Development, including:

  • Housing Opportunities for Persons with AIDS,
  • the Community Development Fund,
  • the Community Development Loan Guarantees Program Account,
  • the Home Investment Partnerships Program,
  • the Self-Help and Assisted Home Ownership Opportunity Program, and
  • Homeless Assistance Grants.

Provides appropriations for Housing Programs, including:

  • Project-Based Rental Assistance,
  • Housing for the Elderly,
  • Housing for Persons with Disabilities,
  • Housing Counseling Assistance,
  • Rental Housing Assistance, and
  • Payment to the Manufactured Housing Fees Trust Fund.

Provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes:

  • the Mutual Mortgage Insurance Program Account, and
  • the General and Special Risk Program Account.

Provides appropriation and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).

Provides appropriations to HUD for:

  • Policy Development and Research,
  • Fair Housing and Equal Opportunity,
  • the Office of Lead Hazard Control and Healthy Homes,
  • the Information Technology Fund, and
  • the Office of Inspector General.

(Sec. 201) Requires 50% of the funds that are recaptured from the refinancing of state or locally financed projects under the Stewart B. McKinney Homeless Assistance Amendments Act of 1988 to be rescinded or, in the case of cash, remitted to the Treasury.

Requires the funds that are not rescinded or returned to Treasury to be used by state housing finance agencies or local governments for certain projects approved by HUD.

Permits HUD to award up to 15% of the funds that are recaptured and not rescinded or remitted to the Treasury to provide project owners with incentives to refinance projects at lower interest rates.

(Sec. 202) Prohibits funds provided by this division from being used to investigate or prosecute under the Fair Housing Act any lawful activities, including the filing or maintaining of a nonfrivolous legal action to achieve or prevent action by a government entity or a court.

(Sec. 203) Makes a technical correction to the AIDS Housing Opportunity Act regarding adjustments to grants to provide year-over-year funding stability across grantees by limiting decreases and increases to a grantee's share of total formula funds.

(Sec. 204) Requires any grant, cooperative agreement, or other assistance made pursuant to this title to be made on a competitive basis and in accordance with the Department of Housing and Urban Development Reform Act of 1989.

(Sec. 205) Permits specified funds to be used, without regard to limitations on administrative expenses, for: (1) legal services; and (2) payment for services and facilities of the Federal National Mortgage Association (Fannie Mae), Ginnie Mae, the Federal Home Loan Mortgage Corporation (Freddie Mac), the Federal Financing Bank, Federal Reserve banks, Federal Home Loan banks, and any bank insured under the Federal Deposit Insurance Corporation Act.

(Sec. 206) Prohibits HUD appropriations from being used for any program, project, or activity in excess of amounts included in the budget estimates submitted to Congress, unless otherwise provided by this division or through reprogramming.

(Sec. 207) Permits HUD corporations and agencies subject to the Government Corporation Control Act to utilize funds and make contracts and commitments, without regard to fiscal year limitations and subject to specified restrictions, to implement the FY2017 budget.

(Sec. 208) Requires HUD to provide quarterly reports to Congress regarding uncommitted, unobligated, recaptured, and excess funds for each program and activity.

(Sec. 209) Requires the President's budget request and HUD's congressional budget justifications to use the same account and sub-account structure included in this division.

(Sec. 210) Exempts Ginnie Mae from certain requirements of the Federal Credit Reform Act of 1990.

(Sec. 211) Permits HUD to authorize the transfer of project-based assistance, debt, and use restrictions associated with a multifamily housing project from obsolete or economically nonviable housing to housing that better meets the needs of the assisted tenants, subject to specified requirements.

(Sec. 212) Sets forth eligibility requirements for section 8 housing assistance vouchers.

(Sec. 213) Requires Native American Housing Block Grant funds to be distributed to the same Native Alaskans that received funds in FY2005.

(Sec. 214) Permits HUD to insure home equity conversion mortgages (HECMs or reverse mortgages) for elderly homeowners through FY2017, notwithstanding limitations on insurance authority included in the National Housing Act.

(Sec. 215) Sets forth requirements for HUD regarding the managing and disposing of any multifamily housing property that is held or owned by HUD. Specifies requirements for maintaining 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.

(Sec. 216) Permits Community Development Loan Guarantee funds to be used to guarantee notes or other obligations issued by any state on behalf of its non-entitlement communities.

(Sec. 217) Permits certain public housing agencies (PHAs) that own and operate 400 or fewer public housing units to be exempt from asset management requirements imposed by HUD in connection with the operating fund rule.

(Sec. 218) Prohibits HUD from using public housing funds to impose any requirement or guideline relating to asset management that restricts or limits the use of capital funds for central office costs, up to the limits established in the Quality Housing and Work Responsibility Act of 1998.

(Sec. 219) Prohibits the designation of a HUD official or employee as an allotment holder unless the Chief Financial Officer has determined that the employee has: (1) implemented an adequate system of funds control, and (2) received training in funds control procedures and directives.

(Sec. 220) Requires HUD to publish on the Internet all competitively awarded Notices of Funding Availability for FY2017.

(Sec. 221) Sets forth limitations and reporting requirements for the payment of attorney fees in program-related litigation.

(Sec. 222) Sets forth requirements for transferring and reprogramming funds within specified HUD Administrative Support Office and Program Office Salaries and Expenses accounts.

(Sec. 223) Requires HUD to take specified actions against owners who are receiving rental subsidies and do not maintain safe properties.

(Sec. 224) Limits compensation for PHA officials and employees.

(Sec. 225) Prohibits funds provided by this division from being used for the HUD doctoral dissertation research grant program.

(Sec. 226) Amends the United States Housing Act of 1937 to extend the HOPE VI program through FY2017. (The program provides funds to renovate or demolish existing public housing and replace it with mixed-income housing.)

(Sec. 227) Requires HUD to notify Congress prior to announcing the recipients of grant awards.

(Sec. 228) Prohibits funds provided by this division from being used to require or enforce the Physical Needs Assessment (PNA).

(Sec. 229) Prohibits funds provided by this division or receipts collected under FHA programs from being used to implement the Homeowners Armed with Knowledge (HAWK) program.

(Sec. 230) Prohibits the FHA, Ginnie Mae, or HUD from using funds provided by this division to finance mortgages for properties that have been subject to eminent domain.

(Sec. 231) Prohibits the use of funds made available by this division to terminate the status of a unit of general local government as a metropolitan city with respect to community development grants under the Housing and Community Development Act of 1974.

(Sec. 232) Permits Office of Policy Development and Research funds for research, evaluation, and statistical purposes that are unexpended at the completion of a contract, grant or cooperative agreement to be used for additional research, subject to reprogramming requirements.

(Sec. 233) Prohibits funds provided by this division from being used to pay a bonus to an employee who has been subject to administrative discipline in FY2016 or FY2017, including suspension from work.

(Sec. 234) Permits HUD to use funds provided for Homeless Assistance Grants to participate in the multiagency Performance Partnerships Pilots program on a limited basis.

(Sec. 235) Permits costs paid by the program income of grant recipients to count toward the recipient's matching requirements for 2015, 2016 and 2017 Continuum of Care funds. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)

(Sec. 236) Permits HUD to use funds provided by this division for Homeless Assistance Grants to award one-year grants to transition from one Continuum of Care program component to another. (The program awards project sponsors or unified funding agencies competitive grants focused on addressing the long-term housing and services needs of homeless individuals and families.)

Specifies that no more than 50% of the each transition grant may be used for the costs of eligible activities of the program component originally funded.

(Sec. 237) Amends the Lead-Based Paint Poisoning Prevention Act, the Residential Lead-Based Paint Hazard Reduction Act of 1992, and the Toxic Substances Control Act to treat zero-bedroom dwellings in the same manner as other housing units, for the purposes of grants and other provisions of the laws.

(Sec. 238) Amends the Department of Housing and Urban Development Appropriations Act, 2008 to repeal the requirement for HUD to report annually to Congress on the number and cost of federally assisted units under lease.

(Sec. 239) Amends the Department of Housing and Urban Development Appropriations Act, 2012 to modify the requirements for the Rental Assistance Demonstration program.

(Sec. 240) Permits HUD to implement through notice a provision of the Fixing America's Surface Transportation Act regarding the review of tenant incomes. Requires HUD to begin the rulemaking process within six months of issuing the notice.

(Sec. 241) Permits HUD to use funds provided for the Continuum of Care program to renew specified grants originally awarded under the Supplemental Appropriations Act, 2008. Specifies that the renewal grant must be awarded to the same grantee and be subject to the provisions of the Continuum of Care program except that the funds may be used outside the geographic area of the continuum of care.

(Sec. 242) Permits a jurisdiction to continue to draw from its HOME Investment Trust Fund funds that have otherwise expired or would expire in 2016, 2017, 2018, or 2019 under the Cranston-Gonzalez National Affordable Housing Act.

(Sec. 243) Prohibits HUD from using funds provided by this division 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" or the notice entitled "Affirmatively Furthering Fair Housing Assessment Tool."

TITLE III--RELATED AGENCIES

Provides FY2017 appropriations to:

  • the Access Board,
  • the Federal Maritime Commission,
  • the Amtrak Office of Inspector General,
  • the National Transportation Safety Board,
  • the Neighborhood Reinvestment Corporation,
  • the Surface Transportation Board, and
  • the U.S. Interagency Council on Homelessness.

TITLE IV--GENERAL PROVISIONS--THIS ACT

(Sec. 401) Prohibits funds provided by this division from being used to compensate or pay the expenses of non-federal parties intervening in regulatory or adjudicatory proceedings funded in this division.

(Sec. 402) Prohibits transfers of funds to other appropriations or obligations beyond the current fiscal year, unless expressly permitted in this division.

(Sec. 403) Limits expenditures for consulting services to contracts where the expenditures are a matter of public record and available for public inspection, unless otherwise provided by law or an executive order.

(Sec. 404) Prohibits the use of funds provided by this division for employee training not specifically related to the performance of official duties.

(Sec. 405) Specifies procedures, restrictions, and reporting requirements for the reprogramming of funds provided by this division.

(Sec. 406) Permits up to 50% of unobligated balances remaining at the end of FY2017 from appropriations for salaries and expenses to remain available through FY2018, subject to congressional approval and reprogramming guidelines.

(Sec. 407) Prohibits funds provided by this division from being used for any project that seeks to use eminent domain unless eminent domain is employed only for a public use.

(Sec. 408) Prohibits the transfer of funds provided by this division to a department, agency, or instrumentality of the U.S. government unless the transfer is pursuant to an appropriations Act.

(Sec. 409) Prohibits the use of funds provided by this division to permanently replace an employee intent on returning to his or her previous occupation after completing military service.

(Sec. 410) Requires expenditures of funds provided by this division to comply with the Buy American Act.

(Sec. 411) Prohibits funds provided by this division from being made available to any person or entity that has been convicted of violating the Buy American Act.

(Sec. 412) Prohibits funds provided by this division from being used to purchase first class or premium airline travel in violation of specified federal travel regulations.

(Sec. 413) Prohibits the use of funds provided by this division to approve a new foreign air carrier permit or exemption application if the approval would contravene U.S. law or specified provisions of the U.S.-E.U.-Iceland-Norway Air Transport Agreement.

(Sec. 414) Restricts the number of employees that agencies funded in this division may send to international conferences.

(Sec. 415) Prohibits funds provided by this division from being used to purchase new light-duty vehicles, except in accordance with Presidential Memorandum- Federal Fleet Performance, which establishes requirements for purchasing alternative fueled vehicles.

(Sec. 416) Limits Surface Transportation Board fees for the filing of rate or practice complaints.

(Sec. 417) Rescinds unobligated balances of funds provided to specified accounts by the Consolidated Appropriations Act, 2016.

(Sec. 418) Requires departments and agencies funded by this division to provide an Inspector General (IG) funded by this division with timely access to records, documents, or other materials available to the department or agency over which the IG has responsibility. Requires each IG to comply with specified statutory limitations on disclosure of the information provided.

(Sec. 419) Nullifies certain regulations regarding hours-of-service rules for commercial drivers, including the requirements for: (1) two off-duty periods from 1:00 a.m. to 5:00 a.m., (2) or the prohibition on using more than one restart during a consecutive 168-hour period. Requires the 34-hour restart rule in effect on December 26, 2011, to be restored.

(Prior to 2013, commercial drivers were required to take at least 34 hours off duty after working for 60 hours in a seven-day period [or 70 hours in an eight-day period], which is known as the "34-hour restart requirement." FMCSA regulations that took effect in 2013 require the 34-hour off-duty period to cover two consecutive 1 a.m.-5 a.m. periods, and limit the drivers to one 34-hour "restart" in a 168-hour period.)

(Sec. 420) Provides additional funds for the Emergency Relief Program to remain available until expended for qualifying emergency repair expenses.

(Sec. 421) Provides additional funding for HUD's Community Development Block Grant Program for activities related to disaster relief. Specifies requirements for allocating the funds.

(Sec. 422) Permits states to repurpose certain highway project funding to be used within 50 miles of its original designation.

(Sec. 423) Amends the Intermodal Surface Transportation Efficiency Act of 1991 to designate specified routes in Arkansas and Kentucky as eligible to become Interstate routes.

Military Construction and Veterans Affairs--Additional Appropriations Act, 2017

DIVISION L--MILITARY CONSTRUCTION AND VETERANS AFFAIRS--ADDITIONAL APPROPRIATIONS ACT, 2017

TITLE I--OVERSEAS CONTINGENCY OPERATIONS

Provides appropriations to the Department of Defense (DOD) for Overseas Contingency Operations Military Construction projects for the:

  • the Army;
  • the Navy and Marine Corps;
  • the Air Force;
  • the Army and Air National Guard; and
  • the Army, Navy, and Air Force Reserves.

(Sec. 101) Rescinds specified unobligated balances of funds provided for European Reassurance Initiative Military Construction and Air Force Military Construction.

TITLE II--DEPARTMENT OF VETERANS AFFAIRS

Provides appropriations to the Veterans Health Administration Medical Services account for opioid and substance abuse prevention and treatment, and further implementation of the Jason Simcakoski Memorial and Promise Act.

TITLE III--GENERAL PROVISION--THIS DIVISION

(Sec. 301) Specifies that funds provided by this division are: (1) in addition to funds otherwise made available to DOD and the Department of Veterans Affairs for FY2017, and (2) subject to the terms and conditions set forth in the Military Construction and Veterans Affairs, and Related Agencies Appropriations Act, 2017.

DIVISION M--OTHER MATTERS

Health Benefits for Miners Act of 2017

TITLE I--HEALTH BENEFITS FOR MINERS ACT OF 2017

(Sec. 102) Amends the Social Security Act to reauthorize for FY2017 and FY2018 specified grants provided under the Temporary Assistance for Needy Families (TANF) program.

Provides additional FY2018 funding for the TANF Contingency Fund.

Requires HHS to conduct research regarding the effect that grants made under TANF and related programs have on factors such as employment, self-sufficiency, child well-being, unmarried births, marriage, poverty, economic mobility, and family stability.

Requires the Census Bureau to implement or enhance household surveys of program participation 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.

Requires HHS to develop a database (the What Works Clearinghouse of Proven and Promising Projects to Move Welfare Recipients into Work) of projects that used a proven approach or a promising approach in moving welfare recipients into work, based on independent, rigorous evaluations of the projects.

Requires: (1) specified funds to be transferred to be made available for research, technical, assistance, and evaluation required under this section, and (2) the TANF baseline established under the Balanced Budget and Deficit Control Act of 1985 to be recorded by the Office of Management and Budget and the Congressional Budget Office at the level prior to any transfers of the funds for research, technical assistance, and evaluation.

(Sec. 103) Provides FY2017 appropriations for grants for state courts to assess and improve the handling of foster care and adoption proceedings.

(Sec. 104) Amends the Surface Mining Control and Reclamation Act of 1977 to transfer certain funds to the Multiemployer Health Benefit Plan to provide health benefits to certain retired coal miners and their families.

Expands the group whose retiree health benefits are taken into account in determining the amount that the Department of the Treasury must transfer from the Abandoned Mine Reclamation Fund and the General Fund of the Treasury to the Multiemployer Health Benefit Plan.

(Sec. 105) Amends the Consolidated Omnibus Budget Reconciliation Act of 1985 to extend the authority of Treasury to collect certain customs user fees.

Amends the United States--Korea Free Trade Agreement Implementation Act to extend the increased rate for merchandise processing fees.

Puerto Rico Section 1108(g) Amendment of 2017

TITLE II--PUERTO RICO SECTION 1108(G) AMENDMENT OF 2017

(Sec 202) Amends the Social Security Act to provide additional Medicaid payments to Puerto Rico.

Rescinds unobligated balances of specified funds provided to territories under the Patient Protection and Affordable Care Act.

TITLE III--GENERAL PROVISION

(Sec. 301) Exempts the budgetary effects of this division and each succeeding division from: (1) the statutory Pay-As-You-Go rule (PAYGO), (2) the Senate PAYGO rule, and (3) certain budget scorekeeping rules.

Intelligence Authorization Act for Fiscal Year 2017

DIVISION N--INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017

TITLE I--INTELLIGENCE ACTIVITIES

(Sec. 101) Authorizes FY2017 intelligence activities of:

  • the Office of the Director of National Intelligence (ODNI);
  • the Central Intelligence Agency (CIA);
  • the Department of Defense (DOD);
  • the Defense Intelligence Agency (DIA);
  • the National Security Agency (NSA);
  • the Departments of the Army, Navy, and Air Force;
  • the U.S. Coast Guard;
  • the Departments of State, the Treasury, Energy, and Justice;
  • the Federal Bureau of Investigation (FBI);
  • the Drug Enforcement Administration;
  • the National Reconnaissance Office (NRO);
  • the National Geospatial-Intelligence Agency; and
  • the Department of Homeland Security (DHS).

Provides that the explanatory statement regarding this division that was printed in the Congressional Record by the chair of the Permanent Select Committee on Intelligence of the House of Representatives shall have the same effect as a joint explanatory statement of a committee of conference.

(Sec. 102) Specifies that the amounts authorized, and the authorized personnel ceilings, are those in the classified Schedule of Authorizations, which shall be made available to the congressional appropriations committees and the President.

(Sec. 103) Allows the ODNI, if it provides prior notice to Congress, to authorize employment of civilian personnel in excess of the number authorized for FY2017 if necessary for the performance of important intelligence functions.

Requires the ODNI to establish guidelines to govern the treatment under such authorized personnel levels of employment or assignment in: (1) a student or trainee program; (2) a reserve corps or as a reemployed annuitant; or (3) details, joint duty, or long-term, full-time training.

(Sec. 104) Authorizes FY2017 funding for the Intelligence Community Management Account. Requires additional funds identified in the classified schedule for advanced research and development to remain available until September 30, 2018.

TITLE II--CENTRAL INTELLIGENCE AGENCY RETIREMENT AND DISABILITY SYSTEM

(Sec. 201) Authorizes FY2017 funding for the Central Intelligence Agency Retirement and Disability Fund.

TITLE III--GENERAL INTELLIGENCE COMMUNITY MATTERS

(Sec. 301) Prohibits appropriations authorized by this division from being deemed to constitute authority to conduct any intelligence activity not otherwise authorized by the Constitution or U.S. laws.

(Sec. 302) Allows appropriations authorized by this division for salary, pay, retirement, and other benefits for federal employees to be increased by such additional or supplemental amounts as necessary for increases in such compensation or benefits authorized by law.

(Sec. 303) Allows the ODNI to participate in fund-raising events for nonprofit organizations that support: (1) surviving family members of deceased intelligence community employees; or (2) welfare, education, or recreation of intelligence community employees, former employees, or family members. Requires the ODNI to notify Congress within seven days after engaging in such fund-raising.

(Sec. 304) Directs the ODNI to submit a five-year investment strategy for outreach and recruiting efforts in the fields of science, technology, engineering, and mathematics (STEM) that includes cybersecurity and computer literacy. Requires each element of the intelligence community, from FY2018 to FY2022, to submit an annual investment plan that supports the ODNI's strategy along with the materials it submits as justification of its budget requests.

(Sec. 305) Permits each element of the intelligence community to establish higher minimum rates of pay for positions that require STEM expertise.

(Sec. 306) Requires the ODNI to improve management of the intelligence community workforce by enabling elements to build and maintain an appropriate mix between employees and core contractors.

Requires, beginning October 1, 2018: (1) management of personnel levels of the intelligence community to be based on the workload required to carry out intelligence community functions and the intelligence funds made available under the National Security Act of 1947; and (2) a prohibition on subjecting management of intelligence personnel to any externally imposed constraint or limitation expressed in terms of man years, end strength, full-time equivalent positions, or maximum number of employees.

Directs the ODNI to report to Congress on its methodology for calculating the number of civilian and contractor full-time equivalent positions in the intelligence community, its personnel cost analysis tools, and the plans of each element of the intelligence community to implement the multisector workforce initiative. Requires the Inspector General of the Intelligence Community to report on the accuracy of such numbers and costs.

(Sec. 307) Directs the ODNI to notify Congress of any project for the repair or modification of a facility for intelligence community personnel that has an estimated cost greater than $1 million.

(Sec. 308) Directs the ODNI to issue guidance regarding the intelligence community's engagements with the entertainment industry on theater productions, motion pictures, radio or television broadcasts, podcasts, webcasts, music, dance, books, or other published material. Requires the guidance to: (1) allow an element of the intelligence community to conduct such engagements only with prior approval by the head of that element, and (2) require annual reports to Congress regarding such engagements.

Prohibits the guidance for entertainment industry engagements from applying to routine inquiries made by the press or news media to the public affairs office of an element of the intelligence community.

(Sec. 309) Directs the ODNI to implement a uniform policy to ensure the independence of inspectors general of the intelligence community, the ODNI, the CIA, the NSA, the DIA, the NGA, and the NRO. Requires the policy to: (1) prevent any conflict of interest in matters that inspectors general employees personally and substantially participated in during previous employment; and (2) ensure that personnel are free in fact and in appearance from personal, external, and organizational impairments to independence.

Prohibits the ODNI from requiring employees of an inspector general office for an element of the intelligence community to rotate to a position in an office or organization in their element over which the office of inspector general exercises jurisdiction. Exempts inspector general employees from a rotation that may impact their office's independence.

(Sec. 310) Directs the ODNI to notify and provide summaries to Congress within 15 days after the President issues a policy or the Director of National Intelligence issues policy implementation guidance that assigns tasks, roles, or responsibilities to the intelligence community.

(Sec. 311) Requires elements of the intelligence community to submit to Congress each memorandum of understanding regarding significant operational activities or policy among the intelligence community and other federal entities.

(Sec. 312) Makes a technical correction regarding the annual rate of basic pay for the Director of the National Counter Proliferation Center.

(Sec. 313) Prohibits the intelligence community from charging reproduction fees for reviewing and processing a request for the mandatory declassification of information that are in excess of the reproduction fees that would be charged for Freedom of Information Act requests.

TITLE IV--MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY

Subtitle A--Office of the Director of National Intelligence

(Sec. 401) Redesignates the Office of the National Counterintelligence Executive as the National Counterintelligence and Security Center with a director to be appointed by the President with the advice and consent of the Senate.

(Sec. 402) Amends the National Security Act of 1947 to require the ODNI to submit to Congress any analytic materials prepared for an investigation of proposed investments into the United States. Requires the ODNI to report on its actions to mitigate any operational impact of such investments on the intelligence community.

(Sec. 403) Directs the ODNI to publish on a public website a list of all logos, symbols, and markings associated with foreign terrorist organizations.

Subtitle B--Central Intelligence Agency

(Sec. 411) Allows the CIA to: (1) pay death benefits substantially similar to those authorized for Foreign Service members, and (2) adjust eligibility requirements for such benefits.

(Sec. 412) Permits the CIA inspector general to designate officers or employees as law enforcement officers for purposes of pay and retirement benefits if they are appointed to a position that investigates suspected criminal offenses.

Subtitle C--Other Elements

(Sec. 421) Directs the FBI to submit a strategic workforce report regarding initiatives to integrate information technology expertise in the investigative process. Requires the report to assess: (1) recruitment, training, and retention of personnel with skills in encryption, cryptography, and big data analytics; (2) the integration of officers with such skills into agent-led investigations; (3) collaborations between the FBI and the private sector on cyber issues; and (4) whether to reinstitute the FBI Director's advisory board to advise on the integration of technical expertise.

(Sec. 422) Directs the NRO to develop a plan to carry out space-based environmental monitoring missions with acquisition programs to meet the national security requirements for cloud characterization and theater weather imagery. Requires the plan to address the amount of funds that would be necessary to transfer from the Air Force to the NRO during FY2018-FY2022 to carry out such plan.

Allows the NRO to waive the requirement to develop such a plan if the Air Force is already carrying out an approved formal acquisition program that addresses DOD requirements for such activities.

TITLE V--MATTERS RELATING TO FOREIGN COUNTRIES

(Sec. 501) Establishes an executive branch interagency committee to counter active measures by the Russian Federation to exert covert influence over peoples and governments (with the role of the Russian Federation hidden or not acknowledged publicly) through front groups, covert broadcasting, media manipulation, disinformation or forgeries, funding agents of influence, incitement, offensive counterintelligence, assassinations, or terrorist acts. Requires the committee to expose 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.

Directs the committee to report annually on the steps it is taking to counter Russia's active covert influence measures.

(Sec. 502) Requires the State Department to coordinate with the FBI and the ODNI to establish a mandatory advance notification regime governing all travel by accredited diplomatic and consular personnel of the Russian Federation in the United States.

Directs the State Department and the FBI to submit quarterly reports to Congress detailing the number of travel notifications submitted under such regime and the known or suspected violations.

(Sec. 503) Directs the ODNI to conduct a study to determine the feasibility of creating an intelligence sharing arrangement and database to provide foreign countries that were parties to the Treaty on Open Skies on February 22, 2016 (except for the Russian Federation or the Republic of Belarus), with aerial imagery of the territories or other parties to the treaty that is comparable, delivered more frequently, and in equal or higher resolution than imagery available through the database established under the treaty. (The Treaty on Open Skies, done at Helsinki on March 24, 1992, and entered into force January 1, 2002, established a regime for unarmed aerial observation flights over the territories of other state party participants.)

Requires the ODNI's imagery sharing study to evaluate: (1) methods by which the United States could collect and provide imagery through commercial satellites, national technical means, or other intelligence, surveillance, and reconnaissance platforms under an information sharing arrangement; (2) the ability of other state parties to contribute to the arrangement; (3) statutory impediments or funding insufficiencies; (4) 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; and (5) the costs of such an arrangement compared to the costs under the treaty for plane maintenance, aircraft fuel, crew expenses, mitigation measures necessary associated with Russian Federation overflights over the United States or other state parties, and new sensor development and acquisition.

Directs the ODNI to report on: (1) the extent to which Russian flights under the Open Skies Treaty contribute to the Russian Federation's war fighting doctrine, and (2) the Russian Federation's capability to exceed the imagery limits set forth in the treaty.

TITLE VI--REPORTS AND OTHER MATTERS

(Sec. 601) Requires the ODNI to complete a declassification review of intelligence reports on the past terrorist activities of detainees transferred or released from U.S. Naval Station, Guantanamo Bay, Cuba. Directs the ODNI to: (1) make such declassified reports available to the public and provide a summary prepared by the President of the measures being taken by the countries to which such individuals have been transferred or released to monitor them and prevent them from carrying out future terrorist activities, and (2) report to Congress the results of the review with a description of reports that were not declassified.

Requires the information provided on past terrorist activities conducted by an individual before transfer to Guantanamo to describe the supporting intelligence, the extent of corroboration, the level of confidence held by the intelligence community, and any dissent or reassessment by an element of the intelligence community.

(Sec. 602) Authorizes DOD to establish a Cyber Center for Education and Innovation Home of the National Cryptologic Museum. Permits DOD to enter an agreement with the National Cryptologic Museum Foundation for the design, construction, and operation of such center.

(Sec. 603) Directs the NSA to coordinate with DOD and the Joint Chiefs of Staff to report on national security systems.

(Sec. 604) Requires elements of the intelligence community to certify to the ODNI that all prospective joint facilities in a vicinity have been considered before they purchase, lease, or construct a new facility that is 20,000 square feet or larger.

(Sec. 605) Directs the ODNI to consult with DOD and the Joint Chiefs of Staff to update the strategy for an interagency review of policies for planning and acquiring national security satellite systems and architectures consistent with the National Space Policy issued on June 28, 2010.

Requires the ODNI to appoint a single official to oversee development of a plan to functionally integrate the intelligence community's governance, operations, analysis, collection, policy, and acquisition activities related to space and counterspace.

Directs the NRO and the U.S. Strategic Command to: (1) submit a concept of operations for the Joint Interagency Combined Space Operations Center, and (2) provide briefings to Congress on the activities and progress of the center.

(Sec. 606) Directs the ODNI to propose a plan to monitor advances in life sciences and biotechnology that addresses: (1) organic life science and biotechnology expertise within the intelligence community and the utilization of outside expertise, (2) U.S. competitiveness in the global bio-economy and the risks and threats in genetic editing technologies, and (3) organizational requirements and responsibilities.

Requires the ODNI to report on the role of the intelligence community in the event of a biological attack on the United States, including gaps in technical capabilities to address a novel unknown pathogen.

(Sec. 607) Directs the ODNI to submit plans to implement declassification proposals produced in the course of producing the fundamental classification guidance review for FY2017 required by Executive Order 13526.

(Sec. 608) Directs the ODNI to report on: (1) the government's system for classifying and declassifying information, and (2) recommendations to improve the protection of national security information and the sharing of information with government partners and allies.

Requires the ODNI to certify annually whether existing and proposed controlled access programs are substantiated and justified.

(Sec. 609) Directs the ODNI to report on the intelligence community's actions to implement recommendations of the National Commission for the Review of the Research and Development Programs of the United States Intelligence Community and the balance between short-, medium-, and long-term research.

(Sec. 610) Requires the ODNI to report on a plan to implement an Intelligence Community Research and Development Corps.

(Sec. 611) Directs the ODNI to report on information collection by individual elements of the intelligence community about the number of applicants for, participants in, and individuals hired by the intelligence community after participating in: (1) the Federal Cyber Scholarship-for-Service Program; (2) the National Security Education Program; (3) the Science, Mathematics, and Research for Transformation Defense Education Program; (4) the National Centers of Academic Excellence in Information Assurance and Cyber Defense; or (5) other intelligence community academic, scholarship, fellowship, or internship programs. Requires the report, if elements of the intelligence community do not independently collect such information, to address whether they can begin collecting such information during FY2017 and the resources required to independently collect such information.

(Sec. 612) Requires the ODNI to submit a report listing, by year, the number of intelligence community employees who have been detailed to the National Security Council during the previous 10-year period.

(Sec. 613) Directs the ODNI to report to Congress every 180 days for two years regarding foreign fighter flows to and from terrorist safe havens abroad.

(Sec. 614) Directs DHS to report on the cybersecurity threats to, and the cyber vulnerabilities within, the software, communications networks, or computer networks employed by U.S. maritime shipping concerns and entities conducting significant operations at U.S. seaports or transshipment points. Requires the report to include a status update on the Coast Guard's efforts to include cybersecurity concerns in the National Response Framework or the Emergency Support Functions relating to U.S. shipping or ports.

(Sec. 615) Requires the Inspector General of the Intelligence Community to report on reprisals made against employees of a contractor of the intelligence community for making a disclosure of information that would be protected by law if the contractor were an employee of the federal government.

Honoring Investments in Recruiting and Employing American Military Veterans Act of 2017 or the HIRE Vets Act

DIVISION O--HONORING INVESTMENTS IN RECRUITING AND EMPLOYING AMERICAN MILITARY VETERANS ACT OF 2017

(Sec. 2) Directs the Department of Labor to establish a HIRE Vets Medallion Program to recognize employers who: (1) recruit, employ, and retain veterans; and (2) provide community and charitable services supporting the veteran community.

Directs Labor annually to: (1) solicit, verify, and review award applications from employers; (2) notify award recipients; and (3) issue awards at a time coinciding with Veterans Day. Provides that an employer who receives an award is not eligible for an award the following year.

(Sec. 3) Requires Labor to establish two levels of awards for employers of 500 or more employees based on the percentage of hired employees who are veterans, the percentage of veteran employees who are retained, the establishment of related veterans' assistance and training programs, the employment of dedicated human resources professionals for veterans, and income and tuition support for veterans.

Directs Labor to establish similar awards to recognize achievements in supporting veterans by employers with 50 or fewer employees, and employers with more than 50 but fewer than 500 employees.

(Sec. 4) Prohibits an employer from publicly displaying an award as a part of any advertisement or business activity in order to convey the false impression that an employer received the award if it did not or that the employer received the award for a year it did not.

(Sec. 5) Establishes the HIRE Vets Medallion Award Fund. Authorizes Labor to assess a reasonable application fee to carry out the award program.

(Sec. 6) Sets initial implementation two years after funds are first appropriated to carry out the program.

(Sec. 7) Sets forth reporting requirements.

(Sec. 8) Excludes from the definition of "employer" the federal government or any state government.

Full Text


H. R. 244




AT THE FIRST SESSION

Begun and held at the City of Washington on Tuesday,
the third day of January, two thousand and seventeen

    Making appropriations for the fiscal year ending September 30, 2017, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short Title.

This Act may be cited as the “Consolidated Appropriations Act, 2017”.

SEC. 2. Table of Contents.

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. References.
Sec. 4. Explanatory statement.
Sec. 5. Statement of appropriations.
Sec. 6. Availability of funds.
Sec. 7. Technical allowance for estimating differences.
Sec. 8. Correction.

DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

Title I—Agricultural Programs
Title II—Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agency and Food and Drug Administration
Title VII—General Provisions

DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions

DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017

Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
Title IX—Overseas Contingency Operations/Global War on Terrorism
Title X—Department of Defense—Additional Appropriations

DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

Title I—Corps of Engineers—Civil
Title II—Department of the Interior
Title III—Department of Energy
Title IV—Independent Agencies
Title V—General Provisions

DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT APPROPRIATIONS ACT, 2017

Title I—Department of the Treasury
Title II—Executive Office of the President and Funds Appropriated to the President
Title III—The Judiciary
Title IV—District of Columbia
Title V—Independent Agencies
Title VI—General Provisions—This Act
Title VII—General Provisions—Government-wide
Title VIII—General Provisions—District of Columbia
Title IX—SOAR Reauthorization

DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS ACT, 2017

Title I—Departmental Management, Operations, Intelligence, and Oversight
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
Title VI—Department of Homeland Security—Additional Appropriations

DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions

DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions

DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017

Title I—Legislative Branch
Title II—General Provisions

DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS ACT, 2017

Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
Title VIII—Overseas Contingency Operations/Global War on Terrorism

DIVISION K—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017

Title I—Department of Transportation
Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act

DIVISION L—MILITARY CONSTRUCTION AND VETERANS AFFAIRS—ADDITIONAL APPROPRIATIONS ACT, 2017

Title I—Overseas Contingency Operations
Title II—Department of Veterans Affairs
Title III—General Provision—This Division

DIVISION M—OTHER MATTERS

Title I—Health Benefits for Miners Act of 2017
Title II—Puerto Rico Section 1108(g) Amendment of 2017
Title III—General Provision

DIVISION N—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017


DIVISION O—HONORING INVESTMENTS IN RECRUITING AND EMPLOYING AMERICAN MILITARY VETERANS ACT OF 2017

SEC. 3. References.

Except as expressly provided otherwise, any reference to “this Act” contained in any division of this Act shall be treated as referring only to the provisions of that division.

SEC. 4. Explanatory Statement.

The explanatory statement regarding this Act, printed in the House section of the Congressional Record on or about May 2, 2017, and submitted by the Chairman of the Committee on Appropriations of the House, shall have the same effect with respect to the allocation of funds and implementation of divisions A through L of this Act as if it were a joint explanatory statement of a committee of conference.

SEC. 5. Statement of appropriations.

The following sums in this Act are appropriated, out of any money in the Treasury not otherwise appropriated, for the fiscal year ending September 30, 2017.

SEC. 6. Availability of funds.

(a) Each amount designated in this Act by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

(b) Each amount designated in this Act by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 shall be available (or rescinded, if applicable) only if the President subsequently so designates all such amounts and transmits such designations to the Congress.

SEC. 7. Technical allowance for estimating differences.

If, for fiscal year 2017, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any category set forth in section 251(c) of the Balanced Budget and Emergency Deficit Control Act of 1985 due to estimating differences with the Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2017 shall be made by the Director of the Office of Management and Budget in the amount of the excess but the total of all such adjustments shall not exceed 0.2 percent of the sum of the adjusted discretionary spending limits for all categories for that fiscal year.

SEC. 8. Correction.

The Further Continuing and Security Assistance Appropriations Act, 2017 (Public Law 114–254) is amended by changing the long title so as to read: “Making further continuing appropriations for the fiscal year ending September 30, 2017, and for other purposes.”.

DIVISION AAgriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017

TITLE IAGRICULTURAL PROGRAMS

Production, Processing, And Marketing

Office Of The Secretary

(including transfers of funds)

For necessary expenses of the Office of the Secretary, $44,555,000, of which not to exceed $5,051,000 shall be available for the immediate Office of the Secretary; not to exceed $502,000 shall be available for the Office of Tribal Relations; not to exceed $1,496,000 shall be available for the Office of Homeland Security and Emergency Coordination; not to exceed $1,209,000 shall be available for the Office of Advocacy and Outreach; not to exceed $24,928,000 shall be available for the Office of the Assistant Secretary for Administration, of which $24,124,000 shall be available for Departmental Administration to provide for necessary expenses for management support services to offices of the Department and for general administration, security, repairs and alterations, and other miscellaneous supplies and expenses not otherwise provided for and necessary for the practical and efficient work of the Department; not to exceed $3,869,000 shall be available for the Office of Assistant Secretary for Congressional Relations to carry out the programs funded by this Act, including programs involving intergovernmental affairs and liaison within the executive branch; and not to exceed $7,500,000 shall be available for the Office of Communications: Provided, That the Secretary of Agriculture is authorized to transfer funds appropriated for any office of the Office of the Secretary to any other office of the Office of the Secretary: Provided further, That no appropriation for any office shall be increased or decreased by more than 5 percent: Provided further, That not to exceed $11,000 of the amount made available under this paragraph for the immediate Office of the Secretary shall be available for official reception and representation expenses, not otherwise provided for, as determined by the Secretary: Provided further, That the amount made available under this heading for Departmental Administration shall be reimbursed from applicable appropriations in this Act for travel expenses incident to the holding of hearings as required by 5 U.S.C. 551–558: Provided further, That funds made available under this heading for the Office of the Assistant Secretary for Congressional Relations may be transferred to agencies of the Department of Agriculture funded by this Act to maintain personnel at the agency level: Provided further, That no funds made available under this heading for the Office of Assistant Secretary for Congressional Relations may be obligated after 30 days from the date of enactment of this Act, unless the Secretary has notified the Committees on Appropriations of both Houses of Congress on the allocation of these funds by USDA agency.

