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pdfPUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 135
* Public Law 115–31
115th Congress
An Act
Making appropriations for the fiscal year ending September 30, 2017, and for
other purposes.
May 5, 2017
[H.R. 244]
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
Consolidated
Appropriations
Act, 2017.
This Act may be cited as the ‘‘Consolidated Appropriations
Act, 2017’’.
SEC. 2. TABLE OF CONTENTS.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
6.
7.
8.
Short title.
Table of contents.
References.
Explanatory statement.
Statement of appropriations.
Availability of funds.
Technical allowance for estimating differences.
Correction.
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT, FOOD AND DRUG
ADMINISTRATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
Title I—Agricultural Programs
Title II—Conservation Programs
Title III—Rural Development Programs
Title IV—Domestic Food Programs
Title V—Foreign Assistance and Related Programs
Title VI—Related Agency and Food and Drug Administration
Title VII—General Provisions
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND RELATED AGENCIES
APPROPRIATIONS ACT, 2017
Title I—Department of Commerce
Title II—Department of Justice
Title III—Science
Title IV—Related Agencies
Title V—General Provisions
DIVISION C—DEPARTMENT OF DEFENSE APPROPRIATIONS ACT, 2017
Title I—Military Personnel
Title II—Operation and Maintenance
Title III—Procurement
Title IV—Research, Development, Test and Evaluation
Title V—Revolving and Management Funds
Title VI—Other Department of Defense Programs
Title VII—Related Agencies
Title VIII—General Provisions
Title IX—Overseas Contingency Operations/Global War on Terrorism
Title X—Department of Defense—Additional Appropriations
DIVISION D—ENERGY AND WATER DEVELOPMENT AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
Title I—Corps of Engineers—Civil
* See Endnