To encourage effective, voluntary private sector investments to recruit, employ, and retain men and women who have served in the United States military with annual presidential awards to private sector employers recognizing such efforts, and for other purposes.
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:
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emergency requirements pursuant to the Balanced Budget and Emergency Deficit Control Act of 1985 are only available (or rescinded, if applicable) if the President subsequently designates the amounts and transmits the designations to Congress.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:
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:
TITLE III--RURAL DEVELOPMENT PROGRAMS
Provides appropriations for Rural Development Programs including:
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:
TITLE V--FOREIGN ASSISTANCE AND RELATED PROGRAMS
Provides appropriations for the Foreign Agricultural Service, including:
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:
(Sec. 715) Limits funds for the following domestic food assistance categories:
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:
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:
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:
Provides appropriations to the National Institute of Standards and Technology (NIST) for:
Provides appropriations to the National Oceanic and Atmospheric Administration (NOAA) for:
Provides appropriations for Departmental Management, including:
(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:
Provides appropriations to the U.S. Parole Commission.
Provides appropriations for Legal Activities, including:
Provides appropriations to the U.S. Marshals Service for:
Provides appropriations to DOJ for:
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:
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:
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:
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:
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:
(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:
TITLE III--PROCUREMENT
Provides appropriations for Procurement by the military departments, including:
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:
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:
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 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:
(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:
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:
Provides appropriations for the Atomic Energy Defense Activities of the National Nuclear Security Administration (NNSA), including:
Provides appropriations for Environmental and Other Defense Activities, including:
Provides appropriations for the Power Marketing Administrations, including:
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:
(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:
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:
Provides appropriations to Treasury for:
Rescinds specified unobligated balances from the Treasury Forfeiture Fund.
Provides appropriations to the Internal Revenue Service (IRS) for:
(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:
(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:
(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:
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:
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:
(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:
(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:
(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:
(Sec. 906) Modifies the priorities for scholarships to give priority to:
(Sec. 907) Requires OSP-participating schools to:
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:
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:
Requires the following issues be evaluated by IES:
(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:
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:
(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:
Provides appropriations to the U.S. Secret Service for:
(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:
Provides appropriations to the Office of Health Affairs.
Provides appropriations to the Federal Emergency Management Agency (FEMA) for:
(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:
(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:
Provides additional appropriations to the CBP for Procurement, Construction, and Improvements, to remain available through FY2021 to:
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:
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:
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:
Provides appropriations to the National Park Service (NPS) for:
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:
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:
Provides appropriations for Department-Wide Programs, including:
(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:
(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:
TITLE II--ENVIRONMENTAL PROTECTION AGENCY
Provides appropriations to the Environmental Protection Agency (EPA) for:
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:
Permits Forest Service appropriations to be used for:
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:
Provides appropriations to the Department of Health and Human Services (HHS) for the Indian Health Service (IHS) including:
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:
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:(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:
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:
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:
Provides appropriations to the Pension Benefit Guaranty Corporation.
Provides appropriation to Labor for:
Provides appropriations for Departmental Management, including:
(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:
Provides appropriations to the Centers for Diseases Control and Prevention (CDC) for:
Provides appropriations to the National Institutes of Health (NIH) for:
Provides appropriations to the Substance Abuse and Mental Health Services Administration for:
Provides appropriations to the Agency for Healthcare Research and Quality.
Provides appropriations to the Centers for Medicare and Medicaid Services for:
Provides appropriations to the Administration for Children and Families for:
Provides appropriations to the Administration for Community Living for Aging and Disability Services Programs.
Provides appropriations to the Office of the Secretary for:
(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:
Provides appropriations for Special Institutions for Persons with Disabilities, including:
Provides Appropriations to ED for:
Provides appropriations for Departmental Management, including:
(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:
(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:
(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:
Provides appropriations to the Social Security Administration (SSA) for:
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:
(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:
(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:
Provides appropriations for:
(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:
(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:
(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:
Provides appropriations to:
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:
Provides appropriations for International Organizations for Contributions to International Organizations and Contributions for International Peacekeeping Activities.
Provides appropriations for International Commissions, including:
Provides appropriations to the Broadcasting Board of Governors for International Broadcasting Operations and Broadcasting Capital Improvements.