Executive Operations

office of the chief economist

For necessary expenses of the Office of the Chief Economist, $18,917,000, of which $4,000,000 shall be for grants or cooperative agreements for policy research under 7 U.S.C. 3155; and of which $2,000,000, to remain available until September 30, 2018, shall be available for policy research and related activities in support of the forthcoming Farm Bill.

office of hearings and appeals

For necessary expenses of the Office of Hearings and Appeals, $13,399,000.

office of budget and program analysis

For necessary expenses of the Office of Budget and Program Analysis, $9,525,000.

Office Of The Chief Information Officer

For necessary expenses of the Office of the Chief Information Officer, $49,538,000, of which not less than $33,000,000 is for cybersecurity requirements of the Department.

Office Of The Chief Financial Officer

For necessary expenses of the Office of the Chief Financial Officer, $8,028,000.

Office Of The Assistant Secretary For Civil Rights

For necessary expenses of the Office of the Assistant Secretary for Civil Rights, $901,000.

Office Of Civil Rights

For necessary expenses of the Office of Civil Rights, $24,206,000.

Agriculture Buildings And Facilities

(including transfers of funds)

For payment of space rental and related costs pursuant to Public Law 92–313, including authorities pursuant to the 1984 delegation of authority from the Administrator of General Services to the Department of Agriculture under 40 U.S.C. 121, for programs and activities of the Department which are included in this Act, and for alterations and other actions needed for the Department and its agencies to consolidate unneeded space into configurations suitable for release to the Administrator of General Services, and for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $84,189,000, to remain available until expended.

Hazardous Materials Management

(including transfers of funds)

For necessary expenses of the Department of Agriculture, to comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.), $3,633,000, to remain available until expended: Provided, That appropriations and funds available herein to the Department for Hazardous Materials Management may be transferred to any agency of the Department for its use in meeting all requirements pursuant to the above Acts on Federal and non-Federal lands.

Office Of Inspector General

For necessary expenses of the Office of Inspector General, including employment pursuant to the Inspector General Act of 1978, $98,208,000, including such sums as may be necessary for contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants, to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–98.

Office Of The General Counsel

For necessary expenses of the Office of the General Counsel, $44,697,000.

Office Of Ethics

For necessary expenses of the Office of Ethics, $4,136,000.

Office Of The Under Secretary For Research, Education, And Economics

For necessary expenses of the Office of the Under Secretary for Research, Education, and Economics, $893,000.

Economic Research Service

For necessary expenses of the Economic Research Service, $86,757,000.

National Agricultural Statistics Service

For necessary expenses of the National Agricultural Statistics Service, $171,239,000, of which up to $42,177,000 shall be available until expended for the Census of Agriculture: Provided, That amounts made available for the Census of Agriculture may be used to conduct Current Industrial Report surveys subject to 7 U.S.C. 2204g(d) and (f).

Agricultural Research Service

salaries and expenses

For necessary expenses of the Agricultural Research Service and for acquisition of lands by donation, exchange, or purchase at a nominal cost not to exceed $100, and for land exchanges where the lands exchanged shall be of equal value or shall be equalized by a payment of money to the grantor which shall not exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,170,235,000: Provided, That appropriations hereunder shall be available for the operation and maintenance of aircraft and the purchase of not to exceed one for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but unless otherwise provided, the cost of constructing any one building shall not exceed $500,000, except for headhouses or greenhouses which shall each be limited to $1,800,000, except for 10 buildings to be constructed or improved at a cost not to exceed $1,100,000 each, and except for two buildings to be constructed at a cost not to exceed $3,000,000 each, and the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building or $500,000, whichever is greater: Provided further, That appropriations hereunder shall be available for entering into lease agreements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by the Agricultural Research Service and a condition of the lease shall be that any facility shall be owned, operated, and maintained by the non-Federal entity and shall be removed upon the expiration or termination of the lease agreement: Provided further, That the limitations on alterations contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further, That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948 (21 U.S.C. 113a): Provided further, That appropriations hereunder shall be available for granting easements at any Agricultural Research Service location for the construction of a research facility by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary finds that acceptance of the facility is in the interest of the United States: Provided further, That funds may be received from any State, other political subdivision, organization, or individual for the purpose of establishing or operating any research facility or research project of the Agricultural Research Service, as authorized by law.

buildings and facilities

For the acquisition of land, construction, repair, improvement, extension, alteration, and purchase of fixed equipment or facilities as necessary to carry out the agricultural research programs of the Department of Agriculture, where not otherwise provided, $99,600,000 to remain available until expended.

National Institute Of Food And Agriculture

research and education activities

For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other expenses, $849,518,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Research and Education Activities” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds for research grants for 1994 institutions, education grants for 1890 institutions, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That each institution eligible to receive funds under the Evans-Allen program receives no less than $1,000,000: Provided further, That funds for education grants for Alaska Native and Native Hawaiian-serving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally to each of the States of Alaska and Hawaii: Provided further, That funds for education grants for 1890 institutions shall be made available to institutions eligible to receive funds under 7 U.S.C. 3221 and 3222: Provided further, That not more than 5 percent of the amounts made available by this or any other Act to carry out the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) may be retained by the Secretary of Agriculture to pay administrative costs incurred by the Secretary in carrying out that authority.

native american institutions endowment fund

For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to remain available until expended.

extension activities

For payments to States, the District of Columbia, Puerto Rico, Guam, the Virgin Islands, Micronesia, the Northern Marianas, and American Samoa, $477,391,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Extension Activities” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds for facility improvements at 1890 institutions shall remain available until expended: Provided further, That institutions eligible to receive funds under 7 U.S.C. 3221 for cooperative extension receive no less than $1,000,000: Provided further, That funds for cooperative extension under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b) and (c)) and section 208(c) of Public Law 93–471 shall be available for retirement and employees’ compensation costs for extension agents.

integrated activities

For the integrated research, education, and extension grants programs, including necessary administrative expenses, $36,000,000, which shall be for the purposes, and in the amounts, specified in the table titled “National Institute of Food and Agriculture, Integrated Activities” in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds for the Food and Agriculture Defense Initiative shall remain available until September 30, 2018: Provided further, That notwithstanding any other provision of law, indirect costs shall not be charged against any Extension Implementation Program Area grant awarded under the Crop Protection/Pest Management Program (7 U.S.C. 7626).

Office Of The Under Secretary For Marketing And Regulatory Programs

For necessary expenses of the Office of the Under Secretary for Marketing and Regulatory Programs, $901,000.

Animal And Plant Health Inspection Service

salaries and expenses

(including transfers of funds)

For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances and for expenses pursuant to the Foreign Service Act of 1980 (22 U.S.C. 4085), $946,212,000, of which $477,000, to remain available until expended, shall be available for the control of outbreaks of insects, plant diseases, animal diseases and for control of pest animals and birds (“contingency fund”) to the extent necessary to meet emergency conditions; of which $11,520,000, to remain available until expended, shall be used for the cotton pests program for cost share purposes or for debt retirement for active eradication zones; of which $37,857,000, to remain available until expended, shall be for Animal Health Technical Services; of which $697,000 shall be for activities under the authority of the Horse Protection Act of 1970, as amended (15 U.S.C. 1831); of which $55,340,000, to remain available until expended, shall be used to support avian health; of which $4,251,000, to remain available until expended, shall be for information technology infrastructure; of which $166,500,000, to remain available until expended, shall be for specialty crop pests; of which, $8,826,000, to remain available until expended, shall be for field crop and rangeland ecosystem pests; of which $16,523,000, to remain available until expended, shall be for zoonotic disease management; of which $40,966,000, to remain available until expended, shall be for emergency preparedness and response; of which $54,000,000, to remain available until expended, shall be for tree and wood pests; of which $5,723,000, to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available until expended, shall be for the scrapie program for indemnities; of which $2,500,000, to remain available until expended, shall be for the wildlife damage management program for aviation safety: Provided, That of amounts available under this heading for wildlife services methods development, $1,000,000 shall remain available until expended: Provided further, That of amounts available under this heading for the screwworm program, $4,990,000 shall remain available until expended; of which $3,000,000, to remain available until expended, shall be for National Bio and Agro-Defense human capital development: Provided further, That no funds shall be used to formulate or administer a brucellosis eradication program for the current fiscal year that does not require minimum matching by the States of at least 40 percent: Provided further, That this appropriation shall be available for the operation and maintenance of aircraft and the purchase of not to exceed five, of which two shall be for replacement only: Provided further, That in addition, in emergencies which threaten any segment of the agricultural production industry of this country, the Secretary may transfer from other appropriations or funds available to the agencies or corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7 U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant Protection Act (7 U.S.C. 7751 and 7772), and any unexpended balances of funds transferred for such emergency purposes in the preceding fiscal year shall be merged with such transferred amounts: Provided further, That appropriations hereunder shall be available pursuant to law (7 U.S.C. 2250) for the repair and alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

In fiscal year 2017, the agency is authorized to collect fees to cover the total costs of providing technical assistance, goods, or services requested by States, other political subdivisions, domestic and international organizations, foreign governments, or individuals, provided that such fees are structured such that any entity's liability for such fees is reasonably based on the technical assistance, goods, or services provided to the entity by the agency, and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing such assistance, goods, or services.

buildings and facilities

For plans, construction, repair, preventive maintenance, environmental support, improvement, extension, alteration, and purchase of fixed equipment or facilities, as authorized by 7 U.S.C. 2250, and acquisition of land as authorized by 7 U.S.C. 428a, $3,175,000, to remain available until expended.

Agricultural Marketing Service

marketing services

For necessary expenses of the Agricultural Marketing Service, $84,933,000, of which $1,000,000 shall be available for the purposes of section 12306 of Public Law 113–79: Provided, That of the funds provided herein, $1,000,000 shall be used for the transportation services division: Provided further, That of the amounts made available under this heading, no more than $1,000,000 shall be used for the purpose of Public Law 114–216: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

Fees may be collected for the cost of standardization activities, as established by regulation pursuant to law (31 U.S.C. 9701).

limitation on administrative expenses

Not to exceed $61,227,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses: Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

funds for strengthening markets, income, and supply (section 32)

(including transfers of funds)

Funds available under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c), shall be used only for commodity program expenses as authorized therein, and other related operating expenses, except for: (1) transfers to the Department of Commerce as authorized by the Fish and Wildlife Act of August 8, 1956; (2) transfers otherwise provided in this Act; and (3) not more than $20,705,000 for formulation and administration of marketing agreements and orders pursuant to the Agricultural Marketing Agreement Act of 1937 and the Agricultural Act of 1961.

payments to states and possessions

For payments to departments of agriculture, bureaus and departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946 (7 U.S.C. 1623(b)), $1,235,000.

Grain Inspection, Packers And Stockyards Administration

salaries and expenses

For necessary expenses of the Grain Inspection, Packers and Stockyards Administration, $43,482,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

limitation on inspection and weighing services expenses

Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing services: Provided, That if grain export activities require additional supervision and oversight, or other uncontrollable factors occur, this limitation may be exceeded by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

Office Of The Under Secretary For Food Safety

For necessary expenses of the Office of the Under Secretary for Food Safety, $819,000.

Food Safety And Inspection Service

For necessary expenses to carry out services authorized by the Federal Meat Inspection Act, the Poultry Products Inspection Act, and the Egg Products Inspection Act, including not to exceed $50,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $1,032,062,000; and in addition, $1,000,000 may be credited to this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided further, That no fewer than 148 full-time equivalent positions shall be employed during fiscal year 2017 for purposes dedicated solely to inspections and enforcement related to the Humane Methods of Slaughter Act: Provided further, That the Food Safety and Inspection Service shall continue implementation of section 11016 of Public Law 110–246 as further clarified by the amendments made in section 12106 of Public Law 113–79: Provided further, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for the alteration and repair of buildings and improvements, but the cost of altering any one building during the fiscal year shall not exceed 10 percent of the current replacement value of the building.

Office Of The Under Secretary For Farm And Foreign Agricultural Services

For necessary expenses of the Office of the Under Secretary for Farm and Foreign Agricultural Services, $901,000.

Farm Service Agency

salaries and expenses

(including transfers of funds)

For necessary expenses of the Farm Service Agency, $1,206,110,000: Provided, That not more than 50 percent of the $100,851,000 made available under this heading for information technology related to farm program delivery, including the Modernize and Innovate the Delivery of Agricultural Systems and other farm program delivery systems, may be obligated until the Secretary submits to the Committees on Appropriations of both Houses of Congress, and receives written or electronic notification of receipt from such Committees of, a plan for expenditure that (1) identifies for each project/investment over $25,000 (a) the functional and performance capabilities to be delivered and the mission benefits to be realized, (b) the estimated lifecycle cost, including estimates for development as well as maintenance and operations, and (c) key milestones to be met; (2) demonstrates that each project/investment is (a) consistent with the Farm Service Agency Information Technology Roadmap, (b) being managed in accordance with applicable lifecycle management policies and guidance, and (c) subject to the applicable Department’s capital planning and investment control requirements; and (3) has been reviewed by the Government Accountability Office and approved by the Committees on Appropriations of both Houses of Congress: Provided further, That the agency shall submit a report by the end of the fourth quarter of fiscal year 2017 to the Committees on Appropriations and the Government Accountability Office, that identifies for each project/investment that is operational (a) current performance against key indicators of customer satisfaction, (b) current performance of service level agreements or other technical metrics, (c) current performance against a pre-established cost baseline, (d) a detailed breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as alternatives to the investment: Provided further, That the Secretary is authorized to use the services, facilities, and authorities (but not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for authorized activities may be advanced to and merged with this account: Provided further, That funds made available to county committees shall remain available until expended: Provided further, That none of the funds available to the Farm Service Agency shall be used to close Farm Service Agency county offices: Provided further, That none of the funds available to the Farm Service Agency shall be used to permanently relocate county based employees that would result in an office with two or fewer employees without prior notification and approval of the Committees on Appropriations of both Houses of Congress.

state mediation grants

For grants pursuant to section 502(b) of the Agricultural Credit Act of 1987, as amended (7 U.S.C. 5101–5106), $3,904,000.

grassroots source water protection program

For necessary expenses to carry out wellhead or groundwater protection activities under section 1240O of the Food Security Act of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until expended.

dairy indemnity program

(including transfer of funds)

For necessary expenses involved in making indemnity payments to dairy farmers and manufacturers of dairy products under a dairy indemnity program, such sums as may be necessary, to remain available until expended: Provided, That such program is carried out by the Secretary in the same manner as the dairy indemnity program described in the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).

agricultural credit insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct and guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating (7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961 et seq.), Indian tribe land acquisition loans (25 U.S.C. 488), boll weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7 U.S.C. 1924 et seq.), and Indian highly fractionated land loans (25 U.S.C. 488) to be available from funds in the Agricultural Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed farm ownership loans and $1,500,000,000 for farm ownership direct loans; $1,960,000,000 for unsubsidized guaranteed operating loans and $1,530,000,000 for direct operating loans; emergency loans, $22,576,000; Indian tribe land acquisition loans, $20,000,000; guaranteed conservation loans, $150,000,000; Indian highly fractionated land loans, $10,000,000; and for boll weevil eradication program loans, $60,000,000: Provided, That the Secretary shall deem the pink bollworm to be a boll weevil for the purpose of boll weevil eradication program loans.

For the cost of direct and guaranteed loans and grants, including the cost of modifying loans as defined in section 502 of the Congressional Budget Act of 1974, as follows: farm operating loans, $65,178,000 for direct operating loans, $20,972,000 for unsubsidized guaranteed operating loans, emergency loans, $1,262,000, to remain available until expended; and $2,550,000 for Indian highly fractionated land loans.

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $317,068,000, of which $306,998,000 shall be transferred to and merged with the appropriation for “Farm Service Agency, Salaries and Expenses”.

Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among these programs: Provided, That the Committees on Appropriations of both Houses of Congress are notified at least 15 days in advance of any transfer.

Risk Management Agency

salaries and expenses

For necessary expenses of the Risk Management Agency, $74,829,000: Provided, That not to exceed $1,000 shall be available for official reception and representation expenses, as authorized by 7 U.S.C. 1506(i).

CORPORATIONS

The following corporations and agencies are hereby authorized to make expenditures, within the limits of funds and borrowing authority available to each such corporation or agency and in accord with law, and to make contracts and commitments without regard to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying out the programs set forth in the budget for the current fiscal year for such corporation or agency, except as hereinafter provided.

Federal Crop Insurance Corporation Fund

For payments as authorized by section 516 of the Federal Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary, to remain available until expended.

Commodity Credit Corporation Fund

reimbursement for net realized losses

(including transfers of funds)

For the current fiscal year, such sums as may be necessary to reimburse the Commodity Credit Corporation for net realized losses sustained, but not previously reimbursed, pursuant to section 2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided, That of the funds available to the Commodity Credit Corporation under section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i) for the conduct of its business with the Foreign Agricultural Service, up to $5,000,000 may be transferred to and used by the Foreign Agricultural Service for information resource management activities of the Foreign Agricultural Service that are not related to Commodity Credit Corporation business.

hazardous waste management

(limitation on expenses)

For the current fiscal year, the Commodity Credit Corporation shall not expend more than $5,000,000 for site investigation and cleanup expenses, and operations and maintenance expenses to comply with the requirement of section 107(g) of the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9607(g)), and section 6001 of the Resource Conservation and Recovery Act (42 U.S.C. 6961).

TITLE II

CONSERVATION PROGRAMS

Office Of The Under Secretary For Natural Resources And Environment

For necessary expenses of the Office of the Under Secretary for Natural Resources and Environment, $901,000.

Natural Resources Conservation Service

conservation operations

For necessary expenses for carrying out the provisions of the Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation of conservation plans and establishment of measures to conserve soil and water (including farm irrigation and land drainage and such special measures for soil and water management as may be necessary to prevent floods and the siltation of reservoirs and to control agricultural related pollutants); operation of conservation plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests therein for use in the plant materials program by donation, exchange, or purchase at a nominal cost not to exceed $100 pursuant to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection or alteration or improvement of permanent and temporary buildings; and operation and maintenance of aircraft, $864,474,000, to remain available until September 30, 2018: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations and improvements to other buildings and other public improvements shall not exceed $250,000: Provided further, That when buildings or other structures are erected on non-Federal land, that the right to use such land is obtained as provided in 7 U.S.C. 2250a: Provided further, That of the amounts made available under this heading, $5,600,000, shall remain available until expended for the authorities under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing watershed projects with a primary purpose of providing water to rural communities.

watershed and flood prevention operations

For necessary expenses to carry out preventive measures, including but not limited to surveys and investigations, engineering operations, works of improvement, and changes in use of land, in accordance with the Watershed Protection and Flood Prevention Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with the provisions of laws relating to the activities of the Department, $150,000,000, to remain available until expended: Provided, That of the amounts made available under this heading, $50,000,000 shall be allocated to projects and activities that can commence promptly following enactment; that address regional priorities for flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or watershed protection; or that address authorized ongoing projects under the authorities of section 13 of the Flood Control Act of December 22, 1944 (Public Law 78–534) with a primary purpose of watershed protection by preventing floodwater damage and stabilizing stream channels, tributaries, and banks to reduce erosion and sediment transport.

watershed rehabilitation program

Under the authorities of section 14 of the Watershed Protection and Flood Prevention Act, $12,000,000 is provided.

TITLE III

RURAL DEVELOPMENT PROGRAMS

Office Of The Under Secretary For Rural Development

For necessary expenses of the Office of the Under Secretary for Rural Development, $896,000.

Rural Development

salaries and expenses

(including transfers of funds)

For necessary expenses for carrying out the administration and implementation of programs in the Rural Development mission area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative agreements; $225,835,000: Provided, That notwithstanding any other provision of law, funds appropriated under this heading may be used for advertising and promotional activities that support the Rural Development mission area: Provided further, That any balances available from prior years for the Rural Utilities Service, Rural Housing Service, and the Rural Business—Cooperative Service salaries and expenses accounts shall be transferred to and merged with this appropriation.

Rural Housing Service

rural housing insurance fund program account

(including transfers of funds)

For gross obligations for the principal amount of direct and guaranteed loans as authorized by title V of the Housing Act of 1949, to be available from funds in the rural housing insurance fund, as follows: $1,000,000,000 shall be for direct loans and $24,000,000,000 shall be for unsubsidized guaranteed loans; $26,278,000 for section 504 housing repair loans; $35,000,000 for section 515 rental housing; $230,000,000 for section 538 guaranteed multi-family housing loans; $10,000,000 for credit sales of single family housing acquired property; $5,000,000 for section 523 self-help housing land development loans; and $5,000,000 for section 524 site development loans.

For the cost of direct and guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $67,700,000 shall be for direct loans; section 504 housing repair loans, $3,663,000; section 523 self-help housing land development loans, $417,000; section 524 site development loans, $111,000; and repair, rehabilitation, and new construction of section 515 rental housing, $10,360,000: Provided, That to support the loan program level for section 538 guaranteed loans made available under this heading the Secretary may charge or adjust any fees to cover the projected cost of such loan guarantees pursuant to the provisions of the Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest on such loans may not be subsidized: Provided further, That applicants in communities that have a current rural area waiver under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q) shall be treated as living in a rural area for purposes of section 502 guaranteed loans provided under this heading: Provided further, That of the amounts available under this paragraph for section 502 direct loans, no less than $5,000,000 shall be available for direct loans for individuals whose homes will be built pursuant to a program funded with a mutual and self-help housing grant authorized by section 523 of the Housing Act of 1949 until June 1, 2017: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public housing authorities to facilitate the acquisition of Rural Housing Service (RHS) multifamily housing properties by such nonprofit organizations and public housing authorities that commit to keep such properties in the RHS multifamily housing program for a period of time as determined by the Secretary, with such incentives to include, but not be limited to, the following: allow such nonprofit entities and public housing authorities to earn a Return on Investment (ROI) on their own resources to include proceeds from low income housing tax credit syndication, own contributions, grants, and developer loans at favorable rates and terms, invested in a deal; and allow reimbursement of organizational costs associated with owner’s oversight of asset referred to as “Asset Management Fee” (AMF) of up to $7,500 per property.

In addition, for the cost of direct loans, grants, and contracts, as authorized by 42 U.S.C. 1484 and 1486, $15,387,000, to remain available until expended, for direct farm labor housing loans and domestic farm labor housing grants and contracts: Provided, That any balances available for the Farm Labor Program Account shall be transferred to and merged with this account.

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $412,254,000 shall be transferred to and merged with the appropriation for “Rural Development, Salaries and Expenses”.

rental assistance program

For rental assistance agreements entered into or renewed pursuant to the authority under section 521(a)(2) or agreements entered into in lieu of debt forgiveness or payments for eligible households as authorized by section 502(c)(5)(D) of the Housing Act of 1949, $1,405,033,000, of which $40,000,000 shall be available until September 30, 2018; and in addition such sums as may be necessary, as authorized by section 521(c) of the Act, to liquidate debt incurred prior to fiscal year 1992 to carry out the rental assistance program under section 521(a)(2) of the Act: Provided, That rental assistance agreements entered into or renewed during the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the end of such one-year agreements may be transferred and used for purposes of any debt reduction; maintenance, repair, or rehabilitation of any existing projects; preservation; and rental assistance activities authorized under title V of the Act: Provided further, That rental assistance provided under agreements entered into prior to fiscal year 2017 for a farm labor multi-family housing project financed under section 514 or 516 of the Act may not be recaptured for use in another project until such assistance has remained unused for a period of 12 consecutive months, if such project has a waiting list of tenants seeking such assistance or the project has rental assistance eligible tenants who are not receiving such assistance: Provided further, That such recaptured rental assistance shall, to the extent practicable, be applied to another farm labor multi-family housing project financed under section 514 or 516 of the Act: Provided further, That except as provided in the third proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture rental assistance provided under agreements entered into prior to fiscal year 2017 for a project that the Secretary determines no longer needs rental assistance and use such recaptured funds for current needs.

multi-family housing revitalization program account

For the rural housing voucher program as authorized under section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct a demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph, $41,400,000, to remain available until expended: Provided, That of the funds made available under this heading, $19,400,000, shall be available for rural housing vouchers to any low-income household (including those not receiving rental assistance) residing in a property financed with a section 515 loan which has been prepaid after September 30, 2005: Provided further, That the amount of such voucher shall be the difference between comparable market rent for the section 515 unit and the tenant paid rent for such unit: Provided further, That funds made available for such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current regulations and administrative guidance applicable to section 8 housing vouchers administered by the Secretary of the Department of Housing and Urban Development: Provided further, That if the Secretary determines that the amount made available for vouchers in this or any other Act is not needed for vouchers, the Secretary may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties described in this paragraph: Provided further, That of the funds made available under this heading, $22,000,000 shall be available for a demonstration program for the preservation and revitalization of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans, as the Secretary deems appropriate, expressly for the purposes of ensuring the project has sufficient resources to preserve the project for the purpose of providing safe and affordable housing for low-income residents and farm laborers including reducing or eliminating interest; deferring loan payments, subordinating, reducing or reamortizing loan debt; and other financial assistance including advances, payments and incentives (including the ability of owners to obtain reasonable returns on investment) required by the Secretary: Provided further, That the Secretary shall as part of the preservation and revitalization agreement obtain a restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that additional funds for vouchers described in this paragraph are needed, funds for the preservation and revitalization demonstration program may be used for such vouchers: Provided further, That if Congress enacts legislation to permanently authorize a multi-family rental housing loan restructuring program similar to the demonstration program described herein, the Secretary may use funds made available for the demonstration program under this heading to carry out such legislation with the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That in addition to any other available funds, the Secretary may expend not more than $1,000,000 total, from the program funds made available under this heading, for administrative expenses for activities funded under this heading.

mutual and self-help housing grants

For grants and contracts pursuant to section 523(b)(1)(A) of the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain available until expended.

rural housing assistance grants

For grants for very low-income housing repair and rural housing preservation made by the Rural Housing Service, as authorized by 42 U.S.C. 1474, and 1490m, $33,701,000, to remain available until expended.

rural community facilities program account

(including transfers of funds)

For gross obligations for the principal amount of direct and guaranteed loans as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $2,600,000,000 for direct loans and $148,305,000 for guaranteed loans.

For the cost of guaranteed loans, including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, $3,322,000, to remain available until expended.

For the cost of grants for rural community facilities programs as authorized by section 306 and described in section 381E(d)(1) of the Consolidated Farm and Rural Development Act, $43,778,000, to remain available until expended: Provided, That $4,000,000 of the amount appropriated under this heading shall be available for a Rural Community Development Initiative: Provided further, That such funds shall be used solely to develop the capacity and ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and Federally Recognized Native American Tribes to undertake projects to improve housing, community facilities, community and economic development projects in rural areas: Provided further, That such funds shall be made available to qualified private, nonprofit and public intermediary organizations proposing to carry out a program of financial and technical assistance: Provided further, That such intermediary organizations shall provide matching funds from other sources, including Federal funds for related activities, in an amount not less than funds provided: Provided further, That $5,778,000 of the amount appropriated under this heading shall be to provide grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with up to 5 percent for administration and capacity building in the State rural development offices: Provided further, That $4,000,000 of the amount appropriated under this heading shall be available for community facilities grants to tribal colleges, as authorized by section 306(a)(19) of such Act: Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading.

Rural Business—cooperative Service

rural business program account

(including transfers of funds)

For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and described in subsections (a), (c), (f) and (g) of section 310B of the Consolidated Farm and Rural Development Act, $65,319,000, to remain available until expended: Provided, That of the amount appropriated under this heading, not to exceed $500,000 shall be made available for one grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development and $6,000,000 shall be for grants to the Delta Regional Authority (7 U.S.C. 2009aa et seq.) and the Appalachian Regional Commission (40 U.S.C. 14101 et seq.) for any Rural Community Advancement Program purpose as described in section 381E(d) of the Consolidated Farm and Rural Development Act, of which not more than 5 percent may be used for administrative expenses: Provided further, That $4,000,000 of the amount appropriated under this heading shall be for business grants to benefit Federally Recognized Native American Tribes, including $250,000 for a grant to a qualified national organization to provide technical assistance for rural transportation in order to promote economic development: Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this heading.

intermediary relending program fund account

(including transfer of funds)

For the principal amount of direct loans, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C. 1936b), $18,889,000.

For the cost of direct loans, $5,476,000, as authorized by the Intermediary Relending Program Fund Account (7 U.S.C. 1936b), of which $557,000 shall be available through June 30, 2017, for Federally Recognized Native American Tribes; and of which $1,072,000 shall be available through June 30, 2017, for Mississippi Delta Region counties (as determined in accordance with Public Law 100–460): Provided, That such costs, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.

In addition, for administrative expenses to carry out the direct loan programs, $4,468,000 shall be transferred to and merged with the appropriation for “Rural Development, Salaries and Expenses”.

rural economic development loans program account

(including rescission of funds)

For the principal amount of direct loans, as authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects, $42,213,000.

Of the funds derived from interest on the cushion of credit payments, as authorized by section 313 of the Rural Electrification Act of 1936, $132,000,000 shall not be obligated and $132,000,000 are rescinded.

The cost of grants authorized under section 313 of the Rural Electrification Act, for the purpose of promoting rural economic development and job creation projects shall not exceed $10,000,000.

rural cooperative development grants

For rural cooperative development grants authorized under section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932), $26,550,000, of which $2,750,000 shall be for cooperative agreements for the appropriate technology transfer for rural areas program: Provided, That not to exceed $3,000,000 shall be for grants for cooperative development centers, individual cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing boards of which are comprised of individuals who are members of socially disadvantaged groups; and of which $15,000,000, to remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section 231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a).

rural energy for america program

For the cost of a program of loan guarantees, under the same terms and conditions as authorized by section 9007 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107), $352,000: Provided, That the cost of loan guarantees, including the cost of modifying such loans, shall be as defined in section 502 of the Congressional Budget Act of 1974.

Rural Utilities Service

rural water and waste disposal program account

(including transfers of funds)

For the cost of direct loans, loan guarantees, and grants for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B and described in sections 306C(a)(2), 306D, 306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $571,190,000, to remain available until expended, of which not to exceed $1,000,000 shall be available for the rural utilities program described in section 306(a)(2)(B) of such Act, and of which not to exceed $993,000 shall be available for the rural utilities program described in section 306E of such Act: Provided, That not to exceed $10,000,000 of the amount appropriated under this heading shall be for grants authorized by section 306A(i)(2) of the Consolidated Farm and Rural Development Act in addition to funding authorized by section 306A(i)(1) of such Act: Provided further, That $64,000,000 of the amount appropriated under this heading shall be for loans and grants including water and waste disposal systems grants authorized by section 306C(a)(2)(B) and section 306D of the Consolidated Farm and Rural Development Act, and Federally Recognized Native American Tribes authorized by 306C(a)(1) of such Act: Provided further, That funding provided for section 306D of the Consolidated Farm and Rural Development Act may be provided to a consortium formed pursuant to section 325 of Public Law 105–83: Provided further, That not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State of Alaska for training and technical assistance programs and not more than 2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by a consortium formed pursuant to section 325 of Public Law 105–83 for training and technical assistance programs: Provided further, That not to exceed $20,000,000 of the amount appropriated under this heading shall be for technical assistance grants for rural water and waste systems pursuant to section 306(a)(14) of such Act, unless the Secretary makes a determination of extreme need, of which $6,500,000 shall be made available for a grant to a qualified nonprofit multi-State regional technical assistance organization, with experience in working with small communities on water and waste water problems, the principal purpose of such grant shall be to assist rural communities with populations of 3,300 or less, in improving the planning, financing, development, operation, and management of water and waste water systems, and of which not less than $800,000 shall be for a qualified national Native American organization to provide technical assistance for rural water systems for tribal communities: Provided further, That not to exceed $16,897,000 of the amount appropriated under this heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance for rural water systems: Provided further, That not to exceed $4,000,000 shall be for solid waste management grants: Provided further, That $10,000,000 of the amount appropriated under this heading shall be transferred to, and merged with, the Rural Utilities Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a): Provided further, That any prior year balances for high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and merged with the Rural Utilities Service, High Energy Cost Grants Account: Provided further, That sections 381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under this heading.

rural electrification and telecommunications loans program account

(including transfer of funds)

The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of 1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made pursuant to section 306 of that Act, rural electric, $5,500,000,000; guaranteed underwriting loans pursuant to section 313A, $750,000,000; 5 percent rural telecommunications loans, cost of money rural telecommunications loans, and for loans made pursuant to section 306 of that Act, rural telecommunications loans, $690,000,000: Provided, That up to $2,000,000,000 shall be used for the construction, acquisition, or improvement of fossil-fueled electric generating plants (whether new or existing) that utilize carbon sequestration systems.

For the cost of direct loans as authorized by section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935), including the cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications loans, $3,071,000.

In addition, for administrative expenses necessary to carry out the direct and guaranteed loan programs, $33,270,000, which shall be transferred to and merged with the appropriation for “Rural Development, Salaries and Expenses”.

distance learning, telemedicine, and broadband program

For the principal amount of broadband telecommunication loans, $27,043,000.

For grants for telemedicine and distance learning services in rural areas, as authorized by 7 U.S.C. 950aaa et seq., $26,600,000, to remain available until expended: Provided, That $3,000,000 shall be made available for grants authorized by 379G of the Consolidated Farm and Rural Development Act: Provided further, That funding provided under this heading for grants under 379G of the Consolidated Farm and Rural Development Act may only be provided to entities that meet all of the eligibility criteria for a consortium as established by this section.

For the cost of broadband loans, as authorized by section 601 of the Rural Electrification Act, $4,500,000, to remain available until expended: Provided, That the cost of direct loans shall be as defined in section 502 of the Congressional Budget Act of 1974.

In addition, $34,500,000, to remain available until expended, for a grant program to finance broadband transmission in rural areas eligible for Distance Learning and Telemedicine Program benefits authorized by 7 U.S.C. 950aaa.

TITLE IV

DOMESTIC FOOD PROGRAMS

Office Of The Under Secretary For Food, Nutrition, And Consumer Services

For necessary expenses of the Office of the Under Secretary for Food, Nutrition, and Consumer Services, $814,000.

Food And Nutrition Service

child nutrition programs

(including transfers of funds)

For necessary expenses to carry out the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), except section 21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), except sections 17 and 21; $22,793,982,000 to remain available through September 30, 2018, of which such sums as are made available under section 14222(b)(1) of the Food, Conservation, and Energy Act of 2008 (Public Law 110–246), as amended by this Act, shall be merged with and available for the same time period and purposes as provided herein: Provided, That of the total amount available, $17,004,000 shall be available to carry out section 19 of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided further, That of the total amount available, $25,000,000 shall be available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the equipment needed to serve healthier meals, improve food safety, and to help support the establishment, maintenance, or expansion of the school breakfast program: Provided further, That of the total amount available, $23,000,000 shall remain available until expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80): Provided further, That section 26(d) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking “2010 through 2016” and inserting “2010 through 2017”: Provided further, That section 9(h)(3) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first sentence by striking “for each of fiscal years 2011 through 2015” and inserting “for fiscal year 2017”: Provided further, That section 9(h)(4) of the Richard B. Russell National School Lunch Act (42 U.S.C. 1758(h)(4)) is amended in the first sentence by striking “for each of fiscal years 2011 through 2015” and inserting “for fiscal year 2017”.

special supplemental nutrition program for women, infants, and children (wic)

For necessary expenses to carry out the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available through September 30, 2018: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C. 1786(h)(10)), not less than $60,000,000 shall be used for breastfeeding peer counselors and other related activities, and $13,600,000 shall be used for infrastructure: Provided further, That none of the funds provided in this account shall be available for the purchase of infant formula except in accordance with the cost containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds provided shall be available for activities that are not fully reimbursed by other Federal Government departments or agencies unless authorized by section 17 of such Act: Provided further, That upon termination of a federally mandated vendor moratorium and subject to terms and conditions established by the Secretary, the Secretary may waive the requirement at 7 CFR 246.12(g)(6) at the request of a State agency.

supplemental nutrition assistance program

For necessary expenses to carry out the Food and Nutrition Act of 2008 (7 U.S.C. 2011 et seq.), $78,480,694,000, of which $3,000,000,000, to remain available through December 31, 2018, shall be placed in reserve for use only in such amounts and at such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended in accordance with section 16 of the Food and Nutrition Act of 2008: Provided further, That of the funds made available under this heading, $998,000 may be used to provide nutrition education services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations: Provided further, That this appropriation shall be subject to any work registration or workfare requirements as may be required by law: Provided further, That funds made available for Employment and Training under this heading shall remain available through September 30, 2018: Provided further, That funds made available under this heading for section 28(d)(1), section 4(b), and section 27(a) of the Food and Nutrition Act of 2008 shall remain available through September 30, 2018: Provided further, That none of the funds made available under this heading may be obligated or expended in contravention of section 213A of the Immigration and Nationality Act (8 U.S.C. 1183A): Provided further, That funds made available under this heading may be used to enter into contracts and employ staff to conduct studies, evaluations, or to conduct activities related to program integrity provided that such activities are authorized by the Food and Nutrition Act of 2008.

commodity assistance program

For necessary expenses to carry out disaster assistance and the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973 (7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983; special assistance for the nuclear affected islands, as authorized by section 103(f)(2) of the Compact of Free Association Amendments Act of 2003 (Public Law 108–188); and the Farmers' Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition Act of 1966, $315,139,000, to remain available through September 30, 2018: Provided, That none of these funds shall be available to reimburse the Commodity Credit Corporation for commodities donated to the program: Provided further, That notwithstanding any other provision of law, effective with funds made available in fiscal year 2017 to support the Seniors Farmers' Market Nutrition Program, as authorized by section 4402 of the Farm Security and Rural Investment Act of 2002, such funds shall remain available through September 30, 2018: Provided further, That of the funds made available under section 27(a) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent for costs associated with the distribution of commodities.

nutrition programs administration

For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance program, $170,716,000: Provided, That of the funds provided herein, $17,700,000 shall be available until expended for relocation expenses and for the alteration and repair of buildings and improvements pursuant to 7 U.S.C. 2250: Provided further, That of the funds provided herein, $2,000,000 shall be used for the purposes of section 4404 of Public Law 107–171, as amended by section 4401 of Public Law 110–246: Provided further, That of the funds provided herein, $1,000,000 shall be used to contract for an independent study to identify the best means of consolidating and coordinating reporting requirements under Child Nutrition Programs to eliminate redundancy, increase efficiency, and reduce the reporting burden on school food authorities and State agencies.

TITLE VFOREIGN ASSISTANCE AND RELATED PROGRAMS

Foreign Agricultural Service

salaries and expenses

(including transfers of funds)

For necessary expenses of the Foreign Agricultural Service, including not to exceed $250,000 for representation allowances and for expenses pursuant to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766), $196,571,000: Provided, That the Service may utilize advances of funds, or reimburse this appropriation for expenditures made on behalf of Federal agencies, public and private organizations and institutions under agreements executed pursuant to the agricultural food production assistance programs (7 U.S.C. 1737) and the foreign assistance programs of the United States Agency for International Development: Provided further, That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to $2,000,000 of the Foreign Agricultural Service appropriation solely for the purpose of offsetting fluctuations in international currency exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended.

food for peace title i direct credit and food for progress program account

(including transfer of funds)

For administrative expenses to carry out the credit program of title I, Food for Peace Act (Public Law 83–480) and the Food for Progress Act of 1985, $149,000, shall be transferred to and merged with the appropriation for “Farm Service Agency, Salaries and Expenses”.

food for peace title ii grants

For expenses during the current fiscal year, not otherwise recoverable, and unrecovered prior years' costs, including interest thereon, under the Food for Peace Act (Public Law 83–480), for commodities supplied in connection with dispositions abroad under title II of said Act, $1,466,000,000, to remain available until expended: Provided, That the Administrator of the United States Agency for International Development shall in each instance notify in writing the Committees on Appropriations of both Houses of Congress, the Committee on Agriculture of the House, and the Committee on Agriculture, Nutrition, and Forestry of the Senate and make publicly available online the amount and use of authority in section 202(a) of the Food for Peace Act (7 U.S.C. 1722(a)) to notwithstand the minimum level of nonemergency assistance required by section 412(e)(2) of the Food for Peace Act (7 U.S.C. 1736f(e)(2)) not later than 15 days after the date of such action.

mcgovern-dole international food for education and child nutrition program grants

For necessary expenses to carry out the provisions of section 3107 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 1736o–1), $201,626,000, to remain available until expended: Provided, That the Commodity Credit Corporation is authorized to provide the services, facilities, and authorities for the purpose of implementing such section, subject to reimbursement from amounts provided herein: Provided further, That of the amount made available under this heading, $5,000,000, shall remain available until expended for necessary expenses to carry out the provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C. 1726c).

commodity credit corporation export (loans) credit guarantee program account

(including transfers of funds)

For administrative expenses to carry out the Commodity Credit Corporation's Export Guarantee Program, GSM 102 and GSM 103, $8,537,000; to cover common overhead expenses as permitted by section 11 of the Commodity Credit Corporation Charter Act and in conformity with the Federal Credit Reform Act of 1990, of which $6,074,000 shall be transferred to and merged with the appropriation for “Foreign Agricultural Service, Salaries and Expenses”, and of which $2,463,000 shall be transferred to and merged with the appropriation for “Farm Service Agency, Salaries and Expenses”.

TITLE VIRELATED AGENCY AND FOOD AND DRUG ADMINISTRATION

Department Of Health And Human Services

food and drug administration

salaries and expenses

For necessary expenses of the Food and Drug Administration, including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law 92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose space in the District of Columbia or elsewhere; for miscellaneous and emergency expenses of enforcement activities, authorized and approved by the Secretary and to be accounted for solely on the Secretary's certificate, not to exceed $25,000; and notwithstanding section 521 of Public Law 107–188; $4,655,089,000: Provided, That of the amount provided under this heading, $754,524,000 shall be derived from prescription drug user fees authorized by 21 U.S.C. 379h, and shall be credited to this account and remain available until expended; $126,083,000 shall be derived from medical device user fees authorized by 21 U.S.C. 379j, and shall be credited to this account and remain available until expended; $323,011,000 shall be derived from human generic drug user fees authorized by 21 U.S.C. 379j–42, and shall be credited to this account and remain available until expended; $22,079,000 shall be derived from biosimilar biological product user fees authorized by 21 U.S.C. 379j–52, and shall be credited to this account and remain available until expended; $23,673,000 shall be derived from animal drug user fees authorized by 21 U.S.C. 379j–12, and shall be credited to this account and remain available until expended; $11,341,000 shall be derived from animal generic drug user fees authorized by 21 U.S.C. 379j–21, and shall be credited to this account and remain available until expended; $635,000,000 shall be derived from tobacco product user fees authorized by 21 U.S.C. 387s, and shall be credited to this account and remain available until expended: Provided further, That in addition to and notwithstanding any other provision under this heading, amounts collected for prescription drug user fees, medical device user fees, human generic drug user fees, biosimilar biological product user fees, animal drug user fees, and animal generic drug user fees that exceed the respective fiscal year 2017 limitations are appropriated and shall be credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical device, human generic drug, biosimilar biological product, animal drug, and animal generic drug assessments for fiscal year 2017, including any such fees collected prior to fiscal year 2017 but credited for fiscal year 2017, shall be subject to the fiscal year 2017 limitations: Provided further, That the Secretary may accept payment during fiscal year 2017 of user fees specified under this heading and authorized for fiscal year 2018, prior to the due date for such fees, and that amounts of such fees assessed for fiscal year 2018 for which the Secretary accepts payment in fiscal year 2017 shall not be included in amounts under this heading: Provided further, That none of these funds shall be used to develop, establish, or operate any program of user fees authorized by 31 U.S.C. 9701: Provided further, That of the total amount appropriated: (1) $1,025,503,000 shall be for the Center for Food Safety and Applied Nutrition and related field activities in the Office of Regulatory Affairs; (2) $1,329,328,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $339,618,000 shall be for the Center for Biologics Evaluation and Research and for related field activities in the Office of Regulatory Affairs; (4) $194,252,000 shall be for the Center for Veterinary Medicine and for related field activities in the Office of Regulatory Affairs; (5) $427,928,000 shall be for the Center for Devices and Radiological Health and for related field activities in the Office of Regulatory Affairs; (6) $63,331,000 shall be for the National Center for Toxicological Research; (7) $596,338,000 shall be for the Center for Tobacco Products and for related field activities in the Office of Regulatory Affairs; (8) not to exceed $163,507,000 shall be for Rent and Related activities, of which $46,856,000 is for White Oak Consolidation, other than the amounts paid to the General Services Administration for rent; (9) not to exceed $231,293,000 shall be for payments to the General Services Administration for rent; and (10) $283,991,000 shall be for other activities, including the Office of the Commissioner of Food and Drugs, the Office of Foods and Veterinary Medicine, the Office of Medical and Tobacco Products, the Office of Global and Regulatory Policy, the Office of Operations, the Office of the Chief Scientist, and central services for these offices: Provided further, That not to exceed $25,000 of this amount shall be for official reception and representation expenses, not otherwise provided for, as determined by the Commissioner: Provided further, That any transfer of funds pursuant to section 770(n) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from amounts made available under this heading for other activities: Provided further, That of the amounts that are made available under this heading for “other activities”, and that are not derived from user fees, $1,500,000 shall be transferred to and merged with the appropriation for “Department of Health and Human Services—Office of Inspector General” for oversight of the programs and operations of the Food and Drug Administration and shall be in addition to funds otherwise made available for oversight of the Food and Drug Administration: Provided further, That of the total amount made available under this heading, $3,000,000 shall be used by the Commissioner of Food and Drugs, in coordination with the Secretary of Agriculture, for consumer outreach and education regarding agricultural biotechnology and biotechnology-derived food products and animal feed, including through publication and distribution of science-based educational information on the environmental, nutritional, food safety, economic, and humanitarian impacts of such biotechnology, food products, and feed: Provided further, That funds may be transferred from one specified activity to another with the prior approval of the Committees on Appropriations of both Houses of Congress.

In addition, mammography user fees authorized by 42 U.S.C. 263b, export certification user fees authorized by 21 U.S.C. 381, priority review user fees authorized by 21 U.S.C. 360n and 360ff, food and feed recall fees, food reinspection fees, and voluntary qualified importer program fees authorized by 21 U.S.C. 379j–31, outsourcing facility fees authorized by 21 U.S.C. 379j–62, prescription drug wholesale distributor licensing and inspection fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1), third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), and medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb–4a, shall be credited to this account, to remain available until expended.

buildings and facilities

For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities of or used by the Food and Drug Administration, where not otherwise provided, $11,788,000, to remain available until expended.

INDEPENDENT AGENCY

Farm Credit Administration

limitation on administrative expenses

Not to exceed $68,600,000 (from assessments collected from farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year for administrative expenses as authorized under 12 U.S.C. 2249: Provided, That this limitation shall not apply to expenses associated with receiverships: Provided further, That the agency may exceed this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.

TITLE VII

GENERAL PROVISIONS

(including rescissions and transfers of funds)

SEC. 701.

Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture for the current fiscal year under this Act shall be available for the purchase, in addition to those specifically provided for, of not to exceed 52 passenger motor vehicles of which 52 shall be for replacement only, and for the hire of such vehicles: Provided, That notwithstanding this section, the only purchase of new passenger vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and for the protection of life, property, and public safety.

SEC. 702.

Notwithstanding any other provision of this Act, the Secretary of Agriculture may transfer unobligated balances of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture, such transferred funds to remain available until expended: Provided, That none of the funds made available by this Act or any other Act shall be transferred to the Working Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to the Working Capital Fund pursuant to this section shall be available for obligation without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That none of the funds appropriated by this Act or made available to the Department's Working Capital Fund shall be available for obligation or expenditure to make any changes to the Department's National Finance Center without written notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 717 of this Act: Provided further, That of annual income amounts in the Working Capital Fund of the Department of Agriculture allocated for the National Finance Center, the Secretary may reserve not more than 4 percent for the replacement or acquisition of capital equipment, including equipment for the improvement and implementation of a financial management plan, information technology, and other systems of the National Finance Center or to pay any unforeseen, extraordinary cost of the National Finance Center: Provided further, That none of the amounts reserved shall be available for obligation unless the Secretary submits written notification of the obligation to the Committees on Appropriations of both Houses of Congress: Provided further, That in addition to the funds appropriated or made available in this Act for the National Finance Center the Secretary shall make available $8,608,000 from unobligated balances of the Working Capital Fund and unobligated balances and reserves of the National Finance Center for travel, information technology, financial management systems, and related expenses incurred as a result of a February 2017 tornado: Provided further, That the limitations on the obligation of funds pending notification to Congressional Committees shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency that significantly impacts the operations of the National Finance Center; or to evacuate employees of the National Finance Center to a safe haven to continue operations of the National Finance Center.

SEC. 703.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

SEC. 704.

No funds appropriated by this Act may be used to pay negotiated indirect cost rates on cooperative agreements or similar arrangements between the United States Department of Agriculture and nonprofit institutions in excess of 10 percent of the total direct cost of the agreement when the purpose of such cooperative arrangements is to carry out programs of mutual interest between the two parties. This does not preclude appropriate payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis for all agencies for which appropriations are provided in this Act.

SEC. 705.

Appropriations to the Department of Agriculture for the cost of direct and guaranteed loans made available in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year for the following accounts: the Rural Development Loan Fund program account, the Rural Electrification and Telecommunication Loans program account, and the Rural Housing Insurance Fund program account.

SEC. 706.

None of the funds made available to the Department of Agriculture by this Act may be used to acquire new information technology systems or significant upgrades, as determined by the Office of the Chief Information Officer, without the approval of the Chief Information Officer and the concurrence of the Executive Information Technology Investment Review Board: Provided, That notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That, notwithstanding section 11319 of title 40, United States Code, none of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other agreements over $25,000 prior to receipt of written approval by the Chief Information Officer: Provided further, That the Chief Information Officer may authorize an agency to obligate funds without written approval from the Chief Information Officer for projects, contracts, or other agreements up to $250,000 based upon the performance of an agency measured against the performance plan requirements described in the explanatory statement accompanying Public Law 113–235.

SEC. 707.

Funds made available under section 524(b) of the Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal year shall remain available until expended to disburse obligations made in the current fiscal year.

SEC. 708.

Notwithstanding any other provision of law, any former RUS borrower that has repaid or prepaid an insured, direct or guaranteed loan under the Rural Electrification Act of 1936, or any not-for-profit utility that is eligible to receive an insured or direct loan under such Act, shall be eligible for assistance under section 313(b)(2)(B) of such Act in the same manner as a borrower under such Act.

SEC. 709.

Except as otherwise specifically provided by law, not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for the Farm Service Agency shall remain available through September 30, 2018, for information technology expenses: Provided, That except as otherwise specifically provided by law, unobligated balances from appropriations made available for salaries and expenses in this Act for the Rural Development mission area shall remain available through September 30, 2018, for information technology expenses.

SEC. 710.

None of the funds appropriated or otherwise made available by this Act may be used for first-class travel by the employees of agencies funded by this Act in contravention of sections 301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.

SEC. 711.

In the case of each program established or amended by the Agricultural Act of 2014 (Public Law 113–79), other than by title I or subtitle A of title III of such Act, or programs for which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity Credit Corporation—

(1) such funds shall be available for salaries and related administrative expenses, including technical assistance, associated with the implementation of the program, without regard to the limitation on the total amount of allotments and fund transfers contained in section 11 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714i); and

(2) the use of such funds for such purpose shall not be considered to be a fund transfer or allotment for purposes of applying the limitation on the total amount of allotments and fund transfers contained in such section.

SEC. 712.

Of the funds made available by this Act, not more than $2,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and task forces of the Department of Agriculture, except for panels used to comply with negotiated rule makings and panels used to evaluate competitively awarded grants.

SEC. 713.

None of the funds in this Act shall be available to pay indirect costs charged against any agricultural research, education, or extension grant awards issued by the National Institute of Food and Agriculture that exceed 30 percent of total Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the National Institute of Food and Agriculture shall be available to pay full allowable indirect costs for each grant awarded under section 9 of the Small Business Act (15 U.S.C. 638).

SEC. 714.

None of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out the following:

(1) The Watershed Rehabilitation program authorized by section 14(h)(1) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) in excess of $9,000,000;

(2) The Environmental Quality Incentives Program as authorized by sections 1240-1240H of the Food Security Act of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of $1,357,000,000: Provided, That this limitation shall apply only to funds provided by section 1241(a)(5)(D) of the Food Security Act of 1985 (16 U.S.C. 3841(a)(5)(D));

(3) The Biomass Crop Assistance Program authorized by section 9011 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8111) in excess of $3,000,000 in new obligational authority;

(4) The Biorefinery, Renewable Chemical and Biobased Product Manufacturing Assistance program as authorized by section 9003 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8103) in excess of $151,000,000 of the funding made available by subsection (g)(1)(A) of that section for all fiscal years; and

(5) A program authorized by section 524(b) of the Federal Crop Insurance Act, as amended (7 U.S.C. 1524(b)) in excess of $7,000,000 for fiscal year 2017: Provided, That notwithstanding section 524(b)(4)(C)(i) and 524(b)(4)(C)(iii) this limitation shall not apply to funds provided by section 524(b)(4)(C)(ii).

SEC. 715.

Notwithstanding subsection (b) of section 14222 of Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to as ‘‘section 14222’’), none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to carry out a program under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c; in this section referred to as ‘‘section 32’’) in excess of $886,000,000 (exclusive of carryover appropriations from prior fiscal years), as follows: Child Nutrition Programs Entitlement Commodities—$465,000,000; State Option Contracts— $5,000,000; Removal of Defective Commodities—$2,500,000; Administration of Section 32 Commodity Purchases—$35,440,000: Provided, That of the total funds made available in the matter preceding this proviso that remain unobligated on October 1, 2017, such unobligated balances shall carryover into the next fiscal year and shall remain available until expended for any of the three stated purposes of section 32, except that any such carryover funds used in accordance with clause (3) of section 32 may not exceed $75,000,000 and may not be obligated until the Secretary of Agriculture provides written notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance: Provided further, That none of the funds made available in this Act or any other Act shall be used for salaries and expenses to carry out in this fiscal year sub-section (i)(1)(E) of section 19 of the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a), except in an amount that excludes the transfer of $125,000,000 of the funds to be transferred under subsection (c) of section 14222, until October 1, 2017: Provided further, That $125,000,000 made available on October 1, 2017, to carry out such section 19 shall be excluded from the limitation described in subsection (b)(2)(A)(x) of section 14222: Provided further, That, with the exception of any available carryover funds authorized in the first proviso of this section to be used for the purposes of clause (3) of section 32, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries or expenses of any employee of the Department of Agriculture or officer of the Commodity Credit Corporation to carry out clause (3) of section 32, or for any surplus removal activities or price support activities under section 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c): Provided further, That the available unobligated balances under (b)(2)(A)(ix) of section 14222 in excess of the limitation set forth in this section, excluding the carryover amounts authorized in the first proviso of this section for section 32 and the amounts to be transferred pursuant to the second proviso of this section, are hereby permanently rescinded.

SEC. 716.

None of the funds appropriated by this or any other Act shall be used to pay the salaries and expenses of personnel who prepare or submit appropriations language as part of the President's budget submission to the Congress for programs under the jurisdiction of the Appropriations Subcommittees on Agriculture, Rural Development, Food and Drug Administration, and Related Agencies that assumes revenues or reflects a reduction from the previous year due to user fees proposals that have not been enacted into law prior to the submission of the budget unless such budget submission identifies which additional spending reductions should occur in the event the user fees proposals are not enacted prior to the date of the convening of a committee of conference for the fiscal year 2018 appropriations Act.

SEC. 717.

(a) None of the funds provided by this Act, or provided by previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of Agriculture, through use of the authority provided by section 702(b) of the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—

(1) creates new programs;

(2) eliminates a program, project, or activity;

(3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted;

(4) relocates an office or employees;

(5) reorganizes offices, programs, or activities; or

(6) contracts out or privatizes any functions or activities presently performed by Federal employees;

unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.

(b) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure for activities, programs, or projects through a reprogramming or use of the authorities referred to in subsection (a) involving funds in excess of $500,000 or 10 percent, whichever is less, that—

(1) augments existing programs, projects, or activities;

(2) reduces by 10 percent funding for any existing program, project, or activity, or numbers of personnel by 10 percent as approved by Congress; or

(3) results from any general savings from a reduction in personnel which would result in a change in existing programs, activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human Services (as the case may be) notifies in writing and receives approval from the Committees on Appropriations of both Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such authority.

(c) The Secretary of Agriculture or the Secretary of Health and Human Services shall notify in writing and receive approval from the Committees on Appropriations of both Houses of Congress before implementing any program or activity not carried out during the previous fiscal year unless the program or activity is funded by this Act or specifically funded by any other Act.

(d) None of the funds provided by this Act, or provided by previous Appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury derived by the collection of fees available to the agencies funded by this Act, shall be available for—

(1) modifying major capital investments funding levels, including information technology systems, that involves increasing or decreasing funds in the current fiscal year for the individual investment in excess of $500,000 or 10 percent of the total cost, whichever is less;

(2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center, office, branch, or similar entity with five or more personnel; or

(3) carrying out activities or functions that were not described in the budget request; unless the agencies funded by this Act notify, in writing, the Committees on Appropriations of both Houses of Congress at least 30 days in advance of using the funds for these purposes.

(e) As described in this section, no funds may be used for any activities unless the Secretary of Agriculture or the Secretary of Health and Human Services receives from the Committee on Appropriations of both Houses of Congress written or electronic mail confirmation of receipt of the notification as required in this section.

SEC. 718.

Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the Secretary may assess a one-time fee for any guaranteed business and industry loan in an amount that does not exceed 3 percent of the guaranteed principal portion of the loan.

SEC. 719.

None of the funds appropriated or otherwise made available to the Department of Agriculture, the Food and Drug Administration, or the Farm Credit Administration shall be used to transmit or otherwise make available reports, questions, or responses to questions that are a result of information requested for the appropriations hearing process to any non-Department of Agriculture, non-Department of Health and Human Services, or non-Farm Credit Administration employee.

SEC. 720.

Unless otherwise authorized by existing law, none of the funds provided in this Act, may be used by an executive branch agency to produce any prepackaged news story intended for broadcast or distribution in the United States unless the story includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared or funded by that executive branch agency.

SEC. 721.

No employee of the Department of Agriculture may be detailed or assigned from an agency or office funded by this Act or any other Act to any other agency or office of the Department for more than 60 days in a fiscal year unless the individual's employing agency or office is fully reimbursed by the receiving agency or office for the salary and expenses of the employee for the period of assignment.

SEC. 722.

In addition to amounts otherwise made available by this Act and notwithstanding the last sentence of 16 U.S.C. 1310, there is appropriated $4,000,000, to remain available until expended, to implement non-renewable agreements on eligible lands, including flooded agricultural lands, as determined by the Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).

SEC. 723.

Not later than 30 days after the date of enactment of this Act, the Secretary of Agriculture, the Commissioner of the Food and Drug Administration, and the Chairman of the Farm Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by program, project, and activity for all the funds made available under this Act including appropriated user fees, as defined in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).

SEC. 724.

Funds made available under title II of the Food for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide assistance to recipient nations if adequate monitoring and controls, as determined by the Secretary, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas affected by food shortages and not diverted for unauthorized or inappropriate purposes.

SEC. 725.

The Secretary shall establish an intermediary loan packaging program based on the pilot program in effect for fiscal year 2013 for packaging and reviewing section 502 single family direct loans. The Secretary shall enter into agreements with current intermediary organizations and with additional qualified intermediary organizations. The Secretary shall work with these organizations to increase effectiveness of the section 502 single family direct loan program in rural communities and shall set aside and make available from the national reserve section 502 loans an amount necessary to support the work of such intermediaries and provide a priority for review of such loans.

SEC. 726.

For loans and loan guarantees that do not require budget authority and the program level has been established in this Act, the Secretary of Agriculture may increase the program level for such loans and loan guarantees by not more than 25 percent: Provided, That prior to the Secretary implementing such an increase, the Secretary notifies, in writing, the Committees on Appropriations of both Houses of Congress at least 15 days in advance.

SEC. 727.

None of the credit card refunds or rebates transferred to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public Law 107–76) shall be available for obligation without written notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds or rebates so transferred shall be available for obligation only for the acquisition of plant and capital equipment necessary for the delivery of financial, administrative, and information technology services of primary benefit to the agencies of the Department of Agriculture.

SEC. 728.

None of the funds made available by this Act may be used to procure processed poultry products imported into the United States from the People’s Republic of China for use in the school lunch program under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Care Food Program under section 17 of such Act (42 U.S.C. 1766), the Summer Food Service Program for Children under section 13 of such Act (42 U.S.C. 1761), or the school breakfast program under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).

SEC. 729.

In response to an eligible community where the drinking water supplies are inadequate due to a natural disaster, as determined by the Secretary, including drought or severe weather, the Secretary may provide potable water through the Emergency Community Water Assistance Grant Program for an additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public health.

SEC. 730.

Funds provided by this or any prior Appropriations Act for the Agriculture and Food Research Initiative under 7 U.S.C. 450i(b) shall be made available without regard to section 7128 of the Agricultural Act of 2014 (7 U.S.C. 3371 note), under the matching requirements in laws in effect on the date before the date of enactment of such section: Provided, That the requirements of 7 U.S.C. 450i(b)(9) shall continue to apply.

SEC. 731.

There is hereby appropriated $1,996,000 to carry out section 1621 of Public Law 110–246.

SEC. 732.

None of the funds made available by this Act may be used by the Secretary of Agriculture, acting through the Food and Nutrition Service, to commence any new research and evaluation projects until the Secretary submits to the Committees on Appropriations of both Houses of Congress a research and evaluation plan for fiscal year 2017, prepared in coordination with the Research, Education, and Economics mission area of the Department of Agriculture, and a period of 30 days beginning on the date of the submission of the plan expires to permit Congressional review of the plan.

SEC. 733.

In carrying out subsection (h) of section 502 of the Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture shall have the same authority with respect to loans guaranteed under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under such section 538 and eligible lenders for such loans.

SEC. 734.

None of the funds made available by this Act may be used to propose, promulgate, or implement any rule, or take any other action with respect to, allowing or requiring information intended for a prescribing health care professional, in the case of a drug or biological product subject to section 503(b)(1) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to be distributed to such professional electronically (in lieu of in paper form) unless and until a Federal law is enacted to allow or require such distribution.

SEC. 735.

Any amounts transferred pursuant to section 149 of the Continuing Appropriations Act, 2017 (division C of Public Law 114–223), as amended by the Further Continuing and Security Assistance Appropriations Act, 2017 (Public Law 114–254), that the Secretary of Agriculture determines are not necessary for the cost of direct telecommunications loans authorized by section 305 of the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be transferred back to the accounts to which they were originally appropriated and shall be available for the same purposes as originally appropriated.

SEC. 736.

None of the funds made available by this Act may be used to notify a sponsor or otherwise acknowledge receipt of a submission for an exemption for investigational use of a drug or biological product under section 505(i) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which a human embryo is intentionally created or modified to include a heritable genetic modification. Any such submission shall be deemed to have not been received by the Secretary, and the exemption may not go into effect.

SEC. 737.

None of the funds made available by this or any other Act may be used to carry out the final rule promulgated by the Food and Drug Administration and put into effect November 16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food for animals rule with respect to the regulation of the production, distribution, sale, or receipt of dried spent grain byproducts of the alcoholic beverage production process.

SEC. 738.

(a) The Secretary of Agriculture shall—

(1) conduct audits in a manner that evaluates the following factors in the country or region being audited, as applicable—

(A) veterinary control and oversight;

(B) disease history and vaccination practices;

(C) livestock demographics and traceability;

(D) epidemiological separation from potential sources of infection;

(E) surveillance practices;

(F) diagnostic laboratory capabilities; and

(G) emergency preparedness and response; and

(2) promptly make publicly available the final reports of any audits or reviews conducted pursuant to subsection (1).

(b) This section shall be applied in a manner consistent with United States obligations under its international trade agreements.

SEC. 739.

None of the funds made available by this Act may be used to carry out any activities or incur any expense related to the issuance of licenses under section 3 of the Animal Welfare Act (7 U.S.C. 2133), or the renewal of such licenses, to class B dealers who sell dogs and cats for use in research, experiments, teaching, or testing.

SEC. 740.

No partially hydrogenated oils as defined in the order published by the Food and Drug Administration in the Federal Register on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be deemed unsafe within the meaning of section 409(a) of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)) and no food that is introduced or delivered for introduction into interstate commerce that bears or contains a partially hydrogenated oil shall be deemed adulterated under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act by virtue of bearing or containing a partially hydrogenated oil until the compliance date as specified in such order (June 18, 2018).

SEC. 741.

The Secretary may charge a fee for lenders to access Department loan guarantee systems in connection with such lenders’ participation in loan guarantee programs of the Rural Housing Service: Provided, That the funds collected from such fees shall be made available to the Secretary without further appropriation and such funds shall be deposited into the Rural Development Salaries and Expense Account and shall remain available until expended for obligation and expenditure by the Secretary for administrative expenses of the Rural Housing Service Loan Guarantee Program in addition to other available funds: Provided further, That such fees collected shall not exceed $50 per loan.

SEC. 742.

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities.

SEC. 743.

In addition to amounts otherwise made available by this Act under the heading “Animal and Plant Health Inspection Service—Buildings and Facilities”, there is appropriated $47,000,000, to remain available until expended, for fruit fly rearing facilities.

SEC. 744.

Beginning on the date of enactment of this Act, in fiscal year 2017 and each fiscal year hereafter, notwithstanding any other provision of law, a household certified to participate in the Supplemental Nutrition Assistance Program is required to report in a manner prescribed by the Secretary if the household no longer resides in the State in which it is certified.

SEC. 745.

Of the unobligated balances from amounts made available for the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C. 1786), $850,000,000 are rescinded.

SEC. 746.

(a)(1) No Federal funds made available for this fiscal year for the rural water, waste water, waste disposal, and solid waste management programs authorized by sections 306, 306A, 306C, 306D, 306E, and 310B of the Consolidated Farm and Rural Development Act (7 U.S.C. 1926 et seq.) shall be used for a project for the construction, alteration, maintenance, or repair of a public water or wastewater system unless all of the iron and steel products used in the project are produced in the United States.

(2) In this section, the term “iron and steel products” means the following products made primarily of iron or steel: lined or unlined pipes and fittings, manhole covers and other municipal castings, hydrants, tanks, flanges, pipe clamps and restraints, valves, structural steel, reinforced precast concrete, and construction materials.

(b) Subsection (a) shall not apply in any case or category of cases in which the Secretary of Agriculture (in this section referred to as the “Secretary”) or the designee of the Secretary finds that—

(1) applying subsection (a) would be inconsistent with the public interest;

(2) iron and steel products are not produced in the United States in sufficient and reasonably available quantities or of a satisfactory quality; or

(3) inclusion of iron and steel products produced in the United States will increase the cost of the overall project by more than 25 percent.

(c) If the Secretary or the designee receives a request for a waiver under this section, the Secretary or the designee shall make available to the public on an informal basis a copy of the request and information available to the Secretary or the designee concerning the request, and shall allow for informal public input on the request for at least 15 days prior to making a finding based on the request. The Secretary or the designee shall make the request and accompanying information available by electronic means, including on the official public Internet Web site of the Department.

(d) This section shall be applied in a manner consistent with United States obligations under international agreements.

(e) The Secretary may retain up to 0.25 percent of the funds appropriated in this Act for “Rural Utilities Service—Rural Water and Waste Disposal Program Account” for carrying out the provisions described in subsection (a)(1) for management and oversight of the requirements of this section.

(f) Subsection (a) shall not apply with respect to a project for which the engineering plans and specifications include use of iron and steel products otherwise prohibited by such subsection if the plans and specifications have received required approvals from State agencies prior to the date of enactment of this Act.

(g) For purposes of this section, the terms “United States” and “State” shall include each of the several States, the District of Columbia, and each federally recognized Indian tribe.

SEC. 747.

(a) For the period beginning on the date of enactment of this Act through school year 2017–2018, with respect to the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) or the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.) and final regulations published by the Department of Agriculture in the Federal Register on January 26, 2012 (77 Fed. Reg. 4088 et seq.), the Secretary of Agriculture shall allow States to grant an exemption from the whole grain requirements that took effect on or after July 1, 2014, and the States shall establish a process for evaluating and responding, in a reasonable amount of time, to requests for an exemption: Provided, That school food authorities demonstrate hardship, including financial hardship, in procuring specific whole grain products which are acceptable to the students and compliant with the whole grain-rich requirements: Provided further, That school food authorities shall comply with the applicable grain component or standard with respect to the school lunch or school breakfast program that was in effect prior to July 1, 2014.

(b) For the period beginning on the date of enactment of this Act through school year 2017–2018, none of the funds appropriated or otherwise made available by this or any other Act shall be used to pay the salaries and expenses of personnel to implement any regulations under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.), the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act of 2010 (Public Law 111–296), or any other law that would require a reduction in the quantity of sodium contained in federally reimbursed meals, foods, and snacks sold in schools below Target 1 (as described in section 220.8(f)(3) of title 7, Code of Federal Regulations (or successor regulations)).

(c) For the period beginning on the date of enactment of this Act through school year 2017-2018, notwithstanding any other provision of law, the Secretary shall allow States to grant special exemptions for the service of flavored, low-fat fluid milk in the school lunch program established under the Richard B. Russell National School Lunch Act (42 U.S.C. 1751 et seq.) and the school breakfast program established under the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.), and as a competitive food available on campus during the school day, to schools which demonstrate a reduction in student milk consumption or an increase in school milk waste.

SEC. 748.

In addition to amounts otherwise made available under this Act to carry out section 27(a)(1) of the Food and Nutrition Act of 2008 (7 U.S.C. 2036(a)(1)) for fiscal year 2017, there is appropriated $19,000,000 to carry out such section.

SEC. 749.

(a) Subject to subsection (b), the Secretary of Agriculture may conduct a pilot program in accordance with this section that authorizes not more than $600,000,000 in funds from rural electrification loans made by the Federal Financing Bank that are guaranteed under section 306 of the Rural Electrification Act of 1936 to be used for refinancing debt pursuant to section 306C of such Act (including any associated prepayment penalties and prepayment or refinance premium), notwithstanding subsections (b) and (c)(4) of section 306C of such Act.

(b) The Secretary of Agriculture may not provide an authorization under subsection (a) to a borrower unless the Secretary determines that the refinancing involved will benefit the ratepayers of the borrower.

(c) The Federal Financing Bank shall make a new loan to each borrower refinancing a loan pursuant to this section and section 306 of the Rural Electrification Act of 1936, for the purpose of providing funds for the refinancing, which loan shall be obligated from amounts made available for rural electrification loans, and the Secretary of Agriculture shall guarantee the new loan pursuant to section 306 of the Rural Electrification Act of 1936.

(d) For the cost of refinancing a loan pursuant to this section for any borrower identified by the Federal Financing Bank as having opted since origination of the loan to pay an interest rate premium for the eligibility to prepay at par, including a borrower paying an interest rate premium in the near-term for the right to prepay at par starting in 2020, $13,800,000, to remain available until expended: Provided, That these funds shall also be available for refinancing a loan pursuant to any extension or expansion of this pilot program that is enacted subsequent to this Act for those same borrowers.

(e) The authority for the pilot program provided by this section shall remain in effect through September 30, 2019.

SEC. 750.

Of the total amounts made available by this Act for direct loans and grants in the following headings: “Rural Housing Service—Rural Housing Insurance Fund Program Account”; “Rural Housing Service—Mutual and Self-Help Housing Grants”; “Rural Housing Service—Rural Housing Assistance Grants”; “Rural Housing Service—Rural Community Facilities Program Account”; “Rural Business-Cooperative Service—Rural Business Program Account”; “Rural Business-Cooperative Service—Rural Economic Development Loans Program Account”; “Rural Business- Cooperative Service—Rural Cooperative Development Grants”; “Rural Utilities Service—Rural Water and Waste Disposal Program Account”; “Rural Utilities Service—Rural Electrification and Telecommunications Loans Program Account”; and “Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program”, to the maximum extent feasible, at least 10 percent of the new unobligated balances remaining upon enactment shall be allocated for assistance in persistent poverty counties under this section: Provided, That for purposes of this section, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1980, 1990, and 2000 decennial censuses, and 2007–2011 American Community Survey 5-year average: Provided further, That with respect to specific activities for which program levels have been made available by this Act that are not supported by budget authority, the requirements of this section shall be applied to such program level.

SEC. 751.

For the purposes of determining eligibility or level of program assistance for Rural Development mission area programs the Secretary shall not include incarcerated prison populations.

SEC. 752.

For an additional amount for “Food and Drug Administration—Salaries and Expenses” to prevent, prepare for, and respond to emerging health threats, including the Ebola and Zika viruses, domestically and internationally and to develop necessary medical countermeasures and vaccines, including the review, regulation, and post market surveillance of vaccines and therapies, and for related administrative activities, $10,000,000, to remain available until expended.

SEC. 753.

There is hereby appropriated for the “Emergency Conservation Program”, $28,651,000, to remain available until expended for emergencies not declared as a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.).

SEC. 754.

None of the funds appropriated by this Act may be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before Congress, other than to communicate to Members of Congress as described in 18 U.S.C. 1913.

SEC. 755.

In addition to funds appropriated in this Act, there is hereby appropriated $134,000,000, to remain available until expended, under the heading “Food for Peace Title II Grants”: Provided, That the funds made available under this section shall be used for the purposes set forth in the Food for Peace Act for both emergency and non-emergency purposes.

SEC. 756.

The Secretary of Health and Human Services, acting through the Commissioner of Food and Drugs, shall issue final regulations revising the Federal drug regulations (as defined in section 1112(c) of such Act (21 U.S.C. 360dd note)) with respect to medical gases not later than July 15, 2017.

SEC. 757.

For an additional amount for “Animal and Plant Health Inspection Service—Salaries and Expenses”, $5,500,000, to remain available until September 30, 2018, for one-time control and management and associated activities directly related to the multiple-agency response to citrus greening.

SEC. 758.

The following unobligated balances identified by the following Treasury Appropriation Fund Symbols are hereby rescinded: 12X1951, $632,928.89; 12X1953, $2,420,129.91; 12X1902, $352,323.31; 12X1900, $16,452.44; and 12X1232, $529,310.95: Provided, That no amounts may be rescinded from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 759.

The unobligated balances resulting from offsetting collections identified by Treasury Appropriation Fund Symbols 12X1951, 12X2002, 12X2006, 12X1902, 12X1900, 12X1232, and 12X1980, respectively, are hereby rescinded: Provided, that no amounts may be rescinded from amounts that were designated by the Congress as an emergency or disaster relief requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 760.

There is hereby appropriated $5,000,000, to remain available until September 30, 2018, for a pilot program for the National Institute of Food and Agriculture to provide grants to nonprofit organizations for programs and services to establish and enhance farming and ranching opportunities for military veterans.

SEC. 761.

During fiscal year 2017, the Food and Drug Administration (FDA) shall not allow the introduction or delivery for introduction into interstate commerce of any food that contains genetically engineered salmon until FDA publishes final labeling guidelines for informing consumers of such content.

SEC. 762.

None of the funds made available in this Act may be used to pay the salary or expenses of personnel—

(1) to inspect horses under section 3 of the Federal Meat Inspection Act (21 U.S.C. 603);

(2) to inspect horses under section 903 of the Federal Agriculture Improvement and Reform Act of 1996 (7 U.S.C. 1901 note; Public Law 104–127); or

(3) to implement or enforce section 352.19 of title 9, Code of Federal Regulations (or a successor regulation).

SEC. 763.

The Secretary shall set aside for Rural Economic Area Partnership (REAP) Zones, until August 15, 2017, an amount of funds made available in title III under the headings of Rural Housing Insurance Fund Program Account, Mutual and Self-Help Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account, Rural Development Loan Fund Program Account, and Rural Water and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones.

SEC. 764.

There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55.

SEC. 765.