Provides appropriations for Related Programs, including:
Provides appropriations for Other Commissions, including:
TITLE II--UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
Provides appropriations to the U.S. Agency for International Development (USAID) for:
TITLE III--BILATERAL ECONOMIC ASSISTANCE
Provides appropriations to the President for:
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:
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:
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:
TITLE VI--EXPORT AND INVESTMENT ASSISTANCE
Provides appropriations for Export and Investment Assistance to:
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:
(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:
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:
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:
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:
Prohibits funds provided by this division from being used for:
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:
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:
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:
(Sec. 7042) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in Africa, including:
(Sec. 7043) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities in East Asia and the Pacific, including:
(Sec. 7044) Sets forth limitations, directives, and authorities for funds provided for diplomatic and development activities and programs in South and Central Asia, including:
(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:
(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:
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:
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:
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:
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:
(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:
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:
(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:
(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:
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:
Provides appropriations for International Security Assistance, including:
(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:
(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:
Prohibits funds provided by this division from being used for:
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:
(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:
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:
(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:
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:
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:
Provides appropriations for Community Planning and Development, including:
Provides appropriations for Housing Programs, including:
Provides appropriations and establishes limits on loan commitments for the Federal Housing Administration (FHA), which includes:
Provides appropriation and establishes limits on loan commitments for the Government National Mortgage Association (Ginnie Mae).
Provides appropriations to HUD for:
(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:
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:
(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:
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.
Referred to the House Committee on Education and the Workforce.
Message on Senate action sent to the House.
Read twice and referred to the Committee on Health, Education, Labor, and Pensions.
Motion to reconsider laid on the table Agreed to without objection.
Message on House action received in Senate and at desk: House amendment to Senate amendment numbered 1.
Considered by Senate (Message from the House considered). (consideration: CR S2715-2716)
McConnell motion to agree to the House amendment to Senate amendment numbered 1 made in Senate. (consideration: CR S2715-2716)
Cloture motion on the motion to agree to the House amendment to the Senate amendment numbered 1 presented in Senate. (CR S2715-2716)
McConnell motion to concur in the House amendment to the Senate amendment numbered 1 with an amendment (SA 210) made in Senate. (consideration: CR S2716)
Motion by Senator McConnell to refer to Senate Committee on Health, Education, Labor, and Pensions the House message to accompany the bill (H.R. 244) with instructions to report back forthwith with amendment SA 212 made in Senate. (consideration: CR S2716)
Considered by Senate (Message from the House considered). (consideration: CR S2735-2737, S2738, S2740-2744, S2746-2761)
Motion by Senator McConnell to refer to Senate Committee on Health, Education, Labor, and Pensions the House message to accompany the bill (H.R. 244) with instructions to report back forthwith with an amendment (SA 212) withdrawn in Senate. (consideration: CR S2735, S2741)
McConnell motion to concur in the House amendment to the Senate amendment numbered 1 with an amendment (SA 210) withdrawn in Senate. (consideration: CR S2735, S2741)
Enacted as Public Law 115-31
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Became Public Law No: 115-124.
Referred to the House Committee on Appropriations.
Placed on the Union Calendar, Calendar No. 34.
Placed on Senate Legislative Calendar under General Orders. Calendar No. 4.
Referred to the Subcommittee on Water, Power and Oceans.
By Senator Murkowski from Committee on Energy and Natural Resources filed written report. Report No. 115-117.
Read twice and referred to the Committee on the Judiciary.
Resolving differences -- Senate actions: Senate agreed to the House amendment to the Senate amendment numbered 1 to the bill (H.R. 244) by Yea-Nay Vote. 79 - 18. Record Vote Number: 121.(consideration: CR S2761)
Roll Call #121 (Senate)Senate agreed to the House amendment to the Senate amendment numbered 1 to the bill (H.R. 244) by Yea-Nay Vote. 79 - 18. Record Vote Number: 121. (consideration: CR S2761)
Roll Call #121 (Senate)Cloture motion on the motion to agree to the House amendment to the Senate amendment numbered 1 rendered moot in Senate.
Message on Senate action sent to the House.
Pursuant to the provisions of H. Con. Res. 53, enrollment corrections on H.R. 244 have been made.
Presented to President.
Presented to President.
Signed by President.
Signed by President.
Became Public Law No: 115-31.
Became Public Law No: 115-31.