None of the funds made available by this Act may be used to implement, administer, or enforce the “variety” requirements of the final rule entitled “Enhancing Retailer Standards in the Supplemental Nutrition Assistance Program (SNAP)” published by the Department of Agriculture in the Federal Register on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary of Agriculture amends the definition of the term “variety” as de fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and “variety” as applied in the definition of the term “staple food” as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable varieties in each staple food category so that the total number of such items in each staple food category exceeds the number of such items in each staple food category included in the final rule as published on December 15, 2016: Provided, That until the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties and breadth of stock to Supplemental Nutrition Assistance Program retailers that were in effect on the day before the date of the enactment of the Agricultural Act of 2014 (Public Law 113–79).

SEC. 766.

None of the funds made available by this Act may be used by the Food and Drug Administration to develop, issue, promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop, issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until the date on which a dietary reference intake report with respect to sodium is completed.

SEC. 767.

There is hereby appropriated $1,000,000, to remain available until September 30, 2018, for the cost of loans and grants that is consistent with section 4206 of the Agricultural Act of 2014, for necessary expenses of the Secretary to support projects that provide access to healthy food in underserved areas, to create and preserve quality jobs, and to revitalize low-income communities.

SEC. 768.

In addition to funds appropriated in this Act, there is hereby appropriated $500,000, to remain available until September 30, 2018, under the heading “Rural Development, Salaries and Expenses”, for development of an implementation plan for increasing access to education in the fields of science, technology, engineering, and mathematics in rural communities through the Distance Learning and Telemedicine program.

SEC. 769.

There is hereby appropriated $8,000,000, to remain available until September 30, 2018, to carry out section 6407 of the Farm Security and Rural Investment Act of 2002 (7 U.S.C. 8107a).

SEC. 770.

(a) Of the unobligated balances from amounts made available in fiscal year 2016 for the Comprehensive Loan Accounting System under the heading “Rural Development, Salaries and Expenses”, $8,900,000 are hereby rescinded.

(b) For an additional amount for “Rural Development, Salaries and Expenses”, $8,900,000, to remain available until September 30, 2018, is provided for Information Technology modernization activities.

SEC. 771.

The Secretary shall modify the pilot program initiated March 1, 2017, designed to preserve affordable rental housing through non-profit transfer or acquisition of Section 515 properties with expiring mortgages. The program will study effective means to transfer Section 515 properties exiting the program due to mortgage maturity to qualified nonprofit organizations to preserve the properties in the Rural Housing Service multi-family program. The Secretary shall—

(1) Conduct limited research under the authority found at section 506(b) of the Housing Act of 1949, as amended (41 U.S.C. §1476(b));

(2) Track the results and identify ways or incentives to create additional opportunities for nonprofits to participate in the preservation of properties;

(3) Work collaboratively with third-parties to address concerns identified on the Department issued guidance issued September 16, 2016 titled, “March 1, 2017, Pilot Program to Promote Non-Profit Participation in Transactions to Retain the Section 515 Portfolio” to maximize research benefits and potential application; and

(4) Conduct research for two years after the date of the enactment of this Act and report the findings to the Committees on Appropriations of both Houses of Congress:

Provided, That there is hereby appropriated $1,000,000, to remain available until September 30, 2018, to provide grants to qualified non-profit organizations and public housing authorities to provide technical assistance, including financial and legal services, to RHS multi-family housing borrowers to facilitate the acquisition of RHS multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing.

SEC. 772.

(a) The Secretary of Agriculture (referred to in this section as the “Secretary”) shall carry out a pilot program during fiscal year 2017 with respect to the 2016 crop year for county-level agriculture risk coverage payments under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides all or some of the State Farm Service Agency offices in each State the opportunity to provide agricultural producers in the State a supplemental payment described in subsection (c) based on the alternate calculation method described in subsection (b) for 1 or more counties in a State if the office for that State determines that the alternate calculation method is necessary to ensure that, to the maximum extent practicable, there are not significant yield calculation disparities between comparable counties in the State.

(b) The alternate calculation method referred to in subsection (a) is a method of calculating the actual yield for the 2016 crop year for county-level agriculture risk coverage payments under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), under which—

(1) county data of the National Agricultural Statistics Service (referred to in this section as “NASS data”) is used for the calculations;

(2) if there is insufficient NASS data for a county (as determined under standards of the Secretary in effect as of the date of enactment of this Act) or the available NASS data produces a substantially disparate result, the calculation of the county yield is determined using comparable contiguous county NASS data as determined by the Farm Service Agency office in the applicable State; and

(3) if there is insufficient NASS data for a comparable contiguous county (as determined under standards of the Secretary in effect as of the date of enactment of this Act), the calculation of the county yield is determined using reliable yield data from other sources, such as Risk Management Agency data, National Agricultural Statistics Service district data, National Agricultural Statistics Service State yield data, or other data as determined by the Farm Service Agency office in the applicable State.

(c)(1) A supplemental payment made under the pilot program established under this section may be made to an agricultural producer who is subject to the alternate calculation method described in subsection (b) if that agricultural producer would otherwise receive a county-level agriculture risk coverage payment for the 2016 crop year in an amount that is less than the payment that the agricultural producer would receive under the alternate calculation method.

(2) The amount of a supplemental payment to an agricultural producer under this section may not exceed the difference between—

(A) the payment that the agricultural producer would have received without the alternate calculation method described in subsection (b); and

(B) the payment that the agricultural producer would receive using the alternate calculation method.

(d)(1) There is appropriated to the Secretary, out of funds of the Treasury not otherwise appropriated, $5,000,000, to remain available until September 30, 2018, to carry out the pilot program described in this section.

(2) Of the funds appropriated, the Secretary shall use not more than $5,000,000 to carry out the pilot program described in this section.

(e)(1) To the maximum extent practicable, the Secretary shall select States to participate in the pilot program under this section so the cost of the pilot program equals the amount provided under subsection (d).

(2) To the extent that the cost of the pilot program exceeds the amount made available, the Secretary shall reduce all payments under the pilot program on a pro rata basis.

(f) Nothing in this section affects the calculation of actual yield for purposes of county-level agriculture risk coverage payments under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)) other than payments made in accordance with the pilot program under this section.

(g) A calculation of actual yield made using the alternate calculation method described in subsection (b) shall not be used as a basis for any agriculture risk coverage payment determinations under section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017) other than for purposes of the pilot program under this section.

SEC. 773.

None of the funds made available by this Act or any other Act may be used—

(1) in contravention of section 7606 of the Agricultural Act of 2014 (7 U.S.C. 5940); or

(2) to prohibit the transportation, processing, sale, or use of industrial hemp that is grown or cultivated in accordance with section 7606 of the Agricultural Act of 2014, within or outside the State in which the industrial hemp is grown or cultivated.

SEC. 774.

Notwithstanding any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.), the acceptable market name of Lithodes aequispinus is “golden king crab.”

This division may be cited as the “Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017”.

DIVISION BCommerce, Justice, Science, and Related Agencies Appropriations Act, 2017

TITLE I

DEPARTMENT OF COMMERCE

International Trade Administration

operations and administration

For necessary expenses for international trade activities of the Department of Commerce provided for by law, and for engaging in trade promotional activities abroad, including expenses of grants and cooperative agreements for the purpose of promoting exports of United States firms, without regard to sections 3702 and 3703 of title 44, United States Code; full medical coverage for dependent members of immediate families of employees stationed overseas and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration between two points abroad, without regard to section 40118 of title 49, United States Code; employment of citizens of the United States and aliens by contract for services; rental of space abroad for periods not exceeding 10 years, and expenses of alteration, repair, or improvement; purchase or construction of temporary demountable exhibition structures for use abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $294,300 for official representation expenses abroad; purchase of passenger motor vehicles for official use abroad, not to exceed $45,000 per vehicle; obtaining insurance on official motor vehicles; and rental of tie lines, $495,000,000, to remain available until September 30, 2018, of which $12,000,000 is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of title 31, United States Code: Provided, That, of amounts provided under this heading, not less than $16,400,000 shall be for China antidumping and countervailing duty enforcement and compliance activities: Provided further, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities; and that for the purpose of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment for assessments for services provided as part of these activities.

Bureau Of Industry And Security

operations and administration

For necessary expenses for export administration and national security activities of the Department of Commerce, including costs associated with the performance of export administration field activities both domestically and abroad; full medical coverage for dependent members of immediate families of employees stationed overseas; employment of citizens of the United States and aliens by contract for services abroad; payment of tort claims, in the manner authorized in the first paragraph of section 2672 of title 28, United States Code, when such claims arise in foreign countries; not to exceed $13,500 for official representation expenses abroad; awards of compensation to informers under the Export Administration Act of 1979, and as authorized by section 1(b) of the Act of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase of passenger motor vehicles for official use and motor vehicles for law enforcement use with special requirement vehicles eligible for purchase without regard to any price limitation otherwise established by law, $112,500,000, to remain available until expended: Provided, That the provisions of the first sentence of section 105(f) and all of section 108(c) of the Mutual Educational and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply in carrying out these activities: Provided further, That payments and contributions collected and accepted for materials or services provided as part of such activities may be retained for use in covering the cost of such activities, and for providing information to the public with respect to the export administration and national security activities of the Department of Commerce and other export control programs of the United States and other governments.

Economic Development Administration

economic development assistance programs

For grants for economic development assistance as provided by the Public Works and Economic Development Act of 1965, for trade adjustment assistance, and for grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), $237,000,000, to remain available until expended, of which $17,000,000 shall be for grants under such section 27.

salaries and expenses

For necessary expenses of administering the economic development assistance programs as provided for by law, $39,000,000: Provided, That these funds may be used to monitor projects approved pursuant to title I of the Public Works Employment Act of 1976, title II of the Trade Act of 1974, section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722), and the Community Emergency Drought Relief Act of 1977.

Minority Business Development Agency

minority business development

For necessary expenses of the Department of Commerce in fostering, promoting, and developing minority business enterprise, including expenses of grants, contracts, and other agreements with public or private organizations, $34,000,000.

Economic And Statistical Analysis

salaries and expenses

For necessary expenses, as authorized by law, of economic and statistical analysis programs of the Department of Commerce, $107,300,000, to remain available until September 30, 2018.

Bureau Of The Census

current surveys and programs

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $270,000,000: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further, That the Bureau of the Census shall collect and analyze data for the Annual Social and Economic Supplement to the Current Population Survey using the same health insurance questions included in previous years, in addition to the revised questions implemented in the Current Population Survey beginning in February 2014.

periodic censuses and programs

(including transfer of funds)

For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs provided for by law, $1,200,000,000, to remain available until September 30, 2018: Provided, That, from amounts provided herein, funds may be used for promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated, $2,580,000 shall be transferred to the “Office of Inspector General” account for activities associated with carrying out investigations and audits related to the Bureau of the Census: Provided further, That not more than 50 percent of the amounts made available under this heading for information technology related to 2020 census delivery, including the Census Enterprise Data Collection and Processing (CEDCaP) program, may be obligated until the Secretary submits to the Committees on Appropriations of the House of Representatives and the Senate a plan for expenditure that: (1) identifies for each CEDCaP project/investment over $25,000: (A) the functional and performance capabilities to be delivered and the mission benefits to be realized; (B) the estimated lifecycle cost, including estimates for development as well as maintenance and operations; and (C) key milestones to be met; (2) details for each project/investment: (A) reasons for any cost and schedule variances; and (B) top risks and mitigation strategies; and (3) has been submitted to the Government Accountability Office.

National Telecommunications And Information Administration

salaries and expenses

For necessary expenses, as provided for by law, of the National Telecommunications and Information Administration (NTIA), $32,000,000, to remain available until September 30, 2018: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and such fees shall be retained and used as offsetting collections for costs of such spectrum services, to remain available until expended: Provided further, That the Secretary of Commerce is authorized to retain and use as offsetting collections all funds transferred, or previously transferred, from other Government agencies for all costs incurred in telecommunications research, engineering, and related activities by the Institute for Telecommunication Sciences of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies shall remain available until expended.

public telecommunications facilities, planning and construction

For the administration of prior-year grants, recoveries and unobligated balances of funds previously appropriated are available for the administration of all open grants until their expiration.

United States Patent And Trademark Office

salaries and expenses

(including transfers of funds)

For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of suits instituted against the Under Secretary of Commerce for Intellectual Property and Director of the USPTO, $3,230,000,000, to remain available until expended: Provided, That the sum herein appropriated from the general fund shall be reduced as offsetting collections of fees and surcharges assessed and collected by the USPTO under any law are received during fiscal year 2017, so as to result in a fiscal year 2017 appropriation from the general fund estimated at $0: Provided further, That during fiscal year 2017, should the total amount of such offsetting collections be less than $3,230,000,000 this amount shall be reduced accordingly: Provided further, That any amount received in excess of $3,230,000,000 in fiscal year 2017 and deposited in the Patent and Trademark Fee Reserve Fund shall remain available until expended: Provided further, That the Director of USPTO shall submit a spending plan to the Committees on Appropriations of the House of Representatives and the Senate for any amounts made available by the preceding proviso and such spending plan shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That any amounts reprogrammed in accordance with the preceding proviso shall be transferred to the United States Patent and Trademark Office “Salaries and Expenses” account: Provided further, That from amounts provided herein, not to exceed $900 shall be made available in fiscal year 2017 for official reception and representation expenses: Provided further, That in fiscal year 2017 from the amounts made available for “Salaries and Expenses” for the USPTO, the amounts necessary to pay (1) the difference between the percentage of basic pay contributed by the USPTO and employees under section 8334(a) of title 5, United States Code, and the normal cost percentage (as defined by section 8331(17) of that title) as provided by the Office of Personnel Management (OPM) for USPTO's specific use, of basic pay, of employees subject to subchapter III of chapter 83 of that title, and (2) the present value of the otherwise unfunded accruing costs, as determined by OPM for USPTO's specific use of post-retirement life insurance and post-retirement health benefits coverage for all USPTO employees who are enrolled in Federal Employees Health Benefits (FEHB) and Federal Employees Group Life Insurance (FEGLI), shall be transferred to the Civil Service Retirement and Disability Fund, the FEGLI Fund, and the FEHB Fund, as appropriate, and shall be available for the authorized purposes of those accounts: Provided further, That any differences between the present value factors published in OPM's yearly 300 series benefit letters and the factors that OPM provides for USPTO's specific use shall be recognized as an imputed cost on USPTO's financial statements, where applicable: Provided further, That, notwithstanding any other provision of law, all fees and surcharges assessed and collected by USPTO are available for USPTO only pursuant to section 42(c) of title 35, United States Code, as amended by section 22 of the Leahy-Smith America Invents Act (Public Law 112–29): Provided further, That within the amounts appropriated, $2,000,000 shall be transferred to the “Office of Inspector General” account for activities associated with carrying out investigations and audits related to the USPTO.

National Institute Of Standards And Technology

scientific and technical research and services

(including transfer of funds)

For necessary expenses of the National Institute of Standards and Technology (NIST), $690,000,000, to remain available until expended, of which not to exceed $9,000,000 may be transferred to the “Working Capital Fund”: Provided, That not to exceed $5,000 shall be for official reception and representation expenses: Provided further, That NIST may provide local transportation for summer undergraduate research fellowship program participants.

industrial technology services

For necessary expenses for industrial technology services, $155,000,000, to remain available until expended, of which $130,000,000 shall be for the Hollings Manufacturing Extension Partnership, and of which $25,000,000 shall be for the National Network for Manufacturing Innovation: Provided, That of the amount provided under this heading, $2,000,000 shall be derived from recoveries of prior year obligations.

construction of research facilities

For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance of existing facilities, not otherwise provided for the National Institute of Standards and Technology, as authorized by sections 13 through 15 of the National Institute of Standards and Technology Act (15 U.S.C. 278c–278e), $109,000,000, to remain available until expended: Provided, That the Secretary of Commerce shall include in the budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Institute of Standards and Technology construction project having a total multi-year program cost of more than $5,000,000, and simultaneously the budget justification materials shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years.

National Oceanic And Atmospheric Administration

operations, research, and facilities

(including transfer of funds)

For necessary expenses of activities authorized by law for the National Oceanic and Atmospheric Administration, including maintenance, operation, and hire of aircraft and vessels; grants, contracts, or other payments to nonprofit organizations for the purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,367,875,000, to remain available until September 30, 2018, except that funds provided for cooperative enforcement shall remain available until September 30, 2019: Provided, That fees and donations received by the National Ocean Service for the management of national marine sanctuaries may be retained and used for the salaries and expenses associated with those activities, notwithstanding section 3302 of title 31, United States Code: Provided further, That in addition, $130,164,000 shall be derived by transfer from the fund entitled “Promote and Develop Fishery Products and Research Pertaining to American Fisheries”, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program, Cooperative Research, Annual Stock Assessments, Survey and Monitoring Projects, Interjurisdictional Fisheries Grants, and Fish Information Networks: Provided further, That of the $3,515,539,000 provided for in direct obligations under this heading, $3,367,875,000 is appropriated from the general fund, $130,164,000 is provided by transfer and $17,500,000 is derived from recoveries of prior year obligations: Provided further, That the total amount available for National Oceanic and Atmospheric Administration corporate services administrative support costs shall not exceed $228,440,000: Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That in addition, for necessary retired pay expenses under the Retired Serviceman's Family Protection and Survivor Benefits Plan, and for payments for the medical care of retired personnel and their dependents under the Dependents' Medical Care Act (10 U.S.C. ch. 55), such sums as may be necessary.

procurement, acquisition and construction

(including transfer of funds)

For procurement, acquisition and construction of capital assets, including alteration and modification costs, of the National Oceanic and Atmospheric Administration, $2,242,610,000, to remain available until September 30, 2019, except that funds provided for acquisition and construction of vessels and construction of facilities shall remain available until expended: Provided, That of the $2,255,610,000 provided for in direct obligations under this heading, $2,242,610,000 is appropriated from the general fund and $13,000,000 is provided from recoveries of prior year obligations: Provided further, That any deviation from the amounts designated for specific activities in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), or any use of deobligated balances of funds provided under this heading in previous years, shall be subject to the procedures set forth in section 505 of this Act: Provided further, That the Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the Department of Commerce budget (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) an estimate for each National Oceanic and Atmospheric Administration procurement, acquisition or construction project having a total of more than $5,000,000 and simultaneously the budget justification shall include an estimate of the budgetary requirements for each such project for each of the 5 subsequent fiscal years: Provided further, That, within the amounts appropriated, $1,302,000 shall be transferred to the “Office of Inspector General” account for activities associated with carrying out investigations and audits related to satellite procurement, acquisition and construction.

pacific coastal salmon recovery

For necessary expenses associated with the restoration of Pacific salmon populations, $65,000,000, to remain available until September 30, 2018: Provided, That, of the funds provided herein, the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the Federally recognized tribes of the Columbia River and Pacific Coast (including Alaska), for projects necessary for conservation of salmon and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed, for maintaining populations necessary for exercise of tribal treaty fishing rights or native subsistence fishing, or for conservation of Pacific coastal salmon and steelhead habitat, based on guidelines to be developed by the Secretary of Commerce: Provided further, That all funds shall be allocated based on scientific and other merit principles and shall not be available for marketing activities: Provided further, That funds disbursed to States shall be subject to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.

fishermen's contingency fund

For carrying out the provisions of title IV of Public Law 95–372, not to exceed $350,000, to be derived from receipts collected pursuant to that Act, to remain available until expended.

fisheries finance program account

Subject to section 502 of the Congressional Budget Act of 1974, during fiscal year 2017, obligations of direct loans may not exceed $24,000,000 for Individual Fishing Quota loans and not to exceed $100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936.

Departmental Management

salaries and expenses

For necessary expenses for the management of the Department of Commerce provided for by law, including not to exceed $4,500 for official reception and representation, $58,000,000: Provided, That within amounts provided, the Secretary of Commerce may use up to $2,500,000 to engage in activities to provide businesses and communities with information about and referrals to relevant Federal, State, and local government programs.

renovation and modernization

(including transfer of funds)

For necessary expenses for the renovation and modernization of the Herbert C. Hoover Building, including security-related costs, $4,000,000, to remain available until expended: Provided, That the Secretary of Commerce may transfer up to $8,224,000 to this account from funds available to the Department of Commerce: Provided further, That the transfer authority provided in the first proviso is in addition to any other transfer authority contained in this Act: Provided further, That any transfer pursuant to the authority provided under this heading shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the provisions of the Inspector General Act of 1978 (5 U.S.C. App.), $32,744,000.

General Provisions—department Of Commerce

(including transfer of funds)

SEC. 101.

During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce by this Act shall be available for the activities specified in the Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in the manner prescribed by the Act, and, notwithstanding 31 U.S.C. 3324, may be used for advanced payments not otherwise authorized only upon the certification of officials designated by the Secretary of Commerce that such payments are in the public interest.

SEC. 102.

During the current fiscal year, appropriations made available to the Department of Commerce by this Act for salaries and expenses shall be available for hire of passenger motor vehicles as authorized by 31 U.S.C. 1343 and 1344; services as authorized by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized by law (5 U.S.C. 5901–5902).

SEC. 103.

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Commerce in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That the Secretary of Commerce shall notify the Committees on Appropriations at least 15 days in advance of the acquisition or disposal of any capital asset (including land, structures, and equipment) not specifically provided for in this Act or any other law appropriating funds for the Department of Commerce.

SEC. 104.

The requirements set forth by section 105 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2012 (Public Law 112–55), as amended by section 105 of title I of division B of Public Law 113–6, are hereby adopted by reference and made applicable with respect to fiscal year 2017: Provided, That the life cycle cost for the Joint Polar Satellite System is $11,322,125,000 and the life cycle cost for the Geostationary Operational Environmental Satellite R-Series Program is $10,828,059,000.

SEC. 105.

Notwithstanding any other provision of law, the Secretary may furnish services (including but not limited to utilities, telecommunications, and security services) necessary to support the operation, maintenance, and improvement of space that persons, firms, or organizations are authorized, pursuant to the Public Buildings Cooperative Use Act of 1976 or other authority, to use or occupy in the Herbert C. Hoover Building, Washington, DC, or other buildings, the maintenance, operation, and protection of which has been delegated to the Secretary from the Administrator of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable basis. Amounts received as reimbursement for services provided under this section or the authority under which the use or occupancy of the space is authorized, up to $200,000, shall be credited to the appropriation or fund which initially bears the costs of such services.

SEC. 106.

Nothing in this title shall be construed to prevent a grant recipient from deterring child pornography, copyright infringement, or any other unlawful activity over its networks.

SEC. 107.

The Administrator of the National Oceanic and Atmospheric Administration is authorized to use, with their consent, with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of any department, agency, or instrumentality of the United States, or of any State, local government, Indian tribal government, Territory, or possession, or of any political subdivision thereof, or of any foreign government or international organization, for purposes related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.

SEC. 108.

The National Technical Information Service shall not charge any customer for a copy of any report or document generated by the Legislative Branch unless the Service has provided information to the customer on how an electronic copy of such report or document may be accessed and downloaded for free online. Should a customer still require the Service to provide a printed or digital copy of the report or document, the charge shall be limited to recovering the Service's cost of processing, reproducing, and delivering such report or document.

SEC. 109.

The Secretary of Commerce may waive the requirement for bonds under 40 U.S.C. 3131 with respect to contracts for the construction, alteration, or repair of vessels, regardless of the terms of the contracts as to payment or title, when the contract is made under the Coast and Geodetic Survey Act of 1947 (33 U.S.C. 883a et seq.).

SEC. 110.

None of the funds appropriated or otherwise made available in this or any other Act, with respect to any fiscal year, may be used in contravention of section 110 of the Commerce, Justice, Science, and Related Agencies Appropriations Act, 2016 (Public Law 114–113).

SEC. 111.

To carry out the responsibilities of the National Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land, services, equipment, personnel, and facilities provided by; and (3) receive and expend funds made available on a consensual basis from: a Federal agency, State or subdivision thereof, local government, tribal government, territory, or possession or any subdivisions thereof: Provided, That funds received for permitting and related regulatory activities pursuant to this section shall be deposited under the heading “National Oceanic and Atmospheric Administration—Operations, Research, and Facilities” and shall remain available until September 30, 2019, for such purposes: Provided further, That all funds within this section and their corresponding uses are subject to section 505 of this Act.

SEC. 112.

Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided for programs of the Bureau of Economic Analysis and the U.S. Census Bureau, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or local governmental unit, or institution of higher education, to aid and promote statistical, research, and methodology activities which further the purposes for which such amounts have been made available.

SEC. 113.

For fiscal year 2017 and each fiscal year thereafter, no person shall conduct any research, exploration, salvage, or other activity that would physically alter or disturb the wreck or wreck site of the RMS Titanic unless authorized by the Secretary of Commerce per the provisions of the Agreement Concerning the Shipwrecked Vessel RMS Titanic . The Secretary of Commerce shall take appropriate actions to carry out this section consistent with the Agreement.

This title may be cited as the “Department of Commerce Appropriations Act, 2017”.

TITLE IIDepartment of Justice

General Administration

salaries and expenses

For expenses necessary for the administration of the Department of Justice, $114,124,000, of which not to exceed $4,000,000 for security and construction of Department of Justice facilities shall remain available until expended.

justice information sharing technology

(including transfer of funds)

For necessary expenses for information sharing technology, including planning, development, deployment and departmental direction, $31,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $35,400,000 to this account, from funds available to the Department of Justice for information technology, to remain available until expended, for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in addition to any other transfer authority contained in this Act: Provided further, That any transfer pursuant to the first proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

executive office for immigration review

(including transfer of funds)

For expenses necessary for the administration of immigration-related activities of the Executive Office for Immigration Review, $440,000,000, of which $4,000,000 shall be derived by transfer from the Executive Office for Immigration Review fees deposited in the “Immigration Examinations Fee” account: Provided, That not to exceed $15,000,000 of the total amount made available under this heading shall remain available until expended: Provided further, That any unobligated balances available from funds appropriated for the Executive Office for Immigration Review under the heading “General Administration, Administrative Review and Appeals” shall be transferred to and merged with the appropriation under this heading.

office of inspector general

For necessary expenses of the Office of Inspector General, $95,583,000, including not to exceed $10,000 to meet unforeseen emergencies of a confidential character.

United States Parole Commission

salaries and expenses

For necessary expenses of the United States Parole Commission as authorized, $13,308,000: Provided, That, notwithstanding any other provision of law, upon the expiration of a term of office of a Commissioner, the Commissioner may continue to act until a successor has been appointed.

Legal Activities

salaries and expenses, general legal activities

For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed $20,000 for expenses of collecting evidence, to be expended under the direction of, and to be accounted for solely under the certificate of, the Attorney General; the administration of pardon and clemency petitions; and rent of private or Government-owned space in the District of Columbia, $897,500,000, of which not to exceed $20,000,000 for litigation support contracts shall remain available until expended: Provided, That of the amount provided for INTERPOL Washington dues payments, not to exceed $685,000 shall remain available until expended: Provided further, That of the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for litigation activities of the Civil Division, the Attorney General may transfer such amounts to “Salaries and Expenses, General Legal Activities” from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That of the amount appropriated, such sums as may be necessary shall be available to the Civil Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel Management for such salaries and expenses: Provided further, That of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended.

In addition, for reimbursement of expenses of the Department of Justice associated with processing cases under the National Childhood Vaccine Injury Act of 1986, not to exceed $10,000,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.

salaries and expenses, antitrust division

For expenses necessary for the enforcement of antitrust and kindred laws, $164,977,000, to remain available until expended: Provided, That notwithstanding any other provision of law, fees collected for premerger notification filings under the Hart-Scott-Rodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $125,000,000 in fiscal year 2017), shall be retained and used for necessary expenses in this appropriation, and shall remain available until expended: Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received during fiscal year 2017, so as to result in a final fiscal year 2017 appropriation from the general fund estimated at $39,977,000.

salaries and expenses, united states attorneys

For necessary expenses of the Offices of the United States Attorneys, including inter-governmental and cooperative agreements, $2,035,000,000: Provided, That of the total amount appropriated, not to exceed $7,200 shall be available for official reception and representation expenses: Provided further, That not to exceed $25,000,000 shall remain available until expended: Provided further, That each United States Attorney shall establish or participate in a task force on human trafficking.

united states trustee system fund

For necessary expenses of the United States Trustee Program, as authorized, $225,908,000, to remain available until expended: Provided, That, notwithstanding any other provision of law, deposits to the United States Trustee System Fund and amounts herein appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees collected pursuant to section 589a(b) of title 28, United States Code, shall be retained and used for necessary expenses in this appropriation and shall remain available until expended: Provided further, That to the extent that fees collected in fiscal year 2017, net of amounts necessary to pay refunds due depositors, exceed $225,908,000, those excess amounts shall be available in future fiscal years only to the extent provided in advance in appropriations Acts: Provided further, That the sum herein appropriated from the general fund shall be reduced (1) as such fees are received during fiscal year 2017, net of amounts necessary to pay refunds due depositors, (estimated at $163,000,000) and (2) to the extent that any remaining general fund appropriations can be derived from amounts deposited in the Fund in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2017 appropriation from the general fund estimated at $62,908,000.

salaries and expenses, foreign claims settlement commission

For expenses necessary to carry out the activities of the Foreign Claims Settlement Commission, including services as authorized by section 3109 of title 5, United States Code, $2,374,000.

fees and expenses of witnesses

For fees and expenses of witnesses, for expenses of contracts for the procurement and supervision of expert witnesses, for private counsel expenses, including advances, and for expenses of foreign counsel, $270,000,000, to remain available until expended, of which not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase and maintenance of armored and other vehicles for witness security caravans; and not to exceed $13,000,000 is for the purchase, installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading may not be transferred pursuant to section 205 of this Act.

salaries and expenses, community relations service

(including transfer of funds)

For necessary expenses of the Community Relations Service, $15,500,000: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for conflict resolution and violence prevention activities of the Community Relations Service, the Attorney General may transfer such amounts to the Community Relations Service, from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

assets forfeiture fund

For expenses authorized by subparagraphs (B), (F), and (G) of section 524(c)(1) of title 28, United States Code, $20,514,000, to be derived from the Department of Justice Assets Forfeiture Fund.

United States Marshals Service

salaries and expenses

For necessary expenses of the United States Marshals Service, $1,249,040,000, of which not to exceed $6,000 shall be available for official reception and representation expenses, and not to exceed $15,000,000 shall remain available until expended.

construction

For construction in space controlled, occupied or utilized by the United States Marshals Service for prisoner holding and related support, $10,000,000, to remain available until expended.

federal prisoner detention

(including transfer of funds)

For necessary expenses related to United States prisoners in the custody of the United States Marshals Service as authorized by section 4013 of title 18, United States Code, $1,454,414,000, to remain available until expended: Provided, That not to exceed $20,000,000 shall be considered “funds appropriated for State and local law enforcement assistance” pursuant to section 4013(b) of title 18, United States Code: Provided further, That the United States Marshals Service shall be responsible for managing the Justice Prisoner and Alien Transportation System: Provided further, That any unobligated balances available from funds appropriated under the heading “General Administration, Detention Trustee” shall be transferred to and merged with the appropriation under this heading.

National Security Division

salaries and expenses

(including transfer of funds)

For expenses necessary to carry out the activities of the National Security Division, $96,000,000, of which not to exceed $5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for the activities of the National Security Division, the Attorney General may transfer such amounts to this heading from available appropriations for the current fiscal year for the Department of Justice, as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

Interagency Law Enforcement

interagency crime and drug enforcement

For necessary expenses for the identification, investigation, and prosecution of individuals associated with the most significant drug trafficking organizations, transnational organized crime, and money laundering organizations not otherwise provided for, to include inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of individuals involved in transnational organized crime and drug trafficking, $517,000,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from appropriations under this heading may be used under authorities available to the organizations reimbursed from this appropriation.

Federal Bureau Of Investigation

salaries and expenses

For necessary expenses of the Federal Bureau of Investigation for detection, investigation, and prosecution of crimes against the United States, $8,767,201,000, of which not to exceed $285,882,000 shall remain available until expended: Provided, That not to exceed $184,500 shall be available for official reception and representation expenses: Provided further, That in addition to other funds provided for Construction projects, the Federal Bureau of Investigation may use up to $68,982,000 under this heading for all costs related to construction, conversion, modification and extension of federally owned and leased space; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities.

construction

(including transfer of funds)

For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification and extension of federally owned buildings; preliminary planning and design of projects; and operation and maintenance of secure work environment facilities and secure networking capabilities; $420,178,000, to remain available until expended, of which $181,000,000 shall be derived by transfer from the Department of Justice’s Working Capital Fund: Provided, That $323,000,000 shall be for the new Federal Bureau of Investigation consolidated headquarters facility in the National Capital Region.

Drug Enforcement Administration

salaries and expenses

For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of title 28, United States Code; and expenses for conducting drug education and training programs, including travel and related expenses for participants in such programs and the distribution of items of token value that promote the goals of such programs, $2,102,976,000, of which not to exceed $75,000,000 shall remain available until expended and not to exceed $90,000 shall be available for official reception and representation expenses.

Bureau Of Alcohol, Tobacco, Firearms And Explosives

salaries and expenses

For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement agencies with or without reimbursement, including training in connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory assistance to State and local law enforcement agencies, with or without reimbursement, $1,258,600,000, of which not to exceed $36,000 shall be for official reception and representation expenses, not to exceed $1,000,000 shall be available for the payment of attorneys' fees as provided by section 924(d)(2) of title 18, United States Code, and not to exceed $20,000,000 shall remain available until expended: Provided, That none of the funds appropriated herein shall be available to investigate or act upon applications for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That such funds shall be available to investigate and act upon applications filed by corporations for relief from Federal firearms disabilities under section 925(c) of title 18, United States Code: Provided further, That no funds made available by this or any other Act may be used to transfer the functions, missions, or activities of the Bureau of Alcohol, Tobacco, Firearms and Explosives to other agencies or Departments.

Federal Prison System

salaries and expenses

(including transfer of funds)

For necessary expenses of the Federal Prison System for the administration, operation, and maintenance of Federal penal and correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $7,008,800,000: Provided, That the Attorney General may transfer to the Department of Health and Human Services such amounts as may be necessary for direct expenditures by that Department for medical relief for inmates of Federal penal and correctional institutions: Provided further, That the Director of the Federal Prison System, where necessary, may enter into contracts with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal Prison System, furnish health services to individuals committed to the custody of the Federal Prison System: Provided further, That not to exceed $5,400 shall be available for official reception and representation expenses: Provided further, That not to exceed $50,000,000 shall remain available for necessary operations until September 30, 2018: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall remain available until expended to make payments in advance for grants, contracts and reimbursable agreements, and other expenses: Provided further, That the Director of the Federal Prison System may accept donated property and services relating to the operation of the prison card program from a not-for-profit entity which has operated such program in the past, notwithstanding the fact that such not-for-profit entity furnishes services under contracts to the Federal Prison System relating to the operation of pre-release services, halfway houses, or other custodial facilities.

buildings and facilities

For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and equipping of such facilities for penal and correctional use, including all necessary expenses incident thereto, by contract or force account; and constructing, remodeling, and equipping necessary buildings and facilities at existing penal and correctional institutions, including all necessary expenses incident thereto, by contract or force account, $130,000,000, to remain available until expended, of which $50,000,000 shall be available only for costs related to construction of new facilities: Provided, That labor of United States prisoners may be used for work performed under this appropriation.

federal prison industries, incorporated

The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and borrowing authority available, and in accord with the law, and to make such contracts and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may be necessary in carrying out the program set forth in the budget for the current fiscal year for such corporation.

limitation on administrative expenses, federal prison industries, incorporated

Not to exceed $2,700,000 of the funds of the Federal Prison Industries, Incorporated, shall be available for its administrative expenses, and for services as authorized by section 3109 of title 5, United States Code, to be computed on an accrual basis to be determined in accordance with the corporation's current prescribed accounting system, and such amounts shall be exclusive of depreciation, payment of claims, and expenditures which such accounting system requires to be capitalized or charged to cost of commodities acquired or produced, including selling and shipping expenses, and expenses in connection with acquisition, construction, operation, maintenance, improvement, protection, or disposition of facilities and other property belonging to the corporation or in which it has an interest.

State And Local Law Enforcement Activities

Office On Violence Against Women

violence against women prevention and prosecution programs

(including transfer of funds)

For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women, as authorized by the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) (“the 1968 Act”); the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (“the 1994 Act”); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (“the 1974 Act”); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386) (“the 2000 Act”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); and the Rape Survivor Child Custody Act of 2015 (Public Law 114–22) (“the 2015 Act”); and for related victims services, $481,500,000, to remain available until expended, of which $326,000,000 shall be derived by transfer from amounts available for obligation in this Act from the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (42 U.S.C. 10601), notwithstanding section 1402(d) of such Act of 1984, and merged with the amounts otherwise made available under this heading: Provided, That except as otherwise provided by law, not to exceed 5 percent of funds made available under this heading may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided—

(1) $215,000,000 is for grants to combat violence against women, as authorized by part T of the 1968 Act;

(2) $30,000,000 is for transitional housing assistance grants for victims of domestic violence, dating violence, stalking, or sexual assault as authorized by section 40299 of the 1994 Act;

(3) $3,000,000 is for the National Institute of Justice for research and evaluation of violence against women and related issues addressed by grant programs of the Office on Violence Against Women, which shall be transferred to “Research, Evaluation and Statistics” for administration by the Office of Justice Programs;

(4) $11,000,000 is for a grant program to provide services to advocate for and respond to youth victims of domestic violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs to engage men and youth in preventing such violence; and assistance to middle and high school students through education and other services related to such violence: Provided, That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994 Act, prior to its amendment by the 2013 Act, shall be available for this program: Provided further, That 10 percent of the total amount available for this grant program shall be available for grants under the program authorized by section 2015 of the 1968 Act: Provided further, That the definitions and grant conditions in section 40002 of the 1994 Act shall apply to this program;

(5) $53,000,000 is for grants to encourage arrest policies as authorized by part U of the 1968 Act, of which $4,000,000 is for a homicide reduction initiative;

(6) $35,000,000 is for sexual assault victims assistance, as authorized by section 41601 of the 1994 Act;

(7) $35,000,000 is for rural domestic violence and child abuse enforcement assistance grants, as authorized by section 40295 of the 1994 Act;

(8) $20,000,000 is for grants to reduce violent crimes against women on campus, as authorized by section 304 of the 2005 Act;

(9) $45,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;

(10) $5,000,000 is for enhanced training and services to end violence against and abuse of women in later life, as authorized by section 40802 of the 1994 Act;

(11) $16,000,000 is for grants to support families in the justice system, as authorized by section 1301 of the 2000 Act: Provided, That unobligated balances available for the programs authorized by section 1301 of the 2000 Act and section 41002 of the 1994 Act, prior to their amendment by the 2013 Act, shall be available for this program;

(12) $6,000,000 is for education and training to end violence against and abuse of women with disabilities, as authorized by section 1402 of the 2000 Act;

(13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as authorized by section 41501 of the 1994 Act;

(14) $1,000,000 is for analysis and research on violence against Indian women, including as authorized by section 904 of the 2005 Act: Provided, That such funds may be transferred to “Research, Evaluation and Statistics” for administration by the Office of Justice Programs;

(15) $500,000 is for a national clearinghouse that provides training and technical assistance on issues relating to sexual assault of American Indian and Alaska Native women;

(16) $4,000,000 is for grants to assist tribal governments in exercising special domestic violence criminal jurisdiction, as authorized by section 904 of the 2013 Act: Provided, That the grant conditions in section 40002(b) of the 1994 Act shall apply to this program; and

(17) $1,500,000 for the purposes authorized under the 2015 Act.

Office Of Justice Programs

research, evaluation and statistics

(including transfer of funds)

For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe Streets Act of 1968 (“the 1968 Act”); the Juvenile Justice and Delinquency Prevention Act of 1974 (“the 1974 Act”); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Justice for All Act of 2004 (Public Law 108–405); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Victims of Child Abuse Act of 1990 (Public Law 101–647); the Second Chance Act of 2007 (Public Law 110–199); the Victims of Crime Act of 1984 (Public Law 98–473); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the PROTECT Our Children Act of 2008 (Public Law 110–401); subtitle D of title II of the Homeland Security Act of 2002 (Public Law 107–296) (“the 2002 Act”); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); and other programs, $89,000,000, to remain available until expended, of which—

(1) $45,500,000 is for criminal justice statistics programs, and other activities, as authorized by part C of title I of the 1968 Act, of which $5,000,000 is for a nationwide incident-based crime statistics program;

(2) $39,500,000 is for research, development, and evaluation programs, and other activities as authorized by part B of title I of the 1968 Act and subtitle D of title II of the 2002 Act, of which $4,000,000 is for research targeted toward developing a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective intervention and prevention; and

(3) $4,000,000 is for activities to strengthen and enhance the practice of forensic sciences, of which $3,000,000 is for transfer to the National Institute of Standards and Technology to support Scientific Area Committees.

state and local law enforcement assistance

(including transfer of funds)

For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322) (“the 1994 Act”); the Omnibus Crime Control and Safe Streets Act of 1968 (“the 1968 Act”); the Justice for All Act of 2004 (Public Law 108–405); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Trafficking Victims Protection Reauthorization Act of 2005 (Public Law 109–164); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the Victims of Trafficking and Violence Protection Act of 2000 (Public Law 106–386); the NICS Improvement Amendments Act of 2007 (Public Law 110–180); subtitle D of title II of the Homeland Security Act of 2002 (Public Law 107–296) (“the 2002 Act”); the Second Chance Act of 2007 (Public Law 110–199); the Prioritizing Resources and Organization for Intellectual Property Act of 2008 (Public Law 110–403); the Victims of Crime Act of 1984 (Public Law 98–473); the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); the Comprehensive Addiction and Recovery Act of 2016 (Public Law 114–198) (“CARA”); and other programs, $1,258,500,000, to remain available until expended as follows—

(1) $396,000,000 for the Edward Byrne Memorial Justice Assistance Grant program as authorized by subpart 1 of part E of title I of the 1968 Act (except that section 1001(c), and the special rules for Puerto Rico under section 505(g) of title I of the 1968 Act shall not apply for purposes of this Act), of which, notwithstanding such subpart 1, $7,500,000 is for the Officer Robert Wilson III Memorial Initiative on Preventing Violence Against Law Enforcement Officer Resilience and Survivability (VALOR), $5,000,000 is for an initiative to support evidence-based policing, $2,500,000 is for an initiative to enhance prosecutorial decision-making, $2,400,000 is for the operationalization, maintenance and expansion of the National Missing and Unidentified Persons System, $2,500,000 is for a national training initiative to improve police-based responses to people with mental illness or developmental disabilities, $6,500,000 is for competitive and evidence-based programs to reduce gun crime and gang violence, $2,000,000 is for a student loan repayment assistance program pursuant to section 952 of Public Law 110–315, $2,500,000 is for the Capital Litigation Improvement Grant Program, as authorized by section 426 of Public Law 108–405, and for grants for wrongful conviction review, $10,500,000 is for prison rape prevention and prosecution grants to States and units of local government, and other programs, as authorized by the Prison Rape Elimination Act of 2003 (Public Law 108–79), and $20,000,000 is for the sole purpose of providing reimbursement of extraordinary law enforcement and related costs directly associated with protection of the President-elect incurred from November 9, 2016 until the inauguration of the President-elect as President: Provided, That reimbursement under the foregoing shall be provided only for costs that a State or local agency can document as being over and above normal law enforcement operations and directly attributable to the provision of protection described herein: Provided further, That section 154 of the Continuing Appropriations Act, 2017 (division C of Public Law 114–223), as amended by the Further Continuing and Security Assistance Appropriations Act, 2017 (Public Law 114–254), is amended by inserting after “$7,000,000” the following: “, to remain available until September 30, 2017,”;

(2) $210,000,000 for the State Criminal Alien Assistance Program, as authorized by section 241(i)(5) of the Immigration and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no jurisdiction shall request compensation for any cost greater than the actual cost for Federal immigration and other detainees housed in State and local detention facilities;

(3) $45,000,000 for victim services programs for victims of trafficking, as authorized by section 107(b)(2) of Public Law 106–386, for programs authorized under Public Law 109–164, or programs authorized under Public Law 113–4;

(4) $13,000,000 for economic, high technology, white collar and Internet crime prevention grants, including as authorized by section 401 of Public Law 110–403;

(5) $20,000,000 for sex offender management assistance, as authorized by the Adam Walsh Act, and related activities;

(6) $22,500,000 for the matching grant program for law enforcement armor vests, as authorized by section 2501 of title I of the 1968 Act: Provided, That $1,500,000 is transferred directly to the National Institute of Standards and Technology’s Office of Law Enforcement Standards for research, testing and evaluation programs;

(7) $1,000,000 for the National Sex Offender Public Website;

(8) $73,000,000 for grants to States to upgrade criminal and mental health records for the National Instant Criminal Background Check System, of which no less than $25,000,000 shall be for grants made under the authorities of the NICS Improvement Amendments Act of 2007 (Public Law 110–180);

(9) $13,000,000 for Paul Coverdell Forensic Sciences Improvement Grants under part BB of title I of the 1968 Act;

(10) $125,000,000 for DNA-related and forensic programs and activities, of which—

(A) $117,000,000 is for a DNA analysis and capacity enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized under section 2 of the DNA Analysis Backlog Elimination Act of 2000 (Public Law 106–546) (the Debbie Smith DNA Backlog Grant Program): Provided, That up to 4 percent of funds made available under this paragraph may be used for the purposes described in the DNA Training and Education for Law Enforcement, Correctional Personnel, and Court Officers program (Public Law 108–405, section 303);

(B) $4,000,000 is for the purposes described in the Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (Public Law 108–405, section 412); and

(C) $4,000,000 is for Sexual Assault Forensic Exam Program grants, including as authorized by section 304 of Public Law 108–405;

(11) $45,000,000 for a grant program for community-based sexual assault response reform;

(12) $9,000,000 for the court-appointed special advocate program, as authorized by section 217 of the 1990 Act;

(13) $68,000,000 for offender reentry programs and research, as authorized by the Second Chance Act of 2007 (Public Law 110–199), without regard to the time limitations specified at section 6(1) of such Act, of which not to exceed $6,000,000 is for a program to improve State, local, and tribal probation or parole supervision efforts and strategies, $5,000,000 is for Children of Incarcerated Parents Demonstrations to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy, and $4,000,000 is for additional replication sites employing the Project HOPE Opportunity Probation with Enforcement model implementing swift and certain sanctions in probation, and for a research project on the effectiveness of the model: Provided, That up to $7,500,000 of funds made available in this paragraph may be used for performance-based awards for Pay for Success projects, of which up to $5,000,000 shall be for Pay for Success programs implementing the Permanent Supportive Housing Model;

(14) $50,000,000 for the Comprehensive School Safety Initiative;

(15) $65,000,000 for initiatives to improve police-community relations, of which $22,500,000 is for a competitive matching grant program for purchases of body-worn cameras for State, local and tribal law enforcement, $25,000,000 is for a justice reinvestment initiative, for activities related to criminal justice reform and recidivism reduction, and $17,500,000 is for an Edward Byrne Memorial criminal justice innovation program; and

(16) $103,000,000 for comprehensive opioid abuse reduction activities, including as authorized by CARA, and for the following programs, which shall address opioid abuse reduction consistent with underlying program authorities—

(A) $43,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act;

(B) $12,000,000 for mental health courts and adult and juvenile collaboration program grants, as authorized by parts V and HH of title I of the 1968 Act, and the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110–416);

(C) $14,000,000 for grants for Residential Substance Abuse Treatment for State Prisoners, as authorized by part S of title I of the 1968 Act;

(D) $7,000,000 for a veterans treatment courts program; and

(E) $14,000,000 for a program to monitor prescription drugs and scheduled listed chemical products:

Provided, That, if a unit of local government uses any of the funds made available under this heading to increase the number of law enforcement officers, the unit of local government will achieve a net gain in the number of law enforcement officers who perform non-administrative public sector safety service.

juvenile justice programs

For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention Act of 1974 (“the 1974 Act”); the Omnibus Crime Control and Safe Streets Act of 1968 (“the 1968 Act”); the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”); the Missing Children's Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies and Other Tools to end the Exploitation of Children Today Act of 2003 (Public Law 108–21); the Victims of Child Abuse Act of 1990 (Public Law 101–647) (“the 1990 Act”); the Adam Walsh Child Protection and Safety Act of 2006 (Public Law 109–248) (“the Adam Walsh Act”); the PROTECT Our Children Act of 2008 (Public Law 110–401); the Violence Against Women Reauthorization Act of 2013 (Public Law 113–4) (“the 2013 Act”); and other juvenile justice programs, $247,000,000, to remain available until expended as follows—

(1) $55,000,000 for programs authorized by section 221 of the 1974 Act, and for training and technical assistance to assist small, nonprofit organizations with the Federal grants process: Provided, That of the amounts provided under this paragraph, $500,000 shall be for a competitive demonstration grant program to support emergency planning among State, local and tribal juvenile justice residential facilities;

(2) $80,000,000 for youth mentoring grants;

(3) $14,500,000 for delinquency prevention, as authorized by section 505 of the 1974 Act, of which, pursuant to sections 261 and 262 thereof—

(A) $4,000,000 shall be for gang and youth violence education, prevention and intervention, and related activities;

(B) $500,000 shall be for an Internet site providing information and resources on children of incarcerated parents;

(C) $2,000,000 shall be for competitive grants focusing on girls in the juvenile justice system; and

(D) $8,000,000 shall be for community-based violence prevention initiatives, including for public health approaches to reducing shootings and violence;

(4) $21,000,000 for programs authorized by the Victims of Child Abuse Act of 1990;

(5) $72,500,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a) of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public Law 110–401) shall not apply for purposes of this Act);

(6) $2,000,000 for child abuse training programs for judicial personnel and practitioners, as authorized by section 222 of the 1990 Act; and

(7) $2,000,000 for a program to improve juvenile indigent defense:

Provided, That not more than 10 percent of each amount may be used for research, evaluation, and statistics activities designed to benefit the programs or activities authorized: Provided further, That not more than 2 percent of the amounts designated under paragraphs (1) through (4) and (6) may be used for training and technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant to sections 261 and 262 of the 1974 Act and to missing and exploited children programs.

public safety officer benefits

(including transfer of funds)

For payments and expenses authorized under section 1001(a)(4) of title I of the Omnibus Crime Control and Safe Streets Act of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000 for payments authorized by section 1201(b) of such Act and for educational assistance authorized by section 1218 of such Act, to remain available until expended: Provided, That notwithstanding section 205 of this Act, upon a determination by the Attorney General that emergent circumstances require additional funding for such disability and education payments, the Attorney General may transfer such amounts to “Public Safety Officer Benefits” from available appropriations for the Department of Justice as may be necessary to respond to such circumstances: Provided further, That any transfer pursuant to the preceding proviso shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

Community Oriented Policing Services

community oriented policing services programs

(including transfer of funds)

For activities authorized by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus Crime Control and Safe Streets Act of 1968 (“the 1968 Act”); and the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (“the 2005 Act”), $221,500,000, to remain available until expended: Provided, That any balances made available through prior year deobligations shall only be available in accordance with section 505 of this Act: Provided further, That of the amount provided under this heading—

(1) $10,000,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement Administration upon enactment of this Act;

(2) $194,500,000 is for grants under section 1701 of title I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring of additional career law enforcement officers under part Q of such title notwithstanding subsection (i) of such section: Provided, That, notwithstanding section 1704(c) of such title (42 U.S.C. 3796dd–3(c)), funding for hiring or rehiring a career law enforcement officer may not exceed $125,000 unless the Director of the Office of Community Oriented Policing Services grants a waiver from this limitation: Provided further, That of the amounts appropriated under this paragraph, $5,000,000 is for community policing development activities in furtherance of the purposes in section 1701: Provided further, That within the amounts appropriated under this paragraph, $10,000,000 is for the collaborative reform model of technical assistance in furtherance of the purposes in section 1701: Provided further, That of the amounts appropriated under this paragraph $35,000,000 is for regional information sharing activities, as authorized by part M of title I of the 1968 Act, which shall be transferred to and merged with “Research, Evaluation, and Statistics” for administration by the Office of Justice Programs: Provided further, That of the amounts appropriated under this paragraph, $7,500,000 is for activities authorized by the POLICE Act of 2016 (Public Law 114–199);

(3) $7,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory dump seizures: Provided, That funds appropriated under this paragraph shall be utilized for investigative purposes to locate or investigate illicit activities, including precursor diversion, laboratories, or methamphetamine traffickers; and

(4) $10,000,000 is for competitive grants to statewide law enforcement agencies in States with high rates of primary treatment admissions for heroin and other opioids: Provided, That these funds shall be utilized for investigative purposes to locate or investigate illicit activities, including activities related to the distribution of heroin or unlawful distribution of prescription opioids, or unlawful heroin and prescription opioid traffickers through statewide collaboration.

General Provisions—department Of Justice

(including transfer of funds)

SEC. 201.

In addition to amounts otherwise made available in this title for official reception and representation expenses, a total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney General for official reception and representation expenses.

SEC. 202.

None of the funds appropriated by this title shall be available to pay for an abortion, except where the life of the mother would be endangered if the fetus were carried to term, or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.

SEC. 203.

None of the funds appropriated under this title shall be used to require any person to perform, or facilitate in any way the performance of, any abortion.

SEC. 204.

Nothing in the preceding section shall remove the obligation of the Director of the Bureau of Prisons to provide escort services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section in any way diminishes the effect of section 203 intended to address the philosophical beliefs of individual employees of the Bureau of Prisons.

SEC. 205.

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the Department of Justice in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers: Provided, That any transfer pursuant to this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.

SEC. 206.

None of the funds made available under this title may be used by the Federal Bureau of Prisons or the United States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under State or Federal law and is classified as a maximum or high security prisoner, other than to a prison or other facility certified by the Federal Bureau of Prisons as appropriately secure for housing such a prisoner.

SEC. 207.

(a) None of the funds appropriated by this Act may be used by Federal prisons to purchase cable television services, or to rent or purchase audiovisual or electronic media or equipment used primarily for recreational purposes.

(b) Subsection (a) does not preclude the rental, maintenance, or purchase of audiovisual or electronic media or equipment for inmate training, religious, or educational programs.

SEC. 208.

None of the funds made available under this title shall be obligated or expended for any new or enhanced information technology program having total estimated development costs in excess of $100,000,000, unless the Deputy Attorney General and the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that the information technology program has appropriate program management controls and contractor oversight mechanisms in place, and that the program is compatible with the enterprise architecture of the Department of Justice.

SEC. 209.

The notification thresholds and procedures set forth in section 505 of this Act shall apply to deviations from the amounts designated for specific activities in this Act and in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act), and to any use of deobligated balances of funds provided under this title in previous years.

SEC. 210.

None of the funds appropriated by this Act may be used to plan for, begin, continue, finish, process, or approve a public-private competition under the Office of Management and Budget Circular A–76 or any successor administrative regulation, directive, or policy for work performed by employees of the Bureau of Prisons or of Federal Prison Industries, Incorporated.

SEC. 211.

Notwithstanding any other provision of law, no funds shall be available for the salary, benefits, or expenses of any United States Attorney assigned dual or additional responsibilities by the Attorney General or his designee that exempt that United States Attorney from the residency requirements of section 545 of title 28, United States Code.

SEC. 212.

At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated by this title under the headings “Research, Evaluation and Statistics”, “State and Local Law Enforcement Assistance”, and “Juvenile Justice Programs”—

(1) up to 3 percent of funds made available to the Office of Justice Programs for grant or reimbursement programs may be used by such Office to provide training and technical assistance; and

(2) up to 2 percent of funds made available for grant or reimbursement programs under such headings, except for amounts appropriated specifically for research, evaluation, or statistical programs administered by the National Institute of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National Institute of Justice and the Bureau of Justice Statistics, to be used by them for research, evaluation, or statistical purposes, without regard to the authorizations for such grant or reimbursement programs.

SEC. 213.

At the discretion of the Attorney General, and in addition to any amounts that otherwise may be available (or authorized to be made available) by law, up to 7 percent of funds made available for grant or reimbursement programs—

(1) under the heading “State and Local Law Enforcement Assistance” (except for funds made available under paragraphs (1), (2), and (16) under such heading); and

(2) under the headings “Juvenile Justice Programs” (except for funds made available under paragraph (5) under such heading) and “Community Oriented Policing Services Programs”, to be transferred to and merged with funds made available under the heading “State and Local Law Enforcement Assistance”,

shall be available for tribal criminal justice assistance without regard to the authorizations for such grant or reimbursement programs.

SEC. 214.

Upon request by a grantee for whom the Attorney General has determined there is a fiscal hardship, the Attorney General may, with respect to funds appropriated in this or any other Act making appropriations for fiscal years 2014 through 2017 for the following programs, waive the following requirements:

(1) For the adult and juvenile offender State and local reentry demonstration projects under part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w(g)(1)), the requirements under section 2976(g)(1) of such part.

(2) For State, Tribal, and local reentry courts under part FF of title I of such Act of 1968 (42 U.S.C. 3797w–2(e)(1) and (2)), the requirements under section 2978(e)(1) and (2) of such part.

(3) For the prosecution drug treatment alternatives to prison program under part CC of title I of such Act of 1968 (42 U.S.C. 3797q–3), the requirements under section 2904 of such part.

(4) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination Act of 2003 (42 U.S.C. 15605(c)(3)), the requirements of section 6(c)(3) of such Act.

SEC. 215.

Notwithstanding any other provision of law, section 20109(a) of subtitle A of title II of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not apply to amounts made available by this or any other Act.

SEC. 216.

None of the funds made available under this Act, other than for the national instant criminal background check system established under section 103 of the Brady Handgun Violence Prevention Act (18 U.S.C. 922 note), may be used by a Federal law enforcement officer to facilitate the transfer of an operable firearm to an individual if the Federal law enforcement officer knows or suspects that the individual is an agent of a drug cartel, unless law enforcement personnel of the United States continuously monitor or control the firearm at all times.

SEC. 217.

(a) None of the income retained in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation during fiscal year 2017, except up to $40,000,000 may be obligated for implementation of a unified Department of Justice financial management system.

(b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available for obligation in fiscal year 2017, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act.

(c) Not to exceed $10,000,000 of the excess unobligated balances available under section 524(c)(8)(E) of title 28, United States Code, shall be available for obligation during fiscal year 2017, and any use, obligation, transfer or allocation of such funds shall be treated as a reprogramming of funds under section 505 of this Act.

SEC. 218.

Discretionary funds that are made available in this Act for the Office of Justice Programs may be used to participate in Performance Partnership Pilots authorized under section 526 of division H of Public Law 113–76, section 524 of division G of Public Law 113–235, section 525 of division H of Public Law 114–113, and such authorities as are enacted for Performance Partnership Pilots in an appropriations Act for fiscal year 2017.

SEC. 219.

In addition to any other transfer authority available to the Department of Justice, for fiscal years 2017 through 2022, unobligated balances available in the Department of Justice Working Capital Fund pursuant to title I of Public Law 102–140 (105 Stat. 784; 28 U.S.C. 527 note) may be transferred to the “Federal Bureau of Investigation, Construction” account, to remain available until expended for the new Federal Bureau of Investigation headquarters in the National Capital Region: Provided, That the cumulative total amount of funds transferred from the Working Capital Fund from fiscal year 2017 through 2022 pursuant to this section shall not exceed $315,000,000: Provided further, That transfers pursuant to this section shall not count against any ceiling on the use of unobligated balances transferred to the capital account of the Working Capital Fund in this or any other Act in any such fiscal year: Provided further, That any transfer pursuant to this section shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

This title may be cited as the “Department of Justice Appropriations Act, 2017”.

TITLE IIIScience

Office Of Science And Technology Policy

For necessary expenses of the Office of Science and Technology Policy, in carrying out the purposes of the National Science and Technology Policy, Organization, and Priorities Act of 1976 (42 U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services as authorized by section 3109 of title 5, United States Code, not to exceed $2,250 for official reception and representation expenses, and rental of conference rooms in the District of Columbia, $5,555,000.

National Aeronautics And Space Administration

science

For necessary expenses, not otherwise provided for, in the conduct and support of science research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $5,764,900,000, to remain available until September 30, 2018: Provided, That the formulation and development costs (with development cost as defined under section 30104 of title 51, United States Code) for the James Webb Space Telescope shall not exceed $8,000,000,000: Provided further, That should the individual identified under subsection (c)(2)(E) of section 30104 of title 51, United States Code, as responsible for the James Webb Space Telescope determine that the development cost of the program is likely to exceed that limitation, the individual shall immediately notify the Administrator and the increase shall be treated as if it meets the 30 percent threshold described in subsection (f) of section 30104: Provided further, That, of the amounts provided, $275,000,000 is for an orbiter and a lander to meet the science goals for the Jupiter Europa mission as outlined in the most recent planetary science decadal survey: Provided further, That the National Aeronautics and Space Administration shall use the Space Launch System as the launch vehicle or vehicles for the Jupiter Europa mission, plan for an orbiter launch no later than 2022 and a lander launch no later than 2024, and include in the fiscal year 2018 budget the 5-year funding profile necessary to achieve these goals.

aeronautics

For necessary expenses, not otherwise provided for, in the conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $660,000,000, to remain available until September 30, 2018.

space technology

For necessary expenses, not otherwise provided for, in the conduct and support of space technology research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $686,500,000, to remain available until September 30, 2018: Provided, That $130,000,000 shall be for the RESTORE satellite servicing program for continuation of formulation and development activities for RESTORE and such funds shall not support activities solely needed for the asteroid redirect mission.

exploration

For necessary expenses, not otherwise provided for, in the conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $4,324,000,000, to remain available until September 30, 2018: Provided, That not less than $1,350,000,000 shall be for the Orion Multi-Purpose Crew Vehicle: Provided further, That not less than $2,150,000,000 shall be for the Space Launch System (SLS) launch vehicle, which shall have a lift capability not less than 130 metric tons and which shall have core elements and an Exploration Upper Stage developed simultaneously: Provided further, That of the amounts provided for SLS, not less than $300,000,000 shall be for Exploration Upper Stage development: Provided further, That $429,000,000 shall be for exploration ground systems: Provided further, That the National Aeronautics and Space Administration (NASA) shall provide to the Committees on Appropriations of the House of Representatives and the Senate, concurrent with the annual budget submission, a 5-year budget profile for an integrated budget that includes the Space Launch System, the Orion Multi-Purpose Crew Vehicle, and associated ground systems, that will meet the Exploration Mission 2 (EM–2) management agreement launch date of no later than 2021 at a success level equal to the Agency Baseline Commitment for EM–2 of the Orion Multi-Purpose Crew Vehicle: Provided further, That $395,000,000 shall be for exploration research and development.

space operations

For necessary expenses, not otherwise provided for, in the conduct and support of space operations research and development activities, including research, development, operations, support and services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance and repair, facility planning and design; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance and operation of mission and administrative aircraft, $4,950,700,000, to remain available until September 30, 2018.

education

For necessary expenses, not otherwise provided for, in the conduct and support of aerospace and aeronautical education research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $100,000,000, to remain available until September 30, 2018, of which $18,000,000 shall be for the Experimental Program to Stimulate Competitive Research and $40,000,000 shall be for the National Space Grant College and Fellowship Program.

safety, security and mission services

For necessary expenses, not otherwise provided for, in the conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; travel expenses; purchase and hire of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft, $2,768,600,000, to remain available until September 30, 2018.

construction and environmental compliance and restoration

For necessary expenses for construction of facilities including repair, rehabilitation, revitalization, and modification of facilities, construction of new facilities and additions to existing facilities, facility planning and design, and restoration, and acquisition or condemnation of real property, as authorized by law, and environmental compliance and restoration, $360,700,000, to remain available until September 30, 2022: Provided, That proceeds from leases deposited into this account shall be available for a period of 5 years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in the preceding proviso shall be available for obligation for fiscal year 2017 in an amount not to exceed $9,470,300: Provided further, That each annual budget request shall include an annual estimate of gross receipts and collections and proposed use of all funds collected pursuant to section 20145 of title 51, United States Code.

office of inspector general

For necessary expenses of the Office of Inspector General in carrying out the Inspector General Act of 1978, $37,900,000, of which $500,000 shall remain available until September 30, 2018.

administrative provisions

(including transfers of funds)

Funds for any announced prize otherwise authorized shall remain available, without fiscal year limitation, until a prize is claimed or the offer is withdrawn.

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Aeronautics and Space Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically provided, shall be increased by more than 10 percent by any such transfers, except that “Construction and Environmental Compliance and Restoration” may be increased up to 15 percent by such transfers. Balances so transferred shall be merged with and available for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.

The spending plan required by this Act shall be provided by NASA at the theme, program, project and activity level. The spending plan, as well as any subsequent change of an amount established in that spending plan that meets the notification requirements of section 505 of this Act, shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section.

National Science Foundation

research and related activities

For necessary expenses in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law 86–209 (42 U.S.C. 1880 et seq.); services as authorized by section 3109 of title 5, United States Code; maintenance and operation of aircraft and purchase of flight services for research support; acquisition of aircraft; and authorized travel; $6,033,645,000, to remain available until September 30, 2018, of which not to exceed $544,000,000 shall remain available until expended for polar research and operations support, and for reimbursement to other Federal agencies for operational and science support and logistical and other related activities for the United States Antarctic program: Provided, That receipts for scientific support services and materials furnished by the National Research Centers and other National Science Foundation supported research facilities may be credited to this appropriation.

major research equipment and facilities construction

For necessary expenses for the acquisition, construction, commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $209,000,000, to remain available until expended.

education and human resources

For necessary expenses in carrying out science, mathematics and engineering education and human resources programs and activities pursuant to the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including services as authorized by section 3109 of title 5, United States Code, authorized travel, and rental of conference rooms in the District of Columbia, $880,000,000, to remain available until September 30, 2018.

agency operations and award management

For agency operations and award management necessary in carrying out the National Science Foundation Act of 1950 (42 U.S.C. 1861 et seq.); services authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title 5, United States Code; rental of conference rooms in the District of Columbia; and reimbursement of the Department of Homeland Security for security guard services; $330,000,000: Provided, That not to exceed $8,280 is for official reception and representation expenses: Provided further, That contracts may be entered into under this heading in fiscal year 2017 for maintenance and operation of facilities and for other services to be provided during the next fiscal year: Provided further, That of the amount provided for costs associated with the acquisition, occupancy, and related costs of new headquarters space, not more than $40,700,000 shall remain available until expended.

office of the national science board

For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference rooms in the District of Columbia, and the employment of experts and consultants under section 3109 of title 5, United States Code) involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42 U.S.C. 1880 et seq.), $4,370,000: Provided, That not to exceed $2,500 shall be available for official reception and representation expenses.

office of inspector general

For necessary expenses of the Office of Inspector General as authorized by the Inspector General Act of 1978, $15,200,000, of which $400,000 shall remain available until September 30, 2018.

administrative provision

(including transfer of funds)

Not to exceed 5 percent of any appropriation made available for the current fiscal year for the National Science Foundation in this Act may be transferred between such appropriations, but no such appropriation shall be increased by more than 15 percent by any such transfers. Any transfer pursuant to this paragraph shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation except in compliance with the procedures set forth in that section.

This title may be cited as the “Science Appropriations Act, 2017”.

TITLE IV

RELATED AGENCIES

Commission On Civil Rights

salaries and expenses

For necessary expenses of the Commission on Civil Rights, including hire of passenger motor vehicles, $9,200,000: Provided, That none of the funds appropriated in this paragraph may be used to employ any individuals under Schedule C of subpart C of part 213 of title 5 of the Code of Federal Regulations exclusive of one special assistant for each Commissioner: Provided further, That none of the funds appropriated in this paragraph shall be used to reimburse Commissioners for more than 75 billable days, with the exception of the chairperson, who is permitted 125 billable days: Provided further, That none of the funds appropriated in this paragraph shall be used for any activity or expense that is not explicitly authorized by section 3 of the Civil Rights Commission Act of 1983 (42 U.S.C. 1975a).

Equal Employment Opportunity Commission

salaries and expenses

For necessary expenses of the Equal Employment Opportunity Commission as authorized by title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967, the Equal Pay Act of 1963, the Americans with Disabilities Act of 1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights Act of 1991, the Genetic Information Nondiscrimination Act (GINA) of 2008 (Public Law 110–233), the ADA Amendments Act of 2008 (Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of 2009 (Public Law 111–2), including services as authorized by section 3109 of title 5, United States Code; hire of passenger motor vehicles as authorized by section 1343(b) of title 31, United States Code; nonmonetary awards to private citizens; and up to $29,500,000 for payments to State and local enforcement agencies for authorized services to the Commission, $364,500,000: Provided, That the Commission is authorized to make available for official reception and representation expenses not to exceed $2,250 from available funds: Provided further, That the Commission may take no action to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of the House of Representatives and the Senate have been notified of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair is authorized to accept and use any gift or donation to carry out the work of the Commission.

International Trade Commission

salaries and expenses

For necessary expenses of the International Trade Commission, including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to exceed $2,250 for official reception and representation expenses, $91,500,000, to remain available until expended.

Legal Services Corporation

payment to the legal services corporation

For payment to the Legal Services Corporation to carry out the purposes of the Legal Services Corporation Act of 1974, $385,000,000, of which $352,000,000 is for basic field programs and required independent audits; $5,000,000 is for the Office of Inspector General, of which such amounts as may be necessary may be used to conduct additional audits of recipients; $19,000,000 is for management and grants oversight; $4,000,000 is for client self-help and information technology; $4,000,000 is for a Pro Bono Innovation Fund; and $1,000,000 is for loan repayment assistance: Provided, That the Legal Services Corporation may continue to provide locality pay to officers and employees at a rate no greater than that provided by the Federal Government to Washington, DC-based employees as authorized by section 5304 of title 5, United States Code, notwithstanding section 1005(d) of the Legal Services Corporation Act (42 U.S.C. 2996(d)): Provided further, That the authorities provided in section 205 of this Act shall be applicable to the Legal Services Corporation: Provided further, That, for the purposes of section 505 of this Act, the Legal Services Corporation shall be considered an agency of the United States Government.

administrative provision—legal services corporation

None of the funds appropriated in this Act to the Legal Services Corporation shall be expended for any purpose prohibited or limited by, or contrary to any of the provisions of, sections 501, 502, 503, 504, 505, and 506 of Public Law 105–119, and all funds appropriated in this Act to the Legal Services Corporation shall be subject to the same terms and conditions set forth in such sections, except that all references in sections 502 and 503 to 1997 and 1998 shall be deemed to refer instead to 2016 and 2017, respectively.

Marine Mammal Commission

salaries and expenses

For necessary expenses of the Marine Mammal Commission as authorized by title II of the Marine Mammal Protection Act of 1972 (16 U.S.C. 1361 et seq.), $3,431,000.

Office Of The United States Trade Representative

salaries and expenses

(including transfer of funds)

For necessary expenses of the Office of the United States Trade Representative, including the hire of passenger motor vehicles and the employment of experts and consultants as authorized by section 3109 of title 5, United States Code, $62,000,000, of which $1,000,000 shall remain available until expended: Provided, That of the total amount made available under this heading, up to $15,000,000 may be derived from the Trade Enforcement Trust Fund established in subsection (a) of section 611 of the Trade Facilitation and Trade Enforcement Act of 2015 (19 U.S.C. 4405) for activities of the United States Trade Representative authorized by subsection (d) of such section, including transfers: Provided further, That any transfer pursuant to paragraph (1) of such subsection (d) shall be treated as a reprogramming under section 505 of this Act: Provided further, That of the total amount made available under this heading, not to exceed $124,000 shall be available for official reception and representation expenses.

State Justice Institute

salaries and expenses

For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701 et seq.) $5,121,000, of which $500,000 shall remain available until September 30, 2018: Provided, That not to exceed $2,250 shall be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act, the State Justice Institute shall be considered an agency of the United States Government.

TITLE VGeneral provisions

(including rescissions)

(including transfer of funds)

SEC. 501.

No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

SEC. 502.

No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year unless expressly so provided herein.

SEC. 503.

The expenditure of any appropriation under this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited to those contracts where such expenditures are a matter of public record and available for public inspection, except where otherwise provided under existing law, or under existing Executive order issued pursuant to existing law.

SEC. 504.

If any provision of this Act or the application of such provision to any person or circumstances shall be held invalid, the remainder of the Act and the application of each provision to persons or circumstances other than those as to which it is held invalid shall not be affected thereby.

SEC. 505.

None of the funds provided under this Act, or provided under previous appropriations Acts to the agencies funded by this Act that remain available for obligation or expenditure in fiscal year 2017, or provided from any accounts in the Treasury of the United States derived by the collection of fees available to the agencies funded by this Act, shall be available for obligation or expenditure through a reprogramming of funds that: (1) creates or initiates a new program, project or activity; (2) eliminates a program, project or activity; (3) increases funds or personnel by any means for any project or activity for which funds have been denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out or privatizes any functions or activities presently performed by Federal employees; (7) augments existing programs, projects or activities in excess of $500,000 or 10 percent, whichever is less, or reduces by 10 percent funding for any program, project or activity, or numbers of personnel by 10 percent; or (8) results from any general savings, including savings from a reduction in personnel, which would result in a change in existing programs, projects or activities as approved by Congress; unless the House and Senate Committees on Appropriations are notified 15 days in advance of such reprogramming of funds.

SEC. 506.

(a) If it has been finally determined by a court or Federal agency that any person intentionally affixed a label bearing a “Made in America” inscription, or any inscription with the same meaning, to any product sold in or shipped to the United States that is not made in the United States, the person shall be ineligible to receive any contract or subcontract made with funds made available in this Act, pursuant to the debarment, suspension, and ineligibility procedures described in sections 9.400 through 9.409 of title 48, Code of Federal Regulations.

(b)(1) To the extent practicable, with respect to authorized purchases of promotional items, funds made available by this Act shall be used to purchase items that are manufactured, produced, or assembled in the United States, its territories or possessions.

(2) The term “promotional items” has the meaning given the term in OMB Circular A–87, Attachment B, Item (1)(f)(3).

SEC. 507.

(a) The Departments of Commerce and Justice, the National Science Foundation, and the National Aeronautics and Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly report on the status of balances of appropriations at the account level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the amounts attributable to each source year of appropriation from which the balances were derived. For balances that are obligated, but unexpended, the quarterly reports shall separately identify amounts by the year of obligation.

(b) The report described in subsection (a) shall be submitted within 30 days of the end of each quarter.

(c) If a department or agency is unable to fulfill any aspect of a reporting requirement described in subsection (a) due to a limitation of a current accounting system, the department or agency shall fulfill such aspect to the maximum extent practicable under such accounting system and shall identify and describe in each quarterly report the extent to which such aspect is not fulfilled.

SEC. 508.

Any costs incurred by a department or agency funded under this Act resulting from, or to prevent, personnel actions taken in response to funding reductions included in this Act shall be absorbed within the total budgetary resources available to such department or agency: Provided, That the authority to transfer funds between appropriations accounts as may be necessary to carry out this section is provided in addition to authorities included elsewhere in this Act: Provided further, That use of funds to carry out this section shall be treated as a reprogramming of funds under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the procedures set forth in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care and protection of loan collateral or grant property.

SEC. 509.

None of the funds provided by this Act shall be available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country of restrictions on the marketing of tobacco or tobacco products, except for restrictions which are not applied equally to all tobacco or tobacco products of the same type.

SEC. 510.

Notwithstanding any other provision of law, amounts deposited or available in the Fund established by section 1402 of chapter XIV of title II of Public Law 98–473 (42 U.S.C. 10601) in any fiscal year in excess of $2,573,000,000 shall not be available for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available from the Fund for obligation, $10,000,000 shall remain available until expended to the Department of Justice Office of Inspector General for oversight and auditing purposes.

SEC. 511.

None of the funds made available to the Department of Justice in this Act may be used to discriminate against or denigrate the religious or moral beliefs of students who participate in programs for which financial assistance is provided from those funds, or of the parents or legal guardians of such students.

SEC. 512.

None of the funds made available in this Act may be transferred to any department, agency, or instrumentality of the United States Government, except pursuant to a transfer made by, or transfer authority provided in, this Act or any other appropriations Act.

SEC. 513.

Any funds provided in this Act used to implement E-Government Initiatives shall be subject to the procedures set forth in section 505 of this Act.

SEC. 514.

(a) The Inspectors General of the Department of Commerce, the Department of Justice, the National Aeronautics and Space Administration, the National Science Foundation, and the Legal Services Corporation shall conduct audits, pursuant to the Inspector General Act (5 U.S.C. App.), of grants or contracts for which funds are appropriated by this Act, and shall submit reports to Congress on the progress of such audits, which may include preliminary findings and a description of areas of particular interest, within 180 days after initiating such an audit and every 180 days thereafter until any such audit is completed.

(b) Within 60 days after the date on which an audit described in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President, as appropriate, shall make the results of the audit available to the public on the Internet website maintained by the Department, Administration, Foundation, or Corporation, respectively. The results shall be made available in redacted form to exclude—

(1) any matter described in section 552(b) of title 5, United States Code; and

(2) sensitive personal information for any individual, the public access to which could be used to commit identity theft or for other inappropriate or unlawful purposes.

(c) Any person awarded a grant or contract funded by amounts appropriated by this Act shall submit a statement to the Secretary of Commerce, the Attorney General, the Administrator, Director, or President, as appropriate, certifying that no funds derived from the grant or contract will be made available through a subcontract or in any other manner to another person who has a financial interest in the person awarded the grant or contract.

(d) The provisions of the preceding subsections of this section shall take effect 30 days after the date on which the Director of the Office of Management and Budget, in consultation with the Director of the Office of Government Ethics, determines that a uniform set of rules and requirements, substantially similar to the requirements in such subsections, consistently apply under the executive branch ethics program to all Federal departments, agencies, and entities.

SEC. 515.

(a) None of the funds appropriated or otherwise made available under this Act may be used by the Departments of Commerce and Justice, the National Aeronautics and Space Administration, or the National Science Foundation to acquire a high-impact or moderate-impact information system, as defined for security categorization in the National Institute of Standards and Technology's (NIST) Federal Information Processing Standard Publication 199, “Standards for Security Categorization of Federal Information and Information Systems” unless the agency has—

(1) reviewed the supply chain risk for the information systems against criteria developed by NIST and the Federal Bureau of Investigation (FBI) to inform acquisition decisions for high-impact and moderate-impact information systems within the Federal Government;

(2) reviewed the supply chain risk from the presumptive awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and

(3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyber-espionage or sabotage associated with the acquisition of such system, including any risk associated with such system being produced, manufactured, or assembled by one or more entities identified by the United States Government as posing a cyber threat, including but not limited to, those that may be owned, directed, or subsidized by the People's Republic of China.

(b) None of the funds appropriated or otherwise made available under this Act may be used to acquire a high-impact or moderate-impact information system reviewed and assessed under subsection (a) unless the head of the assessing entity described in subsection (a) has—

(1) developed, in consultation with NIST, the FBI, and supply chain risk management experts, a mitigation strategy for any identified risks;

(2) determined, in consultation with NIST and the FBI, that the acquisition of such system is in the national interest of the United States; and

(3) reported that determination to the Committees on Appropriations of the House of Representatives and the Senate and the agency Inspector General.

SEC. 516.

None of the funds made available in this Act shall be used in any way whatsoever to support or justify the use of torture by any official or contract employee of the United States Government.

SEC. 517.

(a) Notwithstanding any other provision of law or treaty, none of the funds appropriated or otherwise made available under this Act or any other Act may be expended or obligated by a department, agency, or instrumentality of the United States to pay administrative expenses or to compensate an officer or employee of the United States in connection with requiring an export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section 121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on April 1, 2005) with a total value not exceeding $500 wholesale in any transaction, provided that the conditions of subsection (b) of this section are met by the exporting party for such articles.

(b) The foregoing exemption from obtaining an export license—

(1) does not exempt an exporter from filing any Shipper's Export Declaration or notification letter required by law, or from being otherwise eligible under the laws of the United States to possess, ship, transport, or export the articles enumerated in subsection (a); and

(2) does not permit the export without a license of—

(A) fully automatic firearms and components and parts for such firearms, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada;

(B) barrels, cylinders, receivers (frames) or complete breech mechanisms for any firearm listed in Category I, other than for end use by the Federal Government, or a Provincial or Municipal Government of Canada; or

(C) articles for export from Canada to another foreign destination.

(c) In accordance with this section, the District Directors of Customs and postmasters shall permit the permanent or temporary export without a license of any unclassified articles specified in subsection (a) to Canada for end use in Canada or return to the United States, or temporary import of Canadian-origin items from Canada for end use in the United States or return to Canada for a Canadian citizen.

(d) The President may require export licenses under this section on a temporary basis if the President determines, upon publication first in the Federal Register, that the Government of Canada has implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another nation. The President shall terminate the requirements of a license when reasons for the temporary requirements have ceased.

SEC. 518.

Notwithstanding any other provision of law, no department, agency, or instrumentality of the United States receiving appropriated funds under this Act or any other Act shall obligate or expend in any way such funds to pay administrative expenses or the compensation of any officer or employee of the United States to deny any application submitted pursuant to 22 U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section 478.112 or .113, for a permit to import United States origin “curios or relics” firearms, parts, or ammunition.

SEC. 519.

None of the funds made available in this Act may be used to include in any new bilateral or multilateral trade agreement the text of—

(1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement;

(2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or

(3) paragraph 4 of article 15.9 of the United States–Morocco Free Trade Agreement.

SEC. 520.

None of the funds made available in this Act may be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau of Investigation to issue national security letters: The Right to Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act of 2015; and the laws amended by these Acts.

SEC. 521.

If at any time during any quarter, the program manager of a project within the jurisdiction of the Departments of Commerce or Justice, the National Aeronautics and Space Administration, or the National Science Foundation totaling more than $75,000,000 has reasonable cause to believe that the total program cost has increased by 10 percent or more, the program manager shall immediately inform the respective Secretary, Administrator, or Director. The Secretary, Administrator, or Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall include in such notice: the date on which such determination was made; a statement of the reasons for such increases; the action taken and proposed to be taken to control future cost growth of the project; changes made in the performance or schedule milestones and the degree to which such changes have contributed to the increase in total program costs or procurement costs; new estimates of the total project or procurement costs; and a statement validating that the project's management structure is adequate to control total project or procurement costs.

SEC. 522.

Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence or intelligence related activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2017 until the enactment of the Intelligence Authorization Act for fiscal year 2017.

SEC. 523.

None of the funds appropriated or otherwise made available by this Act may be used to enter into a contract in an amount greater than $5,000,000 or to award a grant in excess of such amount unless the prospective contractor or grantee certifies in writing to the agency awarding the contract or grant that, to the best of its knowledge and belief, the contractor or grantee has filed all Federal tax returns required during the three years preceding the certification, has not been convicted of a criminal offense under the Internal Revenue Code of 1986, and has not, more than 90 days prior to certification, been notified of any unpaid Federal tax assessment for which the liability remains unsatisfied, unless the assessment is the subject of an installment agreement or offer in compromise that has been approved by the Internal Revenue Service and is not in default, or the assessment is the subject of a non-frivolous administrative or judicial proceeding.

(rescissions)

SEC. 524.

(a) Of the unobligated balances from prior year appropriations available to the Department of Commerce, the following funds are hereby rescinded, not later than September 30, 2017, from the following accounts in the specified amounts—

(1) “Economic Development Administration, Economic Development Assistance Programs”, $10,000,000;

(2) “National Oceanic and Atmospheric Administration, Operations, Research, and Facilities”, $18,000,000; and

(3) “National Oceanic and Atmospheric Administration, Procurement, Acquisition and Construction”, $5,000,000.

(b) Of the unobligated balances available to the Department of Justice, the following funds are hereby rescinded, not later than September 30, 2017, from the following accounts in the specified amounts—

(1) “Working Capital Fund”, $300,000,000;

(2) “United States Marshals Service, Federal Prisoner Detention”, $24,000,000;

(3) “Federal Bureau of Investigation, Salaries and Expenses”, $140,000,000 from fees collected to defray expenses for the automation of fingerprint identification and criminal justice information services and associated costs;

(4) “State and Local Law Enforcement Activities, Office on Violence Against Women, Violence Against Women Prevention and Prosecution Programs”, $10,000,000;

(5) “State and Local Law Enforcement Activities, Office of Justice Programs”, $50,000,000;

(6) “State and Local Law Enforcement Activities, Community Oriented Policing Services”, $15,000,000;

(7) “Legal Activities, Assets Forfeiture Fund”, $503,196,000, of which $201,196,000 is permanently rescinded;

(8) “Drug Enforcement Administration, Salaries and Expenses”, $12,092,000;

(9) “Federal Bureau of Investigation, Salaries and Expenses”, $51,600,000; and

(10) “Federal Prison System, Buildings and Facilities”, $3,400,000.

(c) The Departments of Commerce and Justice shall submit to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2017, specifying the amount of each rescission made pursuant to subsections (a) and (b).

SEC. 525.

None of the funds made available in this Act may be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41 of the Code of Federal Regulations.

SEC. 526.

None of the funds made available in this Act may be used to send or otherwise pay for the attendance of more than 50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring outside the United States unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are law enforcement personnel stationed outside the United States.

SEC. 527.

None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(1) is not a United States citizen or a member of the Armed Forces of the United States; and

(2) is or was held on or after June 24, 2009, at the United States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.

SEC. 528.

(a) None of the funds appropriated or otherwise made available in this or any other Act may be used to construct, acquire, or modify any facility in the United States, its territories, or possessions to house any individual described in subsection (c) for the purposes of detention or imprisonment in the custody or under the effective control of the Department of Defense.

(b) The prohibition in subsection (a) shall not apply to any modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.

(c) An individual described in this subsection is any individual who, as of June 24, 2009, is located at United States Naval Station, Guantanamo Bay, Cuba, and who—

(1) is not a citizen of the United States or a member of the Armed Forces of the United States; and

(2) is—

(A) in the custody or under the effective control of the Department of Defense; or

(B) otherwise under detention at United States Naval Station, Guantanamo Bay, Cuba.

SEC. 529.

The Director of the Office of Management and Budget shall instruct any department, agency, or instrumentality of the United States receiving funds appropriated under this Act to track undisbursed balances in expired grant accounts and include in its annual performance plan and performance and accountability reports the following:

(1) Details on future action the department, agency, or instrumentality will take to resolve undisbursed balances in expired grant accounts.

(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant accounts.

(3) Identification of undisbursed balances in expired grant accounts that may be returned to the Treasury of the United States.

(4) In the preceding 3 fiscal years, details on the total number of expired grant accounts with undisbursed balances (on the first day of each fiscal year) for the department, agency, or instrumentality and the total finances that have not been obligated to a specific project remaining in the accounts.

SEC. 530.

(a) None of the funds made available by this Act may be used for the National Aeronautics and Space Administration (NASA) or the Office of Science and Technology Policy (OSTP) to develop, design, plan, promulgate, implement, or execute a bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment of this Act.

(b) None of the funds made available by this Act may be used to effectuate the hosting of official Chinese visitors at facilities belonging to or utilized by NASA.

(c) The limitations described in subsections (a) and (b) shall not apply to activities which NASA or OSTP, after consultation with the Federal Bureau of Investigation, have certified—

(1) pose no risk of resulting in the transfer of technology, data, or other information with national security or economic security implications to China or a Chinese-owned company; and

(2) will not involve knowing interactions with officials who have been determined by the United States to have direct involvement with violations of human rights.

(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and shall include a description of the purpose of the activity, its agenda, its major participants, and its location and timing.

SEC. 531.

None of the funds made available by this Act may be used to pay the salaries or expenses of personnel to deny, or fail to act on, an application for the importation of any model of shotgun if—

(1) all other requirements of law with respect to the proposed importation are met; and

(2) no application for the importation of such model of shotgun, in the same configuration, had been denied by the Attorney General prior to January 1, 2011, on the basis that the shotgun was not particularly suitable for or readily adaptable to sporting purposes.

SEC. 532.

(a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network blocks the viewing, downloading, and exchanging of pornography.

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, adjudication, or other law enforcement- or victim assistance-related activity.

SEC. 533.

The Departments of Commerce and Justice, the National Aeronautics and Space Administration, the National Science Foundation, the Commission on Civil Rights, the Equal Employment Opportunity Commission, the International Trade Commission, the Legal Services Corporation, the Marine Mammal Commission, the Offices of Science and Technology Policy and the United States Trade Representative, and the State Justice Institute shall submit spending plans, signed by the respective department or agency head, to the Committees on Appropriations of the House of Representatives and the Senate within 45 days after the date of enactment of this Act.

SEC. 534.

None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.

SEC. 535.

Notwithstanding any other provision of this Act, none of the funds appropriated or otherwise made available by this Act may be used to pay award or incentive fees for contractor performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements of a contract.

SEC. 536.

The Department of Commerce, the National Aeronautics and Space Administration, and the National Science Foundation shall provide a quarterly report to the Committees on Appropriations of the House of Representatives and the Senate on any official travel to China by any employee of such Department or agency, including the purpose of such travel.

SEC. 537.

None of the funds made available in this Act to the Department of Justice may be used, with respect to any of the States of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois, Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming, or with respect to the District of Columbia, Guam, or Puerto Rico, to prevent any of them from implementing their own laws that authorize the use, distribution, possession, or cultivation of medical marijuana.

SEC. 538.

None of the funds made available by this Act may be used in contravention of section 7606 (“Legitimacy of Industrial Hemp Research”) of the Agricultural Act of 2014 (Public Law 113–79) by the Department of Justice or the Drug Enforcement Administration.

SEC. 539.

Of the amounts made available by this Act, not less than 10 percent of each total amount provided, respectively, for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section 27 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3722) shall be allocated for assistance in persistent poverty counties: Provided, That for purposes of this section, the term “persistent poverty counties” means any county that has had 20 percent or more of its population living in poverty over the past 30 years, as measured by the 1990 and 2000 decennial censuses and the most recent Small Area Income and Poverty Estimates.

SEC. 540.

For an additional amount for “National Aeronautics and Space Administration—Construction and Environmental Compliance and Restoration”, $109,000,000, to remain available until expended, for repairs at National Aeronautics and Space Administration (NASA) owned facilities that directly support NASA’s mission which were damaged as a result of recent natural disasters: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section 251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.

exception to limitation on appointment of certain persons as united states trade representative

SEC. 541.

(a) In general.—The limitation under section 141(b) (4) of the Trade Act of 1974 (19 U.S.C. 2171(b)(4)) shall not apply to the first person appointed, by and with the advice and consent of the Senate, as the United States Trade Representative after the date of the enactment of this Act, if that person served as a Deputy United States Trade Representative before the date of the enactment of the Lobbying Disclosure Act of 1995 (2 U.S.C. 1601 et seq.).

(b) Limited exception.—This section applies only to the first person appointed as United States Trade Representative after the date of enactment of this Act, and to no other person.

SEC. 542.

For an additional amount for “Department of Justice, State and Local Law Enforcement Activities, Office of Justice Programs, State and Local Law Enforcement Assistance”, $15,000,000 for emergency law enforcement assistance for events occurring during fiscal years 2016 and 2017, as authorized by section 609M of the Justice Assistance Act of 1984 (42 U.S.C. 10501; Public Law 98–473).

This division may be cited as the “Commerce, Justice, Science, and Related Agencies Appropriations Act, 2017”.

DIVISION CDepartment of Defense Appropriations Act, 2017

TITLE I

MILITARY PERSONNEL

Military Personnel, Army

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $40,042,962,000.

Military Personnel, Navy

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members of the Reserve provided for elsewhere), midshipmen, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $27,889,405,000.

Military Personnel, Marine Corps

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except members of the Reserve provided for elsewhere); and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $12,735,182,000.

Military Personnel, Air Force

For pay, allowances, individual clothing, subsistence, interest on deposits, gratuities, permanent change of station travel (including all expenses thereof for organizational movements), and expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members of reserve components provided for elsewhere), cadets, and aviation cadets; for members of the Reserve Officers' Training Corps; and for payments pursuant to section 156 of Public Law 97–377, as amended (42 U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $27,958,795,000.

Reserve Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army Reserve on active duty under sections 10211, 10302, and 3038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $4,524,863,000.

Reserve Personnel, Navy

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Navy Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,921,045,000.

Reserve Personnel, Marine Corps

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Marine Corps Reserve on active duty under section 10211 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty, and for members of the Marine Corps platoon leaders class, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $744,795,000.

Reserve Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air Force Reserve on active duty under sections 10211, 10305, and 8038 of title 10, United States Code, or while serving on active duty under section 12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $1,725,526,000.

National Guard Personnel, Army

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Army National Guard while on duty under sections 10211, 10302, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $7,899,423,000.

National Guard Personnel, Air Force

For pay, allowances, clothing, subsistence, gratuities, travel, and related expenses for personnel of the Air National Guard on duty under sections 10211, 10305, or 12402 of title 10 or section 708 of title 32, United States Code, or while serving on duty under section 12301(d) of title 10 or section 502(f) of title 32, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or other duty, and expenses authorized by section 16131 of title 10, United States Code; and for payments to the Department of Defense Military Retirement Fund, $3,283,982,000.

TITLE IIOPERATION AND MAINTENANCE

Operation And Maintenance, Army

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Army, as authorized by law, $32,738,173,000: Provided, That not to exceed $12,478,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Army, and payments may be made on his certificate of necessity for confidential military purposes.

Operation And Maintenance, Navy

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Navy and the Marine Corps, as authorized by law, $38,552,017,000: Provided, That not to exceed $15,055,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate of necessity for confidential military purposes.

Operation And Maintenance, Marine Corps

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Marine Corps, as authorized by law, $5,676,152,000.

Operation And Maintenance, Air Force

For expenses, not otherwise provided for, necessary for the operation and maintenance of the Air Force, as authorized by law, $36,247,724,000: Provided, That not to exceed $7,699,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of the Air Force, and payments may be made on his certificate of necessity for confidential military purposes.

Operation And Maintenance, Defense-wide

(including transfer of funds)

For expenses, not otherwise provided for, necessary for the operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $32,373,949,000: Provided, That not more than $15,000,000 may be used for the Combatant Commander Initiative Fund authorized under section 166a of title 10, United States Code: Provided further, That not to exceed $36,000,000 can be used for emergencies and extraordinary expenses, to be expended on the approval or authority of the Secretary of Defense, and payments may be made on his certificate of necessity for confidential military purposes: Provided further, That of the funds provided under this heading, not less than $34,964,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That none of the funds appropriated or otherwise made available by this Act may be used to plan or implement the consolidation of a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces into a legislative affairs or legislative liaison office: Provided further, That $5,023,000, to remain available until expended, is available only for expenses relating to certain classified activities, and may be transferred as necessary by the Secretary of Defense to operation and maintenance appropriations or research, development, test and evaluation appropriations, to be merged with and to be available for the same time period as the appropriations to which transferred: Provided further, That any ceiling on the investment item unit cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding proviso: Provided further, That of the funds provided under this heading, $480,000,000, to remain available until September 30, 2018, shall be available to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Operation And Maintenance, Army Reserve

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $2,743,688,000.

Operation And Maintenance, Navy Reserve

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $929,656,000.

Operation And Maintenance, Marine Corps Reserve

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Marine Corps Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $271,133,000.

Operation And Maintenance, Air Force Reserve

For expenses, not otherwise provided for, necessary for the operation and maintenance, including training, organization, and administration, of the Air Force Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,069,229,000.

Operation And Maintenance, Army National Guard

For expenses of training, organizing, and administering the Army National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger motor vehicles; personnel services in the National Guard Bureau; travel expenses (other than mileage), as authorized by law for Army personnel on active duty, for Army National Guard division, regimental, and battalion commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying and equipping the Army National Guard as authorized by law; and expenses of repair, modification, maintenance, and issue of supplies and equipment (including aircraft), $6,861,478,000.

Operation And Maintenance, Air National Guard

For expenses of training, organizing, and administering the Air National Guard, including medical and hospital treatment and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; transportation of things, hire of passenger motor vehicles; supplying and equipping the Air National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including those furnished from stocks under the control of agencies of the Department of Defense; travel expenses (other than mileage) on the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders while inspecting units in compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau, $6,615,095,000.

United States Court Of Appeals For The Armed Forces

For salaries and expenses necessary for the United States Court of Appeals for the Armed Forces, $14,194,000, of which not to exceed $5,000 may be used for official representation purposes.

Environmental Restoration, Army

(including transfer of funds)

For the Department of the Army, $170,167,000, to remain available until transferred: Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Army, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Environmental Restoration, Navy

(including transfer of funds)

For the Department of the Navy, $289,262,000, to remain available until transferred: Provided, That the Secretary of the Navy shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Navy, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Navy, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Environmental Restoration, Air Force

(including transfer of funds)

For the Department of the Air Force, $371,521,000, to remain available until transferred: Provided, That the Secretary of the Air Force shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of the Air Force, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Environmental Restoration, Defense-wide

(including transfer of funds)

For the Department of Defense, $9,009,000, to remain available until transferred: Provided, That the Secretary of Defense shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris of the Department of Defense, or for similar purposes, transfer the funds made available by this appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Environmental Restoration, Formerly Used Defense Sites

(including transfer of funds)

For the Department of the Army, $222,084,000, to remain available until transferred: Provided, That the Secretary of the Army shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste, removal of unsafe buildings and debris at sites formerly used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to be available for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this Act.

Overseas Humanitarian, Disaster, And Civic Aid

For expenses relating to the Overseas Humanitarian, Disaster, and Civic Aid programs of the Department of Defense (consisting of the programs provided under sections 401, 402, 404, 407, 2557, and 2561 of title 10, United States Code), $123,125,000, to remain available until September 30, 2018.

Cooperative Threat Reduction Account

For assistance, including assistance provided by contract or by grants, under programs and activities of the Department of Defense Cooperative Threat Reduction Program authorized under the Department of Defense Cooperative Threat Reduction Act, $325,604,000, to remain available until September 30, 2019.

TITLE IIIPROCUREMENT

Aircraft Procurement, Army

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $4,587,598,000, to remain available for obligation until September 30, 2019.

Missile Procurement, Army

For construction, procurement, production, modification, and modernization of missiles, equipment, including ordnance, ground handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,533,804,000, to remain available for obligation until September 30, 2019.

Procurement Of Weapons And Tracked Combat Vehicles, Army

For construction, procurement, production, and modification of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $2,229,455,000, to remain available for obligation until September 30, 2019.

Procurement Of Ammunition, Army

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,483,566,000, to remain available for obligation until September 30, 2019.

Other Procurement, Army

For construction, procurement, production, and modification of vehicles, including tactical, support, and non-tracked combat vehicles; the purchase of passenger motor vehicles for replacement only; communications and electronic equipment; other support equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $6,147,328,000, to remain available for obligation until September 30, 2019.

Aircraft Procurement, Navy

For construction, procurement, production, modification, and modernization of aircraft, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $16,135,335,000, to remain available for obligation until September 30, 2019.

Weapons Procurement, Navy

For construction, procurement, production, modification, and modernization of missiles, torpedoes, other weapons, and related support equipment including spare parts, and accessories therefor; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $3,265,285,000, to remain available for obligation until September 30, 2019.

Procurement Of Ammunition, Navy And Marine Corps

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $633,678,000, to remain available for obligation until September 30, 2019.

Shipbuilding And Conversion, Navy

For expenses necessary for the construction, acquisition, or conversion of vessels as authorized by law, including armor and armament thereof, plant equipment, appliances, and machine tools and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; procurement of critical, long lead time components and designs for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, as follows:

Ohio Replacement Submarine (AP), $773,138,000;

Carrier Replacement Program, $1,255,783,000;

Carrier Replacement Program (AP), $1,370,784,000;

Virginia Class Submarine, $3,187,985,000;

Virginia Class Submarine (AP), $1,852,234,000;

CVN Refueling Overhauls, $1,699,120,000;

CVN Refueling Overhauls (AP), $233,149,000;

DDG–1000 Program, $271,756,000;

DDG–51 Destroyer, $3,614,792,000;

Littoral Combat Ship, $1,563,692,000;

LPD–17, $1,786,000,000;

LHA Replacement, $1,617,719,000;

TAO Fleet Oiler (AP), $73,079,000;

Moored Training Ship, $624,527,000;

Ship to Shore Connector, $128,067,000;

Service Craft, $65,192,000;

LCAC Service Life Extension Program, $82,074,000;

YP Craft Maintenance/ROH/SLEP, $21,363,000;

For outfitting, post delivery, conversions, and first destination transportation, $626,158,000;

Completion of Prior Year Shipbuilding Programs, $160,274,000; and

Polar Icebreakers (AP), $150,000,000.

In all: $21,156,886,000, to remain available for obligation until September 30, 2021: Provided, That additional obligations may be incurred after September 30, 2021, for engineering services, tests, evaluations, and other such budgeted work that must be performed in the final stage of ship construction: Provided further, That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards in the United States shall be expended in foreign facilities for the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall be used for the construction of any naval vessel in foreign shipyards: Provided further, That funds appropriated or otherwise made available by this Act for production of the common missile compartment of nuclear-powered vessels may be available for multiyear procurement of critical components to support continuous production of such compartments only in accordance with the provisions of subsection (i) of section 2218a of title 10, United States Code (as added by section 1023 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328)).

Other Procurement, Navy

For procurement, production, and modernization of support equipment and materials not otherwise provided for, Navy ordnance (except ordnance for new aircraft, new ships, and ships authorized for conversion); the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, including the land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway, $6,308,919,000, to remain available for obligation until September 30, 2019.

Procurement, Marine Corps

For expenses necessary for the procurement, manufacture, and modification of missiles, armament, military equipment, spare parts, and accessories therefor; plant equipment, appliances, and machine tools, and installation thereof in public and private plants; reserve plant and Government and contractor-owned equipment layaway; vehicles for the Marine Corps, including the purchase of passenger motor vehicles for replacement only; and expansion of public and private plants, including land necessary therefor, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title, $1,307,456,000, to remain available for obligation until September 30, 2019.

Aircraft Procurement, Air Force

For construction, procurement, and modification of aircraft and equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories therefor; specialized equipment; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $14,253,623,000, to remain available for obligation until September 30, 2019.

Missile Procurement, Air Force

For construction, procurement, and modification of missiles, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $2,348,121,000, to remain available for obligation until September 30, 2019.

Space Procurement, Air Force

For construction, procurement, and modification of spacecraft, rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices; expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $2,733,243,000, to remain available for obligation until September 30, 2019.

Procurement Of Ammunition, Air Force

For construction, procurement, production, and modification of ammunition, and accessories therefor; specialized equipment and training devices; expansion of public and private plants, including ammunition facilities, authorized by section 2854 of title 10, United States Code, and the land necessary therefor, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; and procurement and installation of equipment, appliances, and machine tools in public and private plants; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes, $1,589,219,000, to remain available for obligation until September 30, 2019.

Other Procurement, Air Force

For procurement and modification of equipment (including ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; lease of passenger motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures, and acquisition of land, for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon, prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $17,768,224,000, to remain available for obligation until September 30, 2019.

Procurement, Defense-wide

For expenses of activities and agencies of the Department of Defense (other than the military departments) necessary for procurement, production, and modification of equipment, supplies, materials, and spare parts therefor, not otherwise provided for; the purchase of passenger motor vehicles for replacement only; expansion of public and private plants, equipment, and installation thereof in such plants, erection of structures, and acquisition of land for the foregoing purposes, and such lands and interests therein, may be acquired, and construction prosecuted thereon prior to approval of title; reserve plant and Government and contractor-owned equipment layaway, $4,881,022,000, to remain available for obligation until September 30, 2019.

Defense Production Act Purchases

For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of 1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $64,065,000, to remain available until expended.

TITLE IVRESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test And Evaluation, Army

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $8,332,965,000, to remain available for obligation until September 30, 2018.

Research, Development, Test And Evaluation, Navy

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $17,214,530,000, to remain available for obligation until September 30, 2018: Provided, That funds appropriated in this paragraph which are available for the V–22 may be used to meet unique operational requirements of the Special Operations Forces.

Research, Development, Test And Evaluation, Air Force

For expenses necessary for basic and applied scientific research, development, test and evaluation, including maintenance, rehabilitation, lease, and operation of facilities and equipment, $27,788,548,000, to remain available for obligation until September 30, 2018.

.—Research, Development, Test and Evaluation, Defense-Wide

(including transfer of funds)

For expenses of activities and agencies of the Department of Defense (other than the military departments), necessary for basic and applied scientific research, development, test and evaluation; advanced research projects as may be designated and determined by the Secretary of Defense, pursuant to law; maintenance, rehabilitation, lease, and operation of facilities and equipment, $18,778,550,000, to remain available for obligation until September 30, 2018: Provided, That, of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program shall only be available for expenses, not otherwise provided for, to include program management and oversight, to conduct research, development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to full-scale production: Provided further, That the Secretary of Defense may transfer funds provided herein for the Defense Rapid Innovation Program to appropriations for research, development, test and evaluation to accomplish the purpose provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of Defense shall, not fewer than 30 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer.

Operational Test And Evaluation, Defense

For expenses, not otherwise provided for, necessary for the independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in connection therewith, $186,994,000, to remain available for obligation until September 30, 2018.

TITLE VREVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For the Defense Working Capital Funds, $1,511,613,000.

TITLE VIOther department of defense programs

Defense Health Program

For expenses, not otherwise provided for, for medical and health care programs of the Department of Defense as authorized by law, $33,781,270,000; of which $31,277,002,000 shall be for operation and maintenance, of which not to exceed one percent shall remain available for obligation until September 30, 2018, and of which up to $15,315,832,000 may be available for contracts entered into under the TRICARE program; of which $402,161,000, to remain available for obligation until September 30, 2019, shall be for procurement; and of which $2,102,107,000, to remain available for obligation until September 30, 2018, shall be for research, development, test and evaluation: Provided, That, notwithstanding any other provision of law, of the amount made available under this heading for research, development, test and evaluation, not less than $8,000,000 shall be available for HIV prevention educational activities undertaken in connection with United States military training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the funds provided under this heading for research, development, test and evaluation, not less than $1,014,600,000 shall be made available to the United States Army Medical Research and Materiel Command to carry out the congressionally directed medical research programs.

Chemical Agents And Munitions Destruction, Defense

For expenses, not otherwise provided for, necessary for the destruction of the United States stockpile of lethal chemical agents and munitions in accordance with the provisions of section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521), and for the destruction of other chemical warfare materials that are not in the chemical weapon stockpile, $523,726,000, of which $119,985,000 shall be for operation and maintenance, of which no less than $49,533,000 shall be for the Chemical Stockpile Emergency Preparedness Program, consisting of $20,368,000 for activities on military installations and $29,165,000, to remain available until September 30, 2018, to assist State and local governments, and of which not more than $13,700,000, to remain available until September 30, 2018, shall be for the destruction of eight United States-origin chemical munitions in the Republic of Panama, to the extent authorized by law; $15,132,000 shall be for procurement, to remain available until September 30, 2019, of which $15,132,000 shall be for the Chemical Stockpile Emergency Preparedness Program to assist State and local governments; and $388,609,000, to remain available until September 30, 2018, shall be for research, development, test and evaluation, of which $380,892,000 shall only be for the Assembled Chemical Weapons Alternatives program.

Drug Interdiction And Counter-drug Activities, Defense

(including transfer of funds)

For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United States Code; for operation and maintenance; for procurement; and for research, development, test and evaluation, $998,800,000, of which $626,087,000 shall be for counter-narcotics support; $118,713,000 shall be for the drug demand reduction program; $234,000,000 shall be for the National Guard counter-drug program; and $20,000,000 shall be for the National Guard counter-drug schools program: Provided, That the funds appropriated under this heading shall be available for obligation for the same time period and for the same purpose as the appropriation to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such amounts may be transferred back to this appropriation: Provided further, That the transfer authority provided under this heading is in addition to any other transfer authority contained elsewhere in this Act.

Office Of The Inspector General

For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act of 1978, as amended, $312,035,000, of which $308,882,000 shall be for operation and maintenance, of which not to exceed $700,000 is available for emergencies and extraordinary expenses to be expended on the approval or authority of the Inspector General, and payments may be made on the Inspector General's certificate of necessity for confidential military purposes; and of which $3,153,000, to remain available until September 30, 2018, shall be for research, development, test and evaluation.

TITLE VIIRELATED 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 VIIIGENERAL PROVISIONS

Sec. 8001. No part of any appropriation contained in this Act shall be used for publicity or propaganda purposes not authorized by the Congress.

Sec. 8002. During the current fiscal year, provisions of law prohibiting the payment of compensation to, or employment of, any person not a citizen of the United States shall not apply to personnel of the Department of Defense: Provided, That salary increases granted to direct and indirect hire foreign national employees of the Department of Defense funded by this Act shall not be at a rate in excess of the percentage increase authorized by law for civilian employees of the Department of Defense whose pay is computed under the provisions of section 5332 of title 5, United States Code, or at a rate in excess of the percentage increase provided by the appropriate host nation to its own employees, whichever is higher: Provided further, That this section shall not apply to Department of Defense foreign service national employees serving at United States diplomatic missions whose pay is set by the Department of State under the Foreign Service Act of 1980: Provided further, That the limitations of this provision shall not apply to foreign national employees of the Department of Defense in the Republic of Turkey.

Sec. 8003. No part of any appropriation contained in this Act shall remain available for obligation beyond the current fiscal year, unless expressly so provided herein.

Sec. 8004. No more than 20 percent of the appropriations in this Act which are limited for obligation during the current fiscal year shall be obligated during the last 2 months of the fiscal year: Provided, That this section shall not apply to obligations for support of active duty training of reserve components or summer camp training of the Reserve Officers' Training Corps.

(transfer of funds)

Sec. 8005. Upon determination by the Secretary of Defense that such action is necessary in the national interest, he may, with the approval of the Office of Management and Budget, transfer not to exceed $4,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction) between such appropriations or funds or any subdivision thereof, to be merged with and to be available for the same purposes, and for the same time period, as the appropriation or fund to which transferred: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers made pursuant to this authority or any other authority in this Act: Provided further, That no part of the funds in this Act shall be available to prepare or present a request to the Committees on Appropriations for reprogramming of funds, unless for higher priority items, based on unforeseen military requirements, than those for which originally appropriated and in no case where the item for which reprogramming is requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2017: Provided further, That transfers among military personnel appropriations shall not be taken into account for purposes of the limitation on the amount of funds that may be transferred under this section.

Sec. 8006. (a) With regard to the list of specific programs, projects, and activities (and the dollar amounts and adjustments to budget activities corresponding to such programs, projects, and activities) contained in the tables titled Explanation of Project Level Adjustments in the explanatory statement regarding this Act, the obligation and expenditure of amounts appropriated or otherwise made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts requested are hereby required by law to be carried out in the manner provided by such tables to the same extent as if the tables were included in the text of this Act.

(b) Amounts specified in the referenced tables described in subsection (a) shall not be treated as subdivisions of appropriations for purposes of section 8005 of this Act: Provided, That section 8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.

Sec. 8007. (a) Not later than 60 days after enactment of this Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2017: Provided, That the report shall include—

(1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;

(2) a delineation in the table for each appropriation both by budget activity and program, project, and activity as detailed in the Budget Appendix; and

(3) an identification of items of special congressional interest.

(b) Notwithstanding section 8005 of this Act, none of the funds provided in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional defense committees, unless the Secretary of Defense certifies in writing to the congressional defense committees that such reprogramming or transfer is necessary as an emergency requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts:

(1) “Environmental Restoration, Army”;

(2) “Environmental Restoration, Navy”;

(3) “Environmental Restoration, Air Force”;

(4) “Environmental Restoration, Defense-wide”;

(5) “Environmental Restoration, Formerly Used Defense Sites”; and

(6) “Drug Interdiction and Counter-drug Activities, Defense”.

(transfer of funds)

Sec. 8008. During the current fiscal year, cash balances in working capital funds of the Department of Defense established pursuant to section 2208 of title 10, United States Code, may be maintained in only such amounts as are necessary at any time for cash disbursements to be made from such funds: Provided, That transfers may be made between such funds: Provided further, That transfers may be made between working capital funds and the “Foreign Currency Fluctuations, Defense” appropriation and the “Operation and Maintenance” appropriation accounts in such amounts as may be determined by the Secretary of Defense, with the approval of the Office of Management and Budget, except that such transfers may not be made unless the Secretary of Defense has notified the Congress of the proposed transfer: Provided further, That except in amounts equal to the amounts appropriated to working capital funds in this Act, no obligations may be made against a working capital fund to procure or increase the value of war reserve material inventory, unless the Secretary of Defense has notified the Congress prior to any such obligation.

Sec. 8009. Funds appropriated by this Act may not be used to initiate a special access program without prior notification 30 calendar days in advance to the congressional defense committees.

Sec. 8010. None of the funds provided in this Act shall be available to initiate: (1) a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year of the contract or that includes an unfunded contingent liability in excess of $20,000,000; or (2) a contract for advance procurement leading to a multiyear contract that employs economic order quantity procurement in excess of $20,000,000 in any one year, unless the congressional defense committees have been notified at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act shall be available to initiate a multiyear contract for which the economic order quantity advance procurement is not funded at least to the limits of the Government's liability: Provided further, That no part of any appropriation contained in this Act shall be available to initiate multiyear procurement contracts for any systems or component thereof if the value of the multiyear contract would exceed $500,000,000 unless specifically provided in this Act: Provided further, That no multiyear procurement contract can be terminated without 30-day prior notification to the congressional defense committees: Provided further, That the execution of multiyear authority shall require the use of a present value analysis to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may be used for a multiyear contract executed after the date of the enactment of this Act unless in the case of any such contract—

(1) the Secretary of Defense has submitted to Congress a budget request for full funding of units to be procured through the contract and, in the case of a contract for procurement of aircraft, that includes, for any aircraft unit to be procured through the contract for which procurement funds are requested in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full funding of procurement of such unit in that fiscal year;

(2) cancellation provisions in the contract do not include consideration of recurring manufacturing costs of the contractor associated with the production of unfunded units to be delivered under the contract;

(3) the contract provides that payments to the contractor under the contract shall not be made in advance of incurred costs on funded units; and

(4) the contract does not provide for a price adjustment based on a failure to award a follow-on contract.

Funds appropriated in title III of this Act may be used for a multiyear procurement contract as follows: AH–64E Apache Helicopter and UH–60M Blackhawk Helicopter.

Sec. 8011. Within the funds appropriated for the operation and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code, for humanitarian and civic assistance costs under chapter 20 of title 10, United States Code. Such funds may also be obligated for humanitarian and civic assistance costs incidental to authorized operations and pursuant to authority granted in section 401 of chapter 20 of title 10, United States Code, and these obligations shall be reported as required by section 401(d) of title 10, United States Code: Provided, That funds available for operation and maintenance shall be available for providing humanitarian and similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized by Public Law 99–239: Provided further, That upon a determination by the Secretary of the Army that such action is beneficial for graduate medical education programs conducted at Army medical facilities located in Hawaii, the Secretary of the Army may authorize the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian patients from American Samoa, the Commonwealth of the Northern Mariana Islands, the Marshall Islands, the Federated States of Micronesia, Palau, and Guam.

Sec. 8012. (a) During fiscal year 2017, the civilian personnel of the Department of Defense may not be managed on the basis of any end-strength, and the management of such personnel during that fiscal year shall not be subject to any constraint or limitation (known as an end-strength) on the number of such personnel who may be employed on the last day of such fiscal year.

(b) The fiscal year 2018 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2018 Department of Defense budget request shall be prepared and submitted to the Congress as if subsections (a) and (b) of this provision were effective with regard to fiscal year 2018.

(c) As required by section 1107 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2358 note) civilian personnel at the Department of Army Science and Technology Reinvention Laboratories may not be managed on the basis of the Table of Distribution and Allowances, and the management of the workforce strength shall be done in a manner consistent with the budget available with respect to such Laboratories.

(d) Nothing in this section shall be construed to apply to military (civilian) technicians.

Sec. 8013. None of the funds appropriated by this Act shall be used for the support of any nonappropriated funds activity of the Department of Defense that procures malt beverages and wine with nonappropriated funds for resale (including such alcoholic beverages sold by the drink) on a military installation located in the United States unless such malt beverages and wine are procured within that State, or in the case of the District of Columbia, within the District of Columbia, in which the military installation is located: Provided, That, in a case in which the military installation is located in more than one State, purchases may be made in any State in which the installation is located: Provided further, That such local procurement requirements for malt beverages and wine shall apply to all alcoholic beverages only for military installations in States which are not contiguous with another State: Provided further, That alcoholic beverages other than wine and malt beverages, in contiguous States and the District of Columbia shall be procured from the most competitive source, price and other factors considered.

Sec. 8014. None of the funds made available by this Act shall be used in any way, directly or indirectly, to influence congressional action on any legislation or appropriation matters pending before the Congress.

Sec. 8015. None of the funds appropriated by this Act shall be available for the basic pay and allowances of any member of the Army participating as a full-time student and receiving benefits paid by the Secretary of Veterans Affairs from the Department of Defense Education Benefits Fund when time spent as a full-time student is credited toward completion of a service commitment: Provided, That this section shall not apply to those members who have reenlisted with this option prior to October 1, 1987: Provided further, That this section applies only to active components of the Army.

(transfer of funds)

Sec. 8016. Funds appropriated in title III of this Act for the Department of Defense Pilot Mentor-Protégé Program may be transferred to any other appropriation contained in this Act solely for the purpose of implementing a Mentor-Protégé Program developmental assistance agreement pursuant to section 831 of the National Defense Authorization Act for Fiscal Year 1991 (Public Law 101–510; 10 U.S.C. 2302 note), as amended, under the authority of this provision or any other transfer authority contained in this Act.

Sec. 8017. None of the funds in this Act may be available for the purchase by the Department of Defense (and its departments and agencies) of welded shipboard anchor and mooring chain 4 inches in diameter and under unless the anchor and mooring chain are manufactured in the United States from components which are substantially manufactured in the United States: Provided, That for the purpose of this section, the term “manufactured” shall include cutting, heat treating, quality control, testing of chain and welding (including the forging and shot blasting process): Provided further, That for the purpose of this section substantially all of the components of anchor and mooring chain shall be considered to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United States exceeds the aggregate cost of the components produced or manufactured outside the United States: Provided further, That when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary of the service responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations that such an acquisition must be made in order to acquire capability for national security purposes.

Sec. 8018. Of the amounts appropriated for “Working Capital Fund, Army”, $140,000,000 shall be available to maintain competitive rates at the arsenals.

Sec. 8019. None of the funds available to the Department of Defense may be used to demilitarize or dispose of M–1 Carbines, M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles, or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited from commercial sale under Federal law, unless the small arms ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for further use.

Sec. 8020. No more than $500,000 of the funds appropriated or made available in this Act shall be used during a single fiscal year for any single relocation of an organization, unit, activity or function of the Department of Defense into or within the National Capital Region: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the congressional defense committees that such a relocation is required in the best interest of the Government.

Sec. 8021. Of the funds made available in this Act, $15,000,000 shall be available for incentive payments authorized by section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided, That a prime contractor or a subcontractor at any tier that makes a subcontract award to any subcontractor or supplier as defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code, shall be considered a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25 U.S.C. 1544) whenever the prime contract or subcontract amount is over $500,000 and involves the expenditure of funds appropriated by an Act making appropriations for the Department of Defense with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section shall be applicable to any Department of Defense acquisition of supplies or services, including any contract and any subcontract at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined in section 1544 of title 25, United States Code, or a small business owned and controlled by an individual or individuals defined under section 4221(9) of title 25, United States Code.

Sec. 8022. Funds appropriated by this Act for the Defense Media Activity shall not be used for any national or international political or psychological activities.

Sec. 8023. During the current fiscal year, the Department of Defense is authorized to incur obligations of not to exceed $350,000,000 for purposes specified in section 2350j(c) of title 10, United States Code, in anticipation of receipt of contributions, only from the Government of Kuwait, under that section: Provided, That, upon receipt, such contributions from the Government of Kuwait shall be credited to the appropriations or fund which incurred such obligations.

Sec. 8024. (a) Of the funds made available in this Act, not less than $40,021,000 shall be available for the Civil Air Patrol Corporation, of which—

(1) $28,000,000 shall be available from “Operation and Maintenance, Air Force” to support Civil Air Patrol Corporation operation and maintenance, readiness, counter-drug activities, and drug demand reduction activities involving youth programs;

(2) $10,337,000 shall be available from “Aircraft Procurement, Air Force”; and

(3) $1,684,000 shall be available from “Other Procurement, Air Force” for vehicle procurement.

(b) The Secretary of the Air Force should waive reimbursement for any funds used by the Civil Air Patrol for counter-drug activities in support of Federal, State, and local government agencies.

Sec. 8025. (a) None of the funds appropriated in this Act are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC), either as a new entity, or as a separate entity administrated by an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs and other nonprofit entities.

(b) No member of a Board of Directors, Trustees, Overseers, Advisory Group, Special Issues Panel, Visiting Committee, or any similar entity of a defense FFRDC, and no paid consultant to any defense FFRDC, except when acting in a technical advisory capacity, may be compensated for his or her services as a member of such entity, or as a paid consultant by more than one FFRDC in a fiscal year: Provided, That a member of any such entity referred to previously in this subsection shall be allowed travel expenses and per diem as authorized under the Federal Joint Travel Regulations, when engaged in the performance of membership duties.

(c) Notwithstanding any other provision of law, none of the funds available to the department from any source during the current fiscal year may be used by a defense FFRDC, through a fee or other payment mechanism, for construction of new buildings not located on a military installation, for payment of cost sharing for projects funded by Government grants, for absorption of contract overruns, or for certain charitable contributions, not to include employee participation in community service and/or development.

(d) Notwithstanding any other provision of law, of the funds available to the department during fiscal year 2017, not more than 5,750 staff years of technical effort (staff years) may be funded for defense FFRDCs: Provided, That, of the specific amount referred to previously in this subsection, not more than 1,125 staff years may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years funded in the National Intelligence Program (NIP) and the Military Intelligence Program (MIP).

(e) The Secretary of Defense shall, with the submission of the department's fiscal year 2018 budget request, submit a report presenting the specific amounts of staff years of technical effort to be allocated for each defense FFRDC during that fiscal year and the associated budget estimates.

(f) Notwithstanding any other provision of this Act, the total amount appropriated in this Act for FFRDCs is hereby reduced by $60,000,000.

Sec. 8026. None of the funds appropriated or made available in this Act shall be used to procure carbon, alloy, or armor steel plate for use in any Government-owned facility or property under the control of the Department of Defense which were not melted and rolled in the United States or Canada: Provided, That these procurement restrictions shall apply to any and all Federal Supply Class 9515, American Society of Testing and Materials (ASTM) or American Iron and Steel Institute (AISI) specifications of carbon, alloy or armor steel plate: Provided further, That the Secretary of the military department responsible for the procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That these restrictions shall not apply to contracts which are in being as of the date of the enactment of this Act.

Sec. 8027. For the purposes of this Act, the term “congressional defense committees” means the Armed Services Committee of the House of Representatives, the Armed Services Committee of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives.

Sec. 8028. During the current fiscal year, the Department of Defense may acquire the modification, depot maintenance and repair of aircraft, vehicles and vessels as well as the production of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities and private firms: Provided, That the Senior Acquisition Executive of the military department or Defense Agency concerned, with power of delegation, shall certify that successful bids include comparable estimates of all direct and indirect costs for both public and private bids: Provided further, That Office of Management and Budget Circular A–76 shall not apply to competitions conducted under this section.

Sec. 8029. (a)(1) If the Secretary of Defense, after consultation with the United States Trade Representative, determines that a foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating against certain types of products produced in the United States that are covered by the agreement, the Secretary of Defense shall rescind the Secretary's blanket waiver of the Buy American Act with respect to such types of products produced in that foreign country.

(2) An agreement referred to in paragraph (1) is any reciprocal defense procurement memorandum of understanding, between the United States and a foreign country pursuant to which the Secretary of Defense has prospectively waived the Buy American Act for certain products in that country.

(b) The Secretary of Defense shall submit to the Congress a report on the amount of Department of Defense purchases from foreign entities in fiscal year 2017. Such report shall separately indicate the dollar value of items for which the Buy American Act was waived pursuant to any agreement described in subsection (a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.), or any international agreement to which the United States is a party.

(c) For purposes of this section, the term “Buy American Act” means chapter 83 of title 41, United States Code.

Sec. 8030. During the current fiscal year, amounts contained in the Department of Defense Overseas Military Facility Investment Recovery Account established by section 2921(c)(1) of the National Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C. 2687 note) shall be available until expended for the payments specified by section 2921(c)(2) of that Act.

Sec. 8031. (a) Notwithstanding any other provision of law, the Secretary of the Air Force may convey at no cost to the Air Force, without consideration, to Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington relocatable military housing units located at Grand Forks Air Force Base, Malmstrom Air Force Base, Mountain Home Air Force Base, Ellsworth Air Force Base, and Minot Air Force Base that are excess to the needs of the Air Force.

(b) The Secretary of the Air Force shall convey, at no cost to the Air Force, military housing units under subsection (a) in accordance with the request for such units that are submitted to the Secretary by the Operation Walking Shield Program on behalf of Indian tribes located in the States of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon, Minnesota, and Washington. Any such conveyance shall be subject to the condition that the housing units shall be removed within a reasonable period of time, as determined by the Secretary.

(c) The Operation Walking Shield Program shall resolve any conflicts among requests of Indian tribes for housing units under subsection (a) before submitting requests to the Secretary of the Air Force under subsection (b).

(d) In this section, the term “Indian tribe” means any recognized Indian tribe included on the current list published by the Secretary of the Interior under section 104 of the Federally Recognized Indian Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C. 479a–1).

Sec. 8032. During the current fiscal year, appropriations which are available to the Department of Defense for operation and maintenance may be used to purchase items having an investment item unit cost of not more than $250,000.

Sec. 8033. None of the funds made available by this Act may be used to—

(1) disestablish, or prepare to disestablish, a Senior Reserve Officers’ Training Corps program in accordance with Department of Defense Instruction Number 1215.08, dated June 26, 2006; or

(2) close, downgrade from host to extension center, or place on probation a Senior Reserve Officers’ Training Corps program in accordance with the information paper of the Department of the Army titled “Army Senior Reserve Officers’ Training Corps (SROTC) Program Review and Criteria”, dated January 27, 2014.

Sec. 8034. The Secretary of Defense shall issue regulations to prohibit the sale of any tobacco or tobacco-related products in military resale outlets in the United States, its territories and possessions at a price below the most competitive price in the local community: Provided, That such regulations shall direct that the prices of tobacco or tobacco-related products in overseas military retail outlets shall be within the range of prices established for military retail system stores located in the United States.

Sec. 8035. (a) During the current fiscal year, none of the appropriations or funds available to the Department of Defense Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during fiscal year 1994 and if the purchase of such an investment item would be chargeable during the current fiscal year to appropriations made to the Department of Defense for procurement.

(b) The fiscal year 2018 budget request for the Department of Defense as well as all justification material and other documentation supporting the fiscal year 2018 Department of Defense budget shall be prepared and submitted to the Congress on the basis that any equipment which was classified as an end item and funded in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2018 procurement appropriation and not in the supply management business area or any other area or category of the Department of Defense Working Capital Funds.

Sec. 8036. None of the funds appropriated by this Act for programs of the Central Intelligence Agency shall remain available for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2018: Provided, That funds appropriated, transferred, or otherwise credited to the Central Intelligence Agency Central Services Working Capital Fund during this or any prior or subsequent fiscal year shall remain available until expended: Provided further, That any funds appropriated or transferred to the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National Security Act of 1947 (50 U.S.C. 3093) shall remain available until September 30, 2018.

Sec. 8037. Notwithstanding any other provision of law, funds made available in this Act and hereafter for the Defense Intelligence Agency may be used for the design, development, and deployment of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the Unified and Specified Commands, and the component commands.

Sec. 8038. Of the funds appropriated to the Department of Defense under the heading “Operation and Maintenance, Defense-Wide”, not less than $12,000,000 shall be made available only for the mitigation of environmental impacts, including training and technical assistance to tribes, related administrative support, the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and cost to complete estimates for mitigation, on Indian lands resulting from Department of Defense activities.

Sec. 8039. (a) None of the funds appropriated in this Act may be expended by an entity of the Department of Defense unless the entity, in expending the funds, complies with the Buy American Act. For purposes of this subsection, the term “Buy American Act” means chapter 83 of title 41, United States Code.

(b) If the Secretary of Defense determines that a person has been convicted of intentionally affixing a label bearing a “Made in America” inscription to any product sold in or shipped to the United States that is not made in America, the Secretary shall determine, in accordance with section 2410f of title 10, United States Code, whether the person should be debarred from contracting with the Department of Defense.

(c) In the case of any equipment or products purchased with appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending the appropriation, purchase only American-made equipment and products, provided that American-made equipment and products are cost-competitive, quality competitive, and available in a timely fashion.

Sec. 8040. Notwithstanding any other provision of law, none of the funds appropriated or otherwise made available by this or any other Act may be used to consolidate or relocate any element of a United States Air Force Rapid Engineer Deployable Heavy Operational Repair Squadron Engineer (RED HORSE) outside of the United States until the Secretary of the Air Force—

(1) completes an analysis and comparison of the cost and infrastructure investment required to consolidate or relocate a RED HORSE squadron outside of the United States versus within the United States;

(2) provides to the congressional defense committees a report detailing the findings of the cost analysis; and

(3) certifies in writing to the congressional defense committees that the preferred site for the consolidation or relocation yields the greatest savings for the Air Force:

Sec. 8041. (a) Except as provided in subsections (b) and (c), none of the funds made available by this Act may be used—

(1) to establish a field operating agency; or

(2) to pay the basic pay of a member of the Armed Forces or civilian employee of the department who is transferred or reassigned from a headquarters activity if the member or employee's place of duty remains at the location of that headquarters.

(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-by-case basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the Senate that the granting of the waiver will reduce the personnel requirements or the financial requirements of the department.

(c) This section does not apply to—

(1) field operating agencies funded within the National Intelligence Program;

(2) an Army field operating agency established to eliminate, mitigate, or counter the effects of improvised explosive devices, and, as determined by the Secretary of the Army, other similar threats;

(3) an Army field operating agency established to improve the effectiveness and efficiencies of biometric activities and to integrate common biometric technologies throughout the Department of Defense; or

(4) an Air Force field operating agency established to administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized Federal entities.

Sec. 8042. (a) None of the funds appropriated by this Act shall be available to convert to contractor performance an activity or function of the Department of Defense that, on or after the date of the enactment of this Act, is performed by Department of Defense civilian employees unless—

(1) the conversion is based on the result of a public-private competition that includes a most efficient and cost effective organization plan developed by such activity or function;

(2) the Competitive Sourcing Official determines that, over all performance periods stated in the solicitation of offers for performance of the activity or function, the cost of performance of the activity or function by a contractor would be less costly to the Department of Defense by an amount that equals or exceeds the lesser of—

(A) 10 percent of the most efficient organization's personnel-related costs for performance of that activity or function by Federal employees; or

(B) $10,000,000; and

(3) the contractor does not receive an advantage for a proposal that would reduce costs for the Department of Defense by—

(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed in the performance of that activity or function under the contract; or

(B) offering to such workers an employer-sponsored health benefits plan that requires the employer to contribute less towards the premium or subscription share than the amount that is paid by the Department of Defense for health benefits for civilian employees under chapter 89 of title 5, United States Code.

(b)(1) The Department of Defense, without regard to subsection (a) of this section or subsection (a), (b), or (c) of section 2461 of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have full authority to enter into a contract for the performance of any commercial or industrial type function of the Department of Defense that—

(A) is included on the procurement list established pursuant to section 2 of the Javits-Wagner-O’Day Act (section 8503 of title 41, United States Code);

(B) is planned to be converted to performance by a qualified nonprofit agency for the blind or by a qualified nonprofit agency for other severely handicapped individuals in accordance with that Act; or

(C) is planned to be converted to performance by a qualified firm under at least 51 percent ownership by an Indian tribe, as defined in section 4(e) of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 450b(e)), or a Native Hawaiian Organization, as defined in section 8(a)(15) of the Small Business Act (15 U.S.C. 637(a)(15)).

(2) This section shall not apply to depot contracts or contracts for depot maintenance as provided in sections 2469 and 2474 of title 10, United States Code.

(c) The conversion of any activity or function of the Department of Defense under the authority provided by this section shall be credited toward any competitive or outsourcing goal, target, or measurement that may be established by statute, regulation, or policy and is deemed to be awarded under the authority of, and in compliance with, subsection (h) of section 2304 of title 10, United States Code, for the competition or outsourcing of commercial activities.

(rescissions)

Sec. 8043. Of the funds appropriated in Department of Defense Appropriations Acts, the following funds are hereby rescinded from the following accounts and programs in the specified amounts: Provided, That no amounts may be rescinded from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended:

“Aircraft Procurement, Army”, 2015/2017, $15,000,000;

“Other Procurement, Army”, 2015/2017, $23,045,000;

“Aircraft Procurement, Navy”, 2015/2017, $88,000,000;

“Weapons Procurement, Navy”, 2015/2017, $11,933,000;

“Procurement of Ammunition, Navy and Marine Corps”, 2015/2017, $43,600,000;

“Aircraft Procurement, Air Force”, 2015/2017, $57,000,000;

“Other Procurement, Air Force”, 2015/2017, $25,500,000;

“Aircraft Procurement, Army”, 2016/2018, $34,594,000;

“Procurement of Ammunition, Army”, 2016/2018, $5,000,000;

“Other Procurement, Army”, 2016/2018, $84,100,000;

“Aircraft Procurement, Navy”, 2016/2018, $6,755,000;

“Weapons Procurement, Navy”, 2016/2018, $5,307,000;

“Procurement of Ammunition, Navy and Marine Corps”, 2016/2018, $6,968,000;

“Shipbuilding and Conversion, Navy”, 2016/2020: DDG-51 Destroyer, $50,000,000;

“Shipbuilding and Conversion, Navy”, 2016/2020: LPD-17, $14,906,000;

“Shipbuilding and Conversion, Navy”, 2016/2020: LX (R), (AP), $236,000,000;

“Other Procurement, Navy”, 2016/2018, $56,374,000;

“Aircraft Procurement, Air Force”, 2016/2018, $383,200,000;

“Missile Procurement, Air Force”, 2016/2018, $34,700,000;

“Space Procurement, Air Force”, 2016/2018, $100,000,000;

“Other Procurement, Air Force”, 2016/2018, $56,369,000;

“Procurement, Defense-Wide”, 2016/2018, $2,600,000;

“Research, Development, Test and Evaluation, Army”, 2016/2017, $33,402,000;

“Research, Development, Test and Evaluation, Navy”, 2016/2017, $31,219,000;

“Research, Development, Test and Evaluation, Air Force”, 2016/2017, $532,550,000; and

“Research, Development, Test and Evaluation, Defense-Wide”, 2016/2017, $64,500,000.

Sec. 8044. None of the funds available in this Act may be used to reduce the authorized positions for military technicians (dual status) of the Army National Guard, Air National Guard, Army Reserve and Air Force Reserve for the purpose of applying any administratively imposed civilian personnel ceiling, freeze, or reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure.

Sec. 8045. None of the funds appropriated or otherwise made available in this Act may be obligated or expended for assistance to the Democratic People's Republic of Korea unless specifically appropriated for that purpose.

Sec. 8046. Funds appropriated in this Act for operation and maintenance of the Military Departments, Combatant Commands and Defense Agencies shall be available for reimbursement of pay, allowances and other expenses which would otherwise be incurred against appropriations for the National Guard and Reserve when members of the National Guard and Reserve provide intelligence or counterintelligence support to Combatant Commands, Defense Agencies and Joint Intelligence Activities, including the activities and programs included within the National Intelligence Program and the Military Intelligence Program: Provided, That nothing in this section authorizes deviation from established Reserve and National Guard personnel and training procedures.

Sec. 8047. (a) None of the funds available to the Department of Defense for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

(b) None of the funds available to the Central Intelligence Agency for any fiscal year for drug interdiction or counter-drug activities may be transferred to any other department or agency of the United States except as specifically provided in an appropriations law.

Sec. 8048. None of the funds appropriated by this Act may be used for the procurement of ball and roller bearings other than those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible for such procurement may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis and that such an acquisition must be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to the purchase of “commercial items”, as defined by section 103 of title 41, United States Code, except that the restriction shall apply to ball or roller bearings purchased as end items.

Sec. 8049. None of the funds made available by this Act may be used to retire, divest, realign, or transfer RQ–4B Global Hawk aircraft, or to disestablish or convert units associated with such aircraft.

Sec. 8050. None of the funds made available by this Act for Evolved Expendable Launch Vehicle service competitive procurements may be used unless the competitive procurements are open for award to all certified providers of Evolved Expendable Launch Vehicle-class systems: Provided, That the award shall be made to the provider that offers the best value to the government.

Sec. 8051. In addition to the amounts appropriated or otherwise made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the determination of the Secretary of Defense that it shall serve the national interest, the Secretary shall make grants in the amounts specified as follows: $20,000,000 to the United Service Organizations and $24,000,000 to the Red Cross.

Sec. 8052. None of the funds in this Act may be used to purchase any supercomputer which is not manufactured in the United States, unless the Secretary of Defense certifies to the congressional defense committees that such an acquisition must be made in order to acquire capability for national security purposes that is not available from United States manufacturers.

Sec. 8053. Notwithstanding any other provision in this Act, the Small Business Innovation Research program and the Small Business Technology Transfer program set-asides shall be taken proportionally from all programs, projects, or activities to the extent they contribute to the extramural budget.

Sec. 8054. None of the funds available to the Department of Defense under this Act shall be obligated or expended to pay a contractor under a contract with the Department of Defense for costs of any amount paid by the contractor to an employee when—

(1) such costs are for a bonus or otherwise in excess of the normal salary paid by the contractor to the employee; and

(2) such bonus is part of restructuring costs associated with a business combination.

(including transfer of funds)

Sec. 8055. During the current fiscal year, no more than $30,000,000 of appropriations made in this Act under the heading “Operation and Maintenance, Defense-Wide” may be transferred to appropriations available for the pay of military personnel, to be merged with, and to be available for the same time period as the appropriations to which transferred, to be used in support of such personnel in connection with support and services for eligible organizations and activities outside the Department of Defense pursuant to section 2012 of title 10, United States Code.

Sec. 8056. During the current fiscal year, in the case of an appropriation account of the Department of Defense for which the period of availability for obligation has expired or which has closed under the provisions of section 1552 of title 31, United States Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be charged to any current appropriation account for the same purpose as the expired or closed account if—

(1) the obligation would have been properly chargeable (except as to amount) to the expired or closed account before the end of the period of availability or closing of that account;

(2) the obligation is not otherwise properly chargeable to any current appropriation account of the Department of Defense; and

(3) in the case of an expired account, the obligation is not chargeable to a current appropriation of the Department of Defense under the provisions of section 1405(b)(8) of the National Defense Authorization Act for Fiscal Year 1991, Public Law 101–510, as amended (31 U.S.C. 1551 note): Provided, That in the case of an expired account, if subsequent review or investigation discloses that there was not in fact a negative unliquidated or unexpended balance in the account, any charge to a current account under the authority of this section shall be reversed and recorded against the expired account: Provided further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to 1 percent of the total appropriation for that account.

Sec. 8057. (a) Notwithstanding any other provision of law, the Chief of the National Guard Bureau may permit the use of equipment of the National Guard Distance Learning Project by any person or entity on a space-available, reimbursable basis. The Chief of the National Guard Bureau shall establish the amount of reimbursement for such use on a case-by-case basis.

(b) Amounts collected under subsection (a) shall be credited to funds available for the National Guard Distance Learning Project and be available to defray the costs associated with the use of equipment of the project under that subsection. Such funds shall be available for such purposes without fiscal year limitation.

Sec. 8058. None of the funds available to the Department of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific fleet: Provided, That the command and control relationships which existed on October 1, 2004, shall remain in force until a written modification has been proposed to the House and Senate Appropriations Committees: Provided further, That the proposed modification may be implemented 30 days after the notification unless an objection is received from either the House or Senate Appropriations Committees: Provided further, That any proposed modification shall not preclude the ability of the commander of United States Pacific Command to meet operational requirements.

(including transfer of funds)

Sec. 8059. Of the funds appropriated in this Act under the heading “Operation and Maintenance, Defense-wide”, $25,000,000 shall be for continued implementation and expansion of the Sexual Assault Special Victims’ Counsel Program: Provided, That the funds are made available for transfer to the Department of the Army, the Department of the Navy, and the Department of the Air Force: Provided further, That funds transferred shall be merged with and available for the same purposes and for the same time period as the appropriations to which the funds are transferred: Provided further, That this transfer authority is in addition to any other transfer authority provided in this Act.

Sec. 8060. None of the funds appropriated in title IV of this Act may be used to procure end-items for delivery to military forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items used in development, prototyping, and test activities preceding and leading to acceptance for operational use: Provided further, That this restriction does not apply to programs funded within the National Intelligence Program: Provided further, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate that it is in the national security interest to do so.

Sec. 8061. (a) The Secretary of Defense may, on a case-by-case basis, waive with respect to a foreign country each limitation on the procurement of defense items from foreign sources provided in law if the Secretary determines that the application of the limitation with respect to that country would invalidate cooperative programs entered into between the Department of Defense and the foreign country, or would invalidate reciprocal trade agreements for the procurement of defense items entered into under section 2531 of title 10, United States Code, and the country does not discriminate against the same or similar defense items produced in the United States for that country.

(b) Subsection (a) applies with respect to—

(1) contracts and subcontracts entered into on or after the date of the enactment of this Act; and

(2) options for the procurement of items that are exercised after such date under contracts that are entered into before such date if the option prices are adjusted for any reason other than the application of a waiver granted under subsection (a).

(c) Subsection (a) does not apply to a limitation regarding construction of public vessels, ball and roller bearings, food, and clothing or textile materials as defined by section XI (chapters 50–65) of the Harmonized Tariff Schedule of the United States and products classified under headings 4010, 4202, 4203, 6401 through 6406, 6505, 7019, 7218 through 7229, 7304.41 through 7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215, and 9404.

Sec. 8062. None of the funds appropriated or otherwise made available by this or other Department of Defense Appropriations Acts may be obligated or expended for the purpose of performing repairs or maintenance to military family housing units of the Department of Defense, including areas in such military family housing units that may be used for the purpose of conducting official Department of Defense business.

(including transfer of funds)

Sec. 8063. Of the amounts appropriated for “Operation and Maintenance, Navy”, up to $1,000,000 shall be available for transfer to the John C. Stennis Center for Public Service Development Trust Fund established under section 116 of the John C. Stennis Center for Public Service Training and Development Act (2 U.S.C. 1105).

Sec. 8064. Notwithstanding any other provision of law, funds appropriated in this Act under the heading “Research, Development, Test and Evaluation, Defense-Wide” for any new start advanced concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report, including a description of the project, the planned acquisition and transition strategy and its estimated annual and total cost, has been provided in writing to the congressional defense committees: Provided, That the Secretary of Defense may waive this restriction on a case-by-case basis by certifying to the congressional defense committees that it is in the national interest to do so.

Sec. 8065. The Secretary of Defense shall continue to provide a classified quarterly report to the House and Senate Appropriations Committees, Subcommittees on Defense on certain matters as directed in the classified annex accompanying this Act.

Sec. 8066. Notwithstanding section 12310(b) of title 10, United States Code, a Reserve who is a member of the National Guard serving on full-time National Guard duty under section 502(f) of title 32, United States Code, may perform duties in support of the ground-based elements of the National Ballistic Missile Defense System.

Sec. 8067. None of the funds provided in this Act may be used to transfer to any nongovernmental entity ammunition held by the Department of Defense that has a center-fire cartridge and a United States military nomenclature designation of “armor penetrator”, “armor piercing (AP)”, “armor piercing incendiary (API)”, or “armor-piercing incendiary tracer (API–T)”, except to an entity performing demilitarization services for the Department of Defense under a contract that requires the entity to demonstrate to the satisfaction of the Department of Defense that armor piercing projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant to a contract with the Department of Defense or the manufacture of ammunition for export pursuant to a License for Permanent Export of Unclassified Military Articles issued by the Department of State.

Sec. 8068. Notwithstanding any other provision of law, the Chief of the National Guard Bureau, or his designee, may waive payment of all or part of the consideration that otherwise would be required under section 2667 of title 10, United States Code, in the case of a lease of personal property for a period not in excess of 1 year to any organization specified in section 508(d) of title 32, United States Code, or any other youth, social, or fraternal nonprofit organization as may be approved by the Chief of the National Guard Bureau, or his designee, on a case-by-case basis.

(including transfer of funds)

Sec. 8069. Of the amounts appropriated in this Act under the heading “Operation and Maintenance, Army”, $75,950,170 shall remain available until expended: Provided, That, notwithstanding any other provision of law, the Secretary of Defense is authorized to transfer such funds to other activities of the Federal Government: Provided further, That the Secretary of Defense is authorized to enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to projects carrying out the purposes of this section: Provided further, That contracts entered into under the authority of this section may provide for such indemnification as the Secretary determines to be necessary: Provided further, That projects authorized by this section shall comply with applicable Federal, State, and local law to the maximum extent consistent with the national security, as determined by the Secretary of Defense.

Sec. 8070. (a) None of the funds appropriated in this or any other Act may be used to take any action to modify—

(1) the appropriations account structure for the National Intelligence Program budget, including through the creation of a new appropriation or new appropriation account;

(2) how the National Intelligence Program budget request is presented in the unclassified P–1, R–1, and O–1 documents supporting the Department of Defense budget request;

(3) the process by which the National Intelligence Program appropriations are apportioned to the executing agencies; or

(4) the process by which the National Intelligence Program appropriations are allotted, obligated and disbursed.

(b) Nothing in section (a) shall be construed to prohibit the merger of programs or changes to the National Intelligence Program budget at or below the Expenditure Center level, provided such change is otherwise in accordance with paragraphs (a)(1)–(3).

(c) The Director of National Intelligence and the Secretary of Defense may jointly, only for the purposes of achieving auditable financial statements and improving fiscal reporting, study and develop detailed proposals for alternative financial management processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative processes will adversely affect counterintelligence.

(d) Upon development of the detailed proposals defined under subsection (c), the Director of National Intelligence and the Secretary of Defense shall—

(1) provide the proposed alternatives to all affected agencies;

(2) receive certification from all affected agencies attesting that the proposed alternatives will help achieve auditability, improve fiscal reporting, and will not adversely affect counterintelligence; and

(3) not later than 30 days after receiving all necessary certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.

Sec. 8071. In addition to amounts provided elsewhere in this Act, $5,000,000 is hereby appropriated to the Department of Defense, to remain available for obligation until expended: Provided, That notwithstanding any other provision of law, that upon the determination of the Secretary of Defense that it shall serve the national interest, these funds shall be available only for a grant to the Fisher House Foundation, Inc., only for the construction and furnishing of additional Fisher Houses to meet the needs of military family members when confronted with the illness or hospitalization of an eligible military beneficiary.

(including transfer of funds)

Sec. 8072. Of the amounts appropriated in this Act under the headings “Procurement, Defense-Wide” and “Research, Development, Test and Evaluation, Defense-Wide”, $600,735,000 shall be for the Israeli Cooperative Programs: Provided, That of this amount, $62,000,000 shall be for the Secretary of Defense to provide to the Government of Israel for the procurement of the Iron Dome defense system to counter short-range rocket threats, subject to the U.S.-Israel Iron Dome Procurement Agreement, as amended; $266,511,000 shall be for the Short Range Ballistic Missile Defense (SRBMD) program, including cruise missile defense research and development under the SRBMD program, of which $150,000,000 shall be for co-production activities of SRBMD missiles in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, of which not more than $90,000,000, subject to previously established transfer procedures, may be obligated or expended until establishment of a U.S.-Israeli co-production agreement for SRBMD; $204,893,000 shall be for an upper-tier component to the Israeli Missile Defense Architecture, of which $120,000,000 shall be for co-production activities of Arrow 3 Upper Tier missiles in the United States and in Israel to meet Israel’s defense requirements consistent with each nation’s laws, regulations, and procedures, of which not more than $70,000,000 subject to previously established transfer procedures, may be obligated or expended until establishment of a U.S.-Israeli co-production agreement for Arrow 3 Upper Tier; and $67,331,000 shall be for the Arrow System Improvement Program including development of a long range, ground and airborne, detection suite: Provided further, That the transfer authority provided under this provision is in addition to any other transfer authority contained in this Act.

(including transfer of funds)

Sec. 8073. Of the amounts appropriated in this Act under the heading “Shipbuilding and Conversion, Navy”, $160,274,000 shall be available until September 30, 2017, to fund prior year shipbuilding cost increases: Provided, That upon enactment of this Act, the Secretary of the Navy shall transfer funds to the following appropriations in the amounts specified: Provided further, That the amounts transferred shall be merged with and be available for the same purposes as the appropriations to which transferred to:

(1) Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: LPD–17 Amphibious Transport Dock Program $45,060,000;

(2) Under the heading “Shipbuilding and Conversion, Navy”, 2011/2017: DDG–51 Destroyer $15,959,000;

(3) Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: Littoral Combat Ship $3,600,000;

(4) Under the heading “Shipbuilding and Conversion, Navy”, 2013/2017: Littoral Combat Ship $82,400,000;

(5) Under the heading “Shipbuilding and Conversion, Navy”, 2012/2017: Expeditionary Fast Transport $6,710,000; and

(6) Under the heading “Shipbuilding and Conversion, Navy”, 2013/2017: Expeditionary Fast Transport $6,545,000.

Sec. 8074. Funds appropriated by this Act, or made available by the transfer of funds in this Act, for intelligence activities are deemed to be specifically authorized by the Congress for purposes of section 504 of the National Security Act of 1947 (50 U.S.C. 3094) during fiscal year 2017 until the enactment of the Intelligence Authorization Act for Fiscal Year 2017.

Sec. 8075. None of the funds provided in this Act shall be available for obligation or expenditure through a reprogramming of funds that creates or initiates a new program, project, or activity unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written prior notification to the congressional defense committees.

Sec. 8076. The budget of the President for fiscal year 2018 submitted to the Congress pursuant to section 1105 of title 31, United States Code, shall include separate budget justification documents for costs of United States Armed Forces' participation in contingency operations for the Military Personnel accounts, the Operation and Maintenance accounts, the Procurement accounts, and the Research, Development, Test and Evaluation accounts: Provided, That these documents shall include a description of the funding requested for each contingency operation, for each military service, to include all Active and Reserve components, and for each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense or object class, a reconciliation of increases and decreases for each contingency operation, and programmatic data including, but not limited to, troop strength for each Active and Reserve component, and estimates of the major weapons systems deployed in support of each contingency: Provided further, That these documents shall include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal years.

Sec. 8077. None of the funds in this Act may be used for research, development, test, evaluation, procurement or deployment of nuclear armed interceptors of a missile defense system.

Sec. 8078. Notwithstanding any other provision of this Act, to reflect savings due to favorable foreign exchange rates, the total amount appropriated in this Act is hereby reduced by $157,000,000.

Sec. 8079. None of the funds appropriated or made available in this Act shall be used to reduce or disestablish the operation of the 53rd Weather Reconnaissance Squadron of the Air Force Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided, That the Air Force shall allow the 53rd Weather Reconnaissance Squadron to perform other missions in support of national defense requirements during the non-hurricane season.

Sec. 8080. None of the funds provided in this Act shall be available for integration of foreign intelligence information unless the information has been lawfully collected and processed during the conduct of authorized foreign intelligence activities: Provided, That information pertaining to United States persons shall only be handled in accordance with protections provided in the Fourth Amendment of the United States Constitution as implemented through Executive Order No. 12333.

Sec. 8081. (a) None of the funds appropriated by this Act may be used to transfer research and development, acquisition, or other program authority relating to current tactical unmanned aerial vehicles (TUAVs) from the Army.

(b) The Army shall retain responsibility for and operational control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV) in order to support the Secretary of Defense in matters relating to the employment of unmanned aerial vehicles.

Sec. 8082. Up to $10,120,000 of the funds appropriated under the heading “Operation and Maintenance, Navy” may be made available for the Asia Pacific Regional Initiative Program for the purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other funding authorities for humanitarian assistance, security assistance or combined exercise expenses: Provided further, That funds may not be obligated to provide assistance to any foreign country that is otherwise prohibited from receiving such type of assistance under any other provision of law.

Sec. 8083. None of the funds appropriated by this Act for programs of the Office of the Director of National Intelligence shall remain available for obligation beyond the current fiscal year, except for funds appropriated for research and technology, which shall remain available until September 30, 2018.

Sec. 8084. For purposes of section 1553(b) of title 31, United States Code, any subdivision of appropriations made in this Act under the heading “Shipbuilding and Conversion, Navy” shall be considered to be for the same purpose as any subdivision under the heading “Shipbuilding and Conversion, Navy” appropriations in any prior fiscal year, and the 1 percent limitation shall apply to the total amount of the appropriation.

Sec. 8085. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit a report to the congressional intelligence committees to establish the baseline for application of reprogramming and transfer authorities for fiscal year 2017: Provided, That the report shall include—

(1) a table for each appropriation with a separate column to display the President's budget request, adjustments made by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;

(2) a delineation in the table for each appropriation by Expenditure Center and project; and

(3) an identification of items of special congressional interest.

(b) None of the funds provided for the National Intelligence Program in this Act shall be available for reprogramming or transfer until the report identified in subsection (a) is submitted to the congressional intelligence committees, unless the Director of National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.

Sec. 8086. None of the funds made available by this Act may be used to eliminate, restructure, or realign Army Contracting Command—New Jersey or make disproportionate personnel reductions at any Army Contracting Command—New Jersey sites without 30-day prior notification to the congressional defense committees.

(rescission)

Sec. 8087. Of the unobligated balances available to the Department of Defense, the following funds are permanently rescinded from the following accounts and programs in the specified amounts to reflect excess cash balances in Department of Defense Acquisition Workforce Development Fund: Provided, That no amounts may be rescinded from amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended:

From “Department of Defense Acquisition Workforce Development Fund, Defense”, $531,000,000.

Sec. 8088. None of the funds made available by this Act for excess defense articles, assistance under section 1206 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456), or peacekeeping operations for the countries designated annually to be in violation of the standards of the Child Soldiers Prevention Act of 2008 (Public Law 110–457; 22 U.S.C. 2370c–1) may be used to support any military training or operation that includes child soldiers, as defined by the Child Soldiers Prevention Act of 2008, unless such assistance is otherwise permitted under section 404 of the Child Soldiers Prevention Act of 2008.

Sec. 8089. Of the amounts appropriated for “Operation and Maintenance, Defense-Wide”, $67,500,000, to remain available until expended, shall be available, notwithstanding any other provision of law, to the Secretary of Defense acting through the Office of Economic Adjustment of the Department of Defense to make grants, conclude cooperative agreements, and supplement other Federal funds to address the need for assistance to support critical existing and enduring military installations and missions on Guam, as well as any potential Department of Defense growth, for purposes of addressing the need for civilian water and wastewater improvements.

Sec. 8090. (a) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that—

(1) creates a new start effort;

(2) terminates a program with appropriated funding of $10,000,000 or more;

(3) transfers funding into or out of the National Intelligence Program; or

(4) transfers funding between appropriations, unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.

(b) None of the funds provided for the National Intelligence Program in this or any prior appropriations Act shall be available for obligation or expenditure through a reprogramming or transfer of funds in accordance with section 102A(d) of the National Security Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees are notified 30 days in advance of such reprogramming of funds; this notification period may be reduced for urgent national security requirements.

Sec. 8091. The Director of National Intelligence shall submit to Congress each year, at or about the time that the President's budget is submitted to Congress that year under section 1105(a) of title 31, United States Code, a future-years intelligence program (including associated annexes) reflecting the estimated expenditures and proposed appropriations included in that budget. Any such future-years intelligence program shall cover the fiscal year with respect to which the budget is submitted and at least the four succeeding fiscal years.

Sec. 8092. For the purposes of this Act, the term “congressional intelligence committees” means the Permanent Select Committee on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense of the Committee on Appropriations of the House of Representatives, and the Subcommittee on Defense of the Committee on Appropriations of the Senate.

(including transfer of funds)

Sec. 8093. During the current fiscal year, not to exceed $11,000,000 from each of the appropriations made in title II of this Act for “Operation and Maintenance, Army”, “Operation and Maintenance, Navy”, and “Operation and Maintenance, Air Force” may be transferred by the military department concerned to its central fund established for Fisher Houses and Suites pursuant to section 2493(d) of title 10, United States Code.

(including transfer of funds)

Sec. 8094. Funds appropriated by this Act for operation and maintenance may be available for the purpose of making remittances and transfer to the Defense Acquisition Workforce Development Fund in accordance with section 1705 of title 10, United States Code.

Sec. 8095. (a) Any agency receiving funds made available in this Act, shall, subject to subsections (b) and (c), post on the public Web site of that agency any report required to be submitted by the Congress in this or any other Act, upon the determination by the head of the agency that it shall serve the national interest.

(b) Subsection (a) shall not apply to a report if—

(1) the public posting of the report compromises national security; or

(2) the report contains proprietary information.

(c) The head of the agency posting such report shall do so only after such report has been made available to the requesting Committee or Committees of Congress for no less than 45 days.

Sec. 8096. (a) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor agrees not to—

(1) enter into any agreement with any of its employees or independent contractors that requires, as a condition of employment, that the employee or independent contractor agree to resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or

(2) take any action to enforce any provision of an existing agreement with an employee or independent contractor that mandates that the employee or independent contractor resolve through arbitration any claim under title VII of the Civil Rights Act of 1964 or any tort related to or arising out of sexual assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention.

(b) None of the funds appropriated or otherwise made available by this Act may be expended for any Federal contract unless the contractor certifies that it requires each covered subcontractor to agree not to enter into, and not to take any action to enforce any provision of, any agreement as described in paragraphs (1) and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract. For purposes of this subsection, a “covered subcontractor” is an entity that has a subcontract in excess of $1,000,000 on a contract subject to subsection (a).

(c) The prohibitions in this section do not apply with respect to a contractor's or subcontractor's agreements with employees or independent contractors that may not be enforced in a court of the United States.

(d) The Secretary of Defense may waive the application of subsection (a) or (b) to a particular contractor or subcontractor for the purposes of a particular contract or subcontract if the Secretary or the Deputy Secretary personally determines that the waiver is necessary to avoid harm to national security interests of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The determination shall set forth with specificity the grounds for the waiver and for the contract or subcontract term selected, and shall state any alternatives considered in lieu of a waiver and the reasons each such alternative would not avoid harm to national security interests of the United States. The Secretary of Defense shall transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days before the contract or subcontract addressed in the determination may be awarded.

(including transfer of funds)

Sec. 8097. From within the funds appropriated for operation and maintenance for the Defense Health Program in this Act, up to $122,375,000, shall be available for transfer to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund in accordance with the provisions of section 1704 of the National Defense Authorization Act for Fiscal Year 2010, Public Law 111–84: Provided, That for purposes of section 1704(b), the facility operations funded are operations of the integrated Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the Secretary of Defense to the Committees on Appropriations of the House of Representatives and the Senate.

Sec. 8098. None of the funds appropriated or otherwise made available by this Act may be used by the Department of Defense or a component thereof in contravention of the provisions of section 130h of title 10, United States Code.

Sec. 8099. Appropriations available to the Department of Defense may be used for the purchase of heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles.

(including transfer of funds)

Sec. 8100. Upon a determination by the Director of National Intelligence that such action is necessary and in the national interest, the Director may, with the approval of the Office of Management and Budget, transfer not to exceed $1,500,000,000 of the funds made available in this Act for the National Intelligence Program: Provided, That such authority to transfer may not be used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated and in no case where the item for which funds are requested has been denied by the Congress: Provided further, That a request for multiple reprogrammings of funds using authority provided in this section shall be made prior to June 30, 2017.

Sec. 8101. None of the funds appropriated or otherwise made available in this or any other Act may be used to transfer, release, or assist in the transfer or release to or within the United States, its territories, or possessions Khalid Sheikh Mohammed or any other detainee who—

(1) is not a United States citizen or a member of the Armed Forces of the United States; and

(2) is or was held on or after June 24, 2009, at United States Naval Station, Guantánamo 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, Guantánamo 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, Guantánamo 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, Guantánamo Bay, Cuba.

Sec. 8103. None of the funds appropriated or otherwise made available in this Act may be used to transfer any individual detained at United States Naval Station Guantanamo Bay, Cuba, to the custody or control of the individual's country of origin, any other foreign country, or any other foreign entity except in accordance with section 1034 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) and section 1034 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328).

Sec. 8104. None of the funds made available by this Act may be used in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.).

Sec. 8105. (a) None of the funds appropriated or otherwise made available by this or any other Act may be used by the Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.

(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary of State and the Director of National Intelligence, determines that it is in the vital national security interest of the United States to do so, and certifies in writing to the congressional defense committees that, to the best of the Secretary's knowledge:

(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab Republic;

(2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of Ukraine; and

(3) Agents of the Russian Federation have ceased taking active measures to destabilize the control of the Government of Ukraine over eastern Ukraine.

(c) The Inspector General of the Department of Defense shall conduct a review of any action involving Rosoboronexport with respect to a waiver issued by the Secretary of Defense pursuant to subsection (b), and not later than 90 days after the date on which such a waiver is issued by the Secretary of Defense, the Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with respect to such waiver.

Sec. 8106. None of the funds made available in this Act may be used for the purchase or manufacture of a flag of the United States unless such flags are treated as covered items under section 2533a(b) of title 10, United States Code.

Sec. 8107. (a) Of the funds appropriated in this Act for the Department of Defense, amounts may be made available, under such regulations as the Secretary of Defense may prescribe, to local military commanders appointed by the Secretary, or by an officer or employee designated by the Secretary, to provide at their discretion ex gratia payments in amounts consistent with subsection (d) of this section for damage, personal injury, or death that is incident to combat operations of the Armed Forces in a foreign country.

(b) An ex gratia payment under this section may be provided only if—

(1) the prospective foreign civilian recipient is determined by the local military commander to be friendly to the United States;

(2) a claim for damages would not be compensable under chapter 163 of title 10, United States Code (commonly known as the “Foreign Claims Act”); and

(3) the property damage, personal injury, or death was not caused by action by an enemy.

(c) Nature of payments.—Any payments provided under a program under subsection (a) shall not be considered an admission or acknowledgement of any legal obligation to compensate for any damage, personal injury, or death.

(d) Amount of payments.—If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided to civilians determined to have suffered harm incident to combat operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and based on an assessment, which should include such factors as cultural appropriateness and prevailing economic conditions.

(e) Legal advice.—Local military commanders shall receive legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department of Defense, shall advise on whether an ex gratia payment is proper under this section and applicable Department of Defense regulations.

(f) Written record.—A written record of any ex gratia payment offered or denied shall be kept by the local commander and on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense.

(g) Report.—The Secretary of Defense shall report to the congressional defense committees on an annual basis the efficacy of the ex gratia payment program including the number of types of cases considered, amounts offered, the response from ex gratia payment recipients, and any recommended modifications to the program.

Sec. 8108. None of the funds available in this Act to the Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number of deployed and non-deployed strategic delivery vehicles and launchers below the levels set forth in the report submitted to Congress in accordance with section 1042 of the National Defense Authorization Act for Fiscal Year 2012.

Sec. 8109. The Secretary of Defense shall post grant awards on a public Web site in a searchable format.

Sec. 8110. None of the funds made available by this Act may be used to fund the performance of a flight demonstration team at a location outside of the United States: Provided, That this prohibition applies only if a performance of a flight demonstration team at a location within the United States was canceled during the current fiscal year due to insufficient funding.

Sec. 8111. None of the funds made available by this Act may be used by the National Security Agency to—

(1) conduct an acquisition pursuant to section 702 of the Foreign Intelligence Surveillance Act of 1978 for the purpose of targeting a United States person; or

(2) acquire, monitor, or store the contents (as such term is defined in section 2510(8) of title 18, United States Code) of any electronic communication of a United States person from a provider of electronic communication services to the public pursuant to section 501 of the Foreign Intelligence Surveillance Act of 1978.

Sec. 8112. None of the funds made available by this Act may be obligated or expended to implement the Arms Trade Treaty until the Senate approves a resolution of ratification for the Treaty.

Sec. 8113. None of the funds made available in this or any other Act may be used to pay the salary of any officer or employee of any agency funded by this Act who approves or implements the transfer of administrative responsibilities or budgetary resources of any program, project, or activity financed by this Act to the jurisdiction of another Federal agency not financed by this Act without the express authorization of Congress: Provided, That this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts providing supplemental appropriations for the Department of Defense.

Sec. 8114. None of the funds made available in this Act may be obligated for activities authorized under section 1208 of the Ronald W. Reagan National Defense Authorization Act for Fiscal Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support for, or expand support to, foreign forces, irregular forces, groups, or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified annex accompanying this Act, not less than 15 days before initiating such support: Provided, That none of the funds made available in this Act may be used under section 1208 for any activity that is not in support of an ongoing military operation being conducted by United States Special Operations Forces to combat terrorism: Provided further, That the Secretary of Defense may waive the prohibitions in this section if the Secretary determines that such waiver is required by extraordinary circumstances and, by not later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver.

Sec. 8115. None of the funds made available by this Act may be used with respect to Iraq in contravention of the War Powers Resolution (50 U.S.C. 1541 et seq.), including for the introduction of United States armed forces into hostilities in Iraq, into situations in Iraq where imminent involvement in hostilities is clearly indicated by the circumstances, or into Iraqi territory, airspace, or waters while equipped for combat, in contravention of the congressional consultation and reporting requirements of sections 3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).

Sec. 8116. None of the funds made available by this Act may be used to divest, retire, transfer, or place in storage or on backup aircraft inventory status, or prepare to divest, retire, transfer, or place in storage or on backup aircraft inventory status, any A–10 aircraft, or to disestablish any units of the active or reserve component associated with such aircraft.

Sec. 8117. None of the funds provided in this Act for the T–AO(X) program shall be used to award a new contract that provides for the acquisition of the following components unless those components are manufactured in the United States: Auxiliary equipment (including pumps) for shipboard services; propulsion equipment (including engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes.

Sec. 8118. The amount appropriated in title II of this Act for “Operation and Maintenance, Army” is hereby reduced by $336,000,000 to reflect excess cash balances in Department of Defense Working Capital Funds.

Sec. 8119. Notwithstanding any other provision of this Act, to reflect savings due to lower than anticipated fuel costs, the total amount appropriated in title II of this Act is hereby reduced by $1,155,000,000.

Sec. 8120. None of the funds made available by this Act may be used to divest or retire, or to prepare to divest or retire, KC–10 aircraft.

Sec. 8121. None of the funds made available by this Act may be used to divest, retire, transfer, or place in storage or on backup aircraft inventory status, or prepare to divest, retire, transfer, or place in storage or on backup aircraft inventory status, any EC–130H aircraft.

Sec. 8122. None of the funds made available by this Act may be used for Government Travel Charge Card expenses by military or civilian personnel of the Department of Defense for gaming, or for entertainment that includes topless or nude entertainers or participants, as prohibited by Department of Defense FMR, Volume 9, Chapter 3 and Department of Defense Instruction 1015.10 (enclosure 3, 14a and 14b).

Sec. 8123. None of the funds made available by this Act may be used to propose, plan for, or execute a new or additional Base Realignment and Closure (BRAC) round.

Sec. 8124. Of the amounts appropriated in this Act for “Operation and Maintenance, Navy”, $274,524,000, to remain available until expended, may be used for any purposes related to the National Defense Reserve Fleet established under section 11 of the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405): Provided, That such amounts are available for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet.

(including transfer of funds)

Sec. 8125. Of the amounts appropriated in this Act, the Secretary of Defense may use up to $20,000,000 under the heading “Operation and Maintenance, Defense-Wide”, and up to $75,000,000 under the heading “Research, Development, Test and Evaluation, Defense-Wide” to develop, replace, and sustain Federal Government security and suitability background investigation information technology systems of the Office of Personnel Management or other Federal agency responsible for conducting such investigations: Provided, That the Secretary may reprogram or transfer additional amounts into these headings or into “Procurement, Defense-Wide” using established reprogramming procedures applicable to congressional special interest items: Provided further, That such funds shall supplement, not supplant any other amounts made available to other Federal agencies for such purposes.

Sec. 8126. None of the funds made available by this Act for the Joint Surveillance Target Attack Radar System recapitalization program may be obligated or expended for pre-milestone B activities after March 31, 2018.

Sec. 8127. None of the funds made available by this Act may be used to carry out the closure or realignment of the United States Naval Station, Guantanamo Bay, Cuba.

(including transfer of funds)

Sec. 8128. Additional readiness funds made available in title II of this Act for “Operation and Maintenance, Army”, “Operation and Maintenance, Navy”, “Operation and Maintenance, Marine Corps”, and “Operation and Maintenance, Air Force” may be transferred to and merged with any appropriation of the Department of Defense for activities related to the Zika virus in order to provide health support for the full range of military operations and sustain the health of the members of the Armed Forces, civilian employees of the Department of Defense, and their families, to include: research and development, disease surveillance, vaccine development, rapid detection, vector controls and surveillance, training, and outbreak response: Provided, That the authority provided in this section is subject to the same terms and conditions as the authority provided in section 8005 of this Act.

Sec. 8129. (a) None of the funds made available in this Act may be used to maintain or establish a computer network unless such network is designed to block access to pornography websites.

(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency or any other entity carrying out criminal investigations, prosecution, or adjudication activities, or for any activity necessary for the national defense, including intelligence activities.

(rescission)

Sec. 8130. (a) The Ship Modernization, Operations and Sustainment Fund established by section 8103 of the Department of Defense Appropriations Act, 2013 (division C of Public Law 113–6; 127 Stat. 321) is hereby terminated, effective as of the date of the enactment of this Act.

(b) Any unobligated balances in the Ship Modernization, Operations and Sustainment Fund as of the date of the enactment of this Act are hereby rescinded.

Sec. 8131. None of the funds made available by this Act may be used to provide arms, training, or other assistance to the Azov Battalion.

Sec. 8132. Notwithstanding any other provision of law, any transfer of funds appropriated or otherwise made available by this Act to the Global Engagement Center pursuant to section 1287 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328) shall be made in accordance with section 8005 or 9002 of this Act, as applicable.

Sec. 8133. No amounts credited or otherwise made available in this or any other Act to the Department of Defense Acquisition Workforce Development Fund may be transferred to:

(1) the Rapid Prototyping Fund established under section 804(d) of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note); or

(2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense Authorization Act for Fiscal Year 2016 (as amended by section 897 of the National Defense Authorization Act for Fiscal Year 2017).

Sec. 8134. No funds provided in this Act shall be used to deny an Inspector General funded under this Act timely access to any records, documents, or other materials available to the department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a provision of law that expressly refers to the Inspector General and expressly limits the Inspector General's right of access. A department or agency covered by this section shall provide its Inspector General with access to all such records, documents, and other materials in a timely manner. Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978. Each Inspector General covered by this section shall report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply with this requirement.

TITLE IXOverseas contingency operations/global war on terrorism

MILITARY PERSONNEL

Military Personnel, Army

For an additional amount for “Military Personnel, Army”, $1,948,648,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Military Personnel, Navy

For an additional amount for “Military Personnel, Navy”, $327,427,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Military Personnel, Marine Corps

For an additional amount for “Military Personnel, Marine Corps”, $179,733,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Military Personnel, Air Force

For an additional amount for “Military Personnel, Air Force”, $705,706,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Reserve Personnel, Army

For an additional amount for “Reserve Personnel, Army”, $42,506,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Reserve Personnel, Navy

For an additional amount for “Reserve Personnel, Navy”, $11,929,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Reserve Personnel, Marine Corps

For an additional amount for “Reserve Personnel, Marine Corps”, $3,764,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Reserve Personnel, Air Force

For an additional amount for “Reserve Personnel, Air Force”, $20,535,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Guard Personnel, Army

For an additional amount for “National Guard Personnel, Army”, $196,472,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Guard Personnel, Air Force

For an additional amount for “National Guard Personnel, Air Force”, $5,288,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

OPERATION AND MAINTENANCE

Operation And Maintenance, Army

For an additional amount for “Operation and Maintenance, Army”, $15,693,068,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Navy

For an additional amount for “Operation and Maintenance, Navy”, $7,887,349,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Marine Corps

For an additional amount for “Operation and Maintenance, Marine Corps”, $1,607,259,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Air Force

For an additional amount for “Operation and Maintenance, Air Force”, $10,556,598,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

.—Operation and Maintenance, Defense-Wide

For an additional amount for “Operation and Maintenance, Defense-Wide”, $6,476,649,000: Provided, That of the funds provided under this heading, not to exceed $920,000,000, to remain available until September 30, 2018, shall be for payments to reimburse key cooperating nations for logistical, military, and other support, including access, provided to United States military and stability operations in Afghanistan and to counter the Islamic State of Iraq and the Levant: Provided further, That such reimbursement payments may be made in such amounts as the Secretary of Defense, with the concurrence of the Secretary of State, and in consultation with the Director of the Office of Management and Budget, may determine, based on documentation determined by the Secretary of Defense to adequately account for the support provided, and such determination is final and conclusive upon the accounting officers of the United States, and 15 days following notification to the appropriate congressional committees: Provided further, That these funds may be used for the purpose of providing specialized training and procuring supplies and specialized equipment and providing such supplies and loaning such equipment on a non-reimbursable basis to coalition forces supporting United States military and stability operations in Afghanistan and to counter the Islamic State of Iraq and the Levant, and 15 days following notification to the appropriate congressional committees: Provided further, That these funds may be used to support the Government of Jordan, in such amounts as the Secretary of Defense may determine, to enhance the ability of the armed forces of Jordan to increase or sustain security along its borders, upon 15 days prior written notification to the congressional defense committees outlining the amounts intended to be provided and the nature of the expenses incurred: Provided further, That of the funds provided under this heading, not to exceed $750,000,000, to remain available until September 30, 2018, shall be available to provide support and assistance to foreign security forces or other groups or individuals to conduct, support or facilitate counterterrorism, crisis response, or other Department of Defense security cooperation programs: Provided further, That of the funds provided under this heading, up to $30,000,000 shall be for Operation Observant Compass: Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided in this paragraph: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Army Reserve

For an additional amount for “Operation and Maintenance, Army Reserve”, $38,679,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Navy Reserve

For an additional amount for “Operation and Maintenance, Navy Reserve”, $26,265,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Marine Corps Reserve

For an additional amount for “Operation and Maintenance, Marine Corps Reserve”, $3,304,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Air Force Reserve

For an additional amount for “Operation and Maintenance, Air Force Reserve”, $57,586,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Army National Guard

For an additional amount for “Operation and Maintenance, Army National Guard”, $127,035,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Operation And Maintenance, Air National Guard

For an additional amount for “Operation and Maintenance, Air National Guard”, $20,000,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Afghanistan Security Forces Fund

For the “Afghanistan Security Forces Fund”, $4,262,715,000, to remain available until September 30, 2018: Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Commander, Combined Security Transition Command—Afghanistan, or the Secretary's designee, to provide assistance, with the concurrence of the Secretary of State, to the security forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary of Defense may obligate and expend funds made available to the Department of Defense in this title for additional costs associated with existing projects previously funded with amounts provided under the heading “Afghanistan Infrastructure Fund” in prior Acts: Provided further, That such costs shall be limited to contract changes resulting from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing projects, and associated supervision and administration costs and costs for design during construction: Provided further, That the Secretary may not use more than $50,000,000 under the authority provided in this section: Provided further, That the Secretary shall notify in advance such contract changes and adjustments in annual reports to the congressional defense committees: Provided further, That the authority to provide assistance under this heading is in addition to any other authority to provide assistance to foreign nations: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or international organization may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further, That the Secretary of Defense shall notify the congressional defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense shall notify the congressional defense committees of any proposed new projects or transfer of funds between budget sub-activity groups in excess of $20,000,000: Provided further, That the United States may accept equipment procured using funds provided under this heading in this or prior Acts that was transferred to the security forces of Afghanistan and returned by such forces to the United States: Provided further, That equipment procured using funds provided under this heading in this or prior Acts, and not yet transferred to the security forces of Afghanistan or transferred to the security forces of Afghanistan and returned by such forces to the United States, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That of the funds provided under this heading, not less than $10,000,000 shall be for recruitment and retention of women in the Afghanistan National Security Forces, and the recruitment and training of female security personnel: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Counter-isil Train And Equip Fund

For the “Counter-Islamic State of Iraq and the Levant Train and Equip Fund”, $980,000,000, to remain available until September 30, 2018: Provided, That such funds shall be available to the Secretary of Defense in coordination with the Secretary of State, to provide assistance, including training; equipment; logistics support, supplies, and services; stipends; infrastructure repair and renovation; and sustainment, to foreign security forces, irregular forces, groups, or individuals participating, or preparing to participate in activities to counter the Islamic State of Iraq and the Levant, and their affiliated or associated groups: Provided further, That these funds may be used, in such amounts as the Secretary of Defense may determine, to enhance the border security of nations adjacent to conflict areas, including Jordan and Lebanon, resulting from actions of the Islamic State of Iraq and the Levant: Provided further, That amounts made available under this heading shall be available to provide assistance only for activities in a country designated by the Secretary of Defense, in coordination with the Secretary of State, as having a security mission to counter the Islamic State of Iraq and the Levant, and following written notification to the congressional defense committees of such designation: Provided further, That the Secretary of Defense shall ensure that prior to providing assistance to elements of any forces or individuals, such elements or individuals are appropriately vetted, including at a minimum, assessing such elements for associations with terrorist groups or groups associated with the Government of Iran; and receiving commitments from such elements to promote respect for human rights and the rule of law: Provided further, That the Secretary of Defense shall, not fewer than 15 days prior to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the Secretary of Defense may accept and retain contributions, including assistance in-kind, from foreign governments, including the Government of Iraq and other entities, to carry out assistance authorized under this heading: Provided further, That contributions of funds for the purposes provided herein from any foreign government or other entity may be credited to this Fund, to remain available until expended, and used for such purposes: Provided further, That the Secretary of Defense may waive a provision of law relating to the acquisition of items and support services or sections 40 and 40A of the Arms Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary determines that such provision of law would prohibit, restrict, delay or otherwise limit the provision of such assistance and a notice of and justification for such waiver is submitted to the congressional defense committees, the Committees on Appropriations and Foreign Relations of the Senate and the Committees on Appropriations and Foreign Affairs of the House of Representatives: Provided further, That the United States may accept equipment procured using funds provided under this heading, or under the heading, “Iraq Train and Equip Fund” in prior Acts, that was transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and the Levant and returned by such forces or groups to the United States, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That equipment procured using funds provided under this heading, or under the heading, “Iraq Train and Equip Fund” in prior Acts, and not yet transferred to security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State of Iraq and the Levant may be treated as stocks of the Department of Defense when determined by the Secretary to no longer be required for transfer to such forces or groups and upon written notification to the congressional defense committees: Provided further, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees on the use of funds provided under this heading, including, but not limited to, the number of individuals trained, the nature and scope of support and sustainment provided to each group or individual, the area of operations for each group, and the contributions of other countries, groups, or individuals: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

PROCUREMENT

Aircraft Procurement, Army

For an additional amount for “Aircraft Procurement, Army”, $313,171,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Missile Procurement, Army

For an additional amount for “Missile Procurement, Army”, $405,317,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement Of Weapons And Tracked Combat Vehicles, Army

For an additional amount for “Procurement of Weapons and Tracked Combat Vehicles, Army”, $395,944,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement Of Ammunition, Army

For an additional amount for “Procurement of Ammunition, Army”, $290,670,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Other Procurement, Army

For an additional amount for “Other Procurement, Army”, $1,343,010,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Aircraft Procurement, Navy

For an additional amount for “Aircraft Procurement, Navy”, $367,930,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Weapons Procurement, Navy

For an additional amount for “Weapons Procurement, Navy”, $8,600,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement Of Ammunition, Navy And Marine Corps

For an additional amount for “Procurement of Ammunition, Navy and Marine Corps”, $65,380,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Other Procurement, Navy

For an additional amount for “Other Procurement, Navy”, $99,786,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement, Marine Corps

For an additional amount for “Procurement, Marine Corps”, $118,939,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Aircraft Procurement, Air Force

For an additional amount for “Aircraft Procurement, Air Force”, $927,249,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Missile Procurement, Air Force

For an additional amount for “Missile Procurement, Air Force”, $235,095,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement Of Ammunition, Air Force

For an additional amount for “Procurement of Ammunition, Air Force”, $273,345,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Other Procurement, Air Force

For an additional amount for “Other Procurement, Air Force”, $3,529,456,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Procurement, Defense-wide

For an additional amount for “Procurement, Defense-Wide”, $244,184,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

National Guard And Reserve Equipment Account

For procurement of rotary-wing aircraft; combat, tactical and support vehicles; other weapons; and other procurement items for the reserve components of the Armed Forces, $750,000,000, to remain available for obligation until September 30, 2019: Provided, That the Chiefs of National Guard and Reserve components shall, not later than 30 days after enactment of this Act, individually submit to the congressional defense committees the modernization priority assessment for their respective National Guard or Reserve component: Provided further, That none of the funds made available by this paragraph may be used to procure manned fixed wing aircraft, or procure or modify missiles, munitions, or ammunition: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

RESEARCH, DEVELOPMENT, TEST AND EVALUATION

Research, Development, Test And Evaluation, Army

For an additional amount for “Research, Development, Test and Evaluation, Army”, $100,522,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Research, Development, Test And Evaluation, Navy

For an additional amount for “Research, Development, Test and Evaluation, Navy”, $78,323,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Research, Development, Test And Evaluation, Air Force

For an additional amount for “Research, Development, Test and Evaluation, Air Force”, $67,905,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Research, Development, Test And Evaluation, Defense-wide

For an additional amount for “Research, Development, Test and Evaluation, Defense-Wide”, $159,919,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

REVOLVING AND MANAGEMENT FUNDS

Defense Working Capital Funds

For an additional amount for “Defense Working Capital Funds”, $140,633,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

OTHER DEPARTMENT OF DEFENSE PROGRAMS

Defense Health Program

For an additional amount for “Defense Health Program”, $331,764,000, which shall be for operation and maintenance: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Drug Interdiction And Counter-drug Activities, Defense

For an additional amount for “Drug Interdiction and Counter-Drug Activities, Defense”, $215,333,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Joint Improvised-threat Defeat Fund

(including transfer of funds)

For the “Joint Improvised-Threat Defeat Fund”, $339,472,000, to remain available until September 30, 2019: Provided, That such funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing the Director of the Joint Improvised-Threat Defeat Organization to investigate, develop and provide equipment, supplies, services, training, facilities, personnel and funds to assist United States forces in the defeat of improvised explosive devices: Provided further, That the Secretary of Defense may transfer funds provided herein to appropriations for military personnel; operation and maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose provided herein: Provided further, That this transfer authority is in addition to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of Defense shall, not fewer than 5 days prior to making transfers from this appropriation, notify the congressional defense committees in writing of the details of any such transfer: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

Office Of The Inspector General

For an additional amount for the “Office of the Inspector General”, $22,062,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

GENERAL PROVISIONS—THIS TITLE

SEC. 9001.

Notwithstanding any other provision of law, funds made available in this title are in addition to amounts appropriated or otherwise made available for the Department of Defense for fiscal year 2017.

(including transfer of funds)

SEC. 9002.

Upon the determination of the Secretary of Defense that such action is necessary in the national interest, the Secretary may, with the approval of the Office of Management and Budget, transfer up to $2,500,000,000 between the appropriations or funds made available to the Department of Defense in this title: Provided, That the Secretary shall notify the Congress promptly of each transfer made pursuant to the authority in this section: Provided further, That the authority provided in this section is in addition to any other transfer authority available to the Department of Defense and is subject to the same terms and conditions as the authority provided in section 8005 of this Act.

SEC. 9003.

Supervision and administration costs and costs for design during construction associated with a construction project funded with appropriations available for operation and maintenance or the “Afghanistan Security Forces Fund” provided in this Act and executed in direct support of overseas contingency operations in Afghanistan, may be obligated at the time a construction contract is awarded: Provided, That, for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs.

SEC. 9004.

From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles up to a limit of $75,000 per vehicle; and (2) heavy and light armored vehicles for the physical security of personnel or for force protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of passenger carrying vehicles.

SEC. 9005.

Not to exceed $5,000,000 of the amounts appropriated by this title under the heading “Operation and Maintenance, Army” may be used, notwithstanding any other provision of law, to fund the Commanders' Emergency Response Program (CERP), for the purpose of enabling military commanders in Afghanistan to respond to urgent, small-scale, humanitarian relief and reconstruction requirements within their areas of responsibility: Provided, That each project (including any ancillary or related elements in connection with such project) executed under this authority shall not exceed $2,000,000: Provided further, That not later than 45 days after the end of each 6 months of the fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that 6-month period that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein: Provided further, That, not later than 30 days after the end of each fiscal year quarter, the Army shall submit to the congressional defense committees quarterly commitment, obligation, and expenditure data for the CERP in Afghanistan: Provided further, That, not less than 15 days before making funds available pursuant to the authority provided in this section or under any other provision of law for the purposes described herein for a project with a total anticipated cost for completion of $500,000 or more, the Secretary shall submit to the congressional defense committees a written notice containing each of the following:

(1) The location, nature and purpose of the proposed project, including how the project is intended to advance the military campaign plan for the country in which it is to be carried out.

(2) The budget, implementation timeline with milestones, and completion date for the proposed project, including any other CERP funding that has been or is anticipated to be contributed to the completion of the project.

(3) A plan for the sustainment of the proposed project, including the agreement with either the host nation, a non-Department of Defense agency of the United States Government or a third-party contributor to finance the sustainment of the activities and maintenance of any equipment or facilities to be provided through the proposed project.

SEC. 9006.

Funds available to the Department of Defense for operation and maintenance may be used, notwithstanding any other provision of law, to provide supplies, services, transportation, including airlift and sealift, and other logistical support to allied forces participating in a combined operation with the armed forces of the United States and coalition forces supporting military and stability operations in Afghanistan and to counter the Islamic State of Iraq and the Levant: Provided, That the Secretary of Defense shall provide quarterly reports to the congressional defense committees regarding support provided under this section.

SEC. 9007.

None of the funds appropriated or otherwise made available by this or any other Act shall be obligated or expended by the United States Government for a purpose as follows:

(1) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Iraq.

(2) To exercise United States control over any oil resource of Iraq.

(3) To establish any military installation or base for the purpose of providing for the permanent stationing of United States Armed Forces in Afghanistan.

SEC. 9008.

None of the funds made available in this Act may be used in contravention of the following laws enacted or regulations promulgated to implement the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (done at New York on December 10, 1984):

(1) Section 2340A of title 18, United States Code.

(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112 Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed thereto, including regulations under part 208 of title 8, Code of Federal Regulations, and part 95 of title 22, Code of Federal Regulations.

(3) Sections 1002 and 1003 of the Department of Defense, Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act, 2006 (Public Law 109–148).

SEC. 9009.

None of the funds provided for the “Afghanistan Security Forces Fund” (ASFF) may be obligated prior to the approval of a financial and activity plan by the Afghanistan Resources Oversight Council (AROC) of the Department of Defense: Provided, That the AROC must approve the requirement and acquisition plan for any service requirements in excess of $50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further, That the Department of Defense must certify to the congressional defense committees that the AROC has convened and approved a process for ensuring compliance with the requirements in the preceding proviso and accompanying report language for the ASFF.

SEC. 9010.

Funds made available in this title to the Department of Defense for operation and maintenance may be used to purchase items having an investment unit cost of not more than $250,000: Provided, That, upon determination by the Secretary of Defense that such action is necessary to meet the operational requirements of a Commander of a Combatant Command engaged in contingency operations overseas, such funds may be used to purchase items having an investment item unit cost of not more than $500,000.

SEC. 9011.

From funds made available to the Department of Defense in this title under the heading “Operation and Maintenance, Air Force”, up to $60,000,000 may be used by the Secretary of Defense, notwithstanding any other provision of law, to support United States Government transition activities in Iraq by funding the operations and activities of the Office of Security Cooperation in Iraq and security assistance teams, including life support, transportation and personal security, and facilities renovation and construction, and site closeout activities prior to returning sites to the Government of Iraq: Provided, That to the extent authorized under the National Defense Authorization Act for Fiscal Year 2017, the operations and activities that may be carried out by the Office of Security Cooperation in Iraq may, with the concurrence of the Secretary of State, include non-operational training activities in support of Iraqi Minister of Defense and Counter Terrorism Service personnel in an institutional environment to address capability gaps, integrate processes relating to intelligence, air sovereignty, combined arms, logistics and maintenance, and to manage and integrate defense-related institutions: Provided further, That not later than 30 days following the enactment of this Act, the Secretary of Defense and the Secretary of State shall submit to the congressional defense committees a plan for transitioning any such training activities that they determine are needed after the end of fiscal year 2017, to existing or new contracts for the sale of defense articles or defense services consistent with the provisions of the Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided further, That, not less than 15 days before making funds available pursuant to the authority provided in this section, the Secretary of Defense shall submit to the congressional defense committees a written notice containing a detailed justification and timeline for the operations and activities of the Office of Security Cooperation in Iraq at each site where such operations and activities will be conducted during fiscal year 2017: Provided further, That amounts made available by this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 9012.

Up to $500,000,000 of funds appropriated by this Act for the Defense Security Cooperation Agency in “Operation and Maintenance, Defense-Wide” may be used to provide assistance to the Government of Jordan to support the armed forces of Jordan and to enhance security along its borders.

SEC. 9013.

None of the funds made available by this Act under the heading “Counter-ISIL Train and Equip Fund” may be used to procure or transfer man-portable air defense systems.

SEC. 9014.

For the “Ukraine Security Assistance Initiative”, $150,000,000 is hereby appropriated, to remain available until September 30, 2017: Provided, That such funds shall be available to the Secretary of Defense, in coordination with the Secretary of State, to provide assistance, including training; equipment; lethal weapons of a defensive nature; logistics support, supplies and services; sustainment; and intelligence support to the military and national security forces of Ukraine, and for replacement of any weapons or defensive articles provided to the Government of Ukraine from the inventory of the United States: Provided further, That the Secretary of Defense shall, not less than 15 days prior to obligating funds provided under this heading, notify the congressional defense committees in writing of the details of any such obligation: Provided further, That the United States may accept equipment procured using funds provided under this heading in this or prior Acts that was transferred to the security forces of Ukraine and returned by such forces to the United States: Provided further, That equipment procured using funds provided under this heading in this or prior Acts, and not yet transferred to the military or National Security Forces of Ukraine or returned by such forces to the United States, may be treated as stocks of the Department of Defense upon written notification to the congressional defense committees: Provided further, That amounts made available by this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.

SEC. 9015.

Funds appropriated in this title shall be available for replacement of funds for items provided to the Government of Ukraine from the inventory of the United States to the extent specifically provided for in section 9014 of this Act.

SEC. 9016.

None of the funds made available by this Act under section 9014 for “Assistance and Sustainment to the Military and National Security Forces of Ukraine” may be used to procure or transfer man-portable air defense systems.

SEC. 9017.

(a) None of the funds appropriated or otherwise made available by this Act under the heading “Operation and Maintenance, Defense-Wide” for payments under section 1233 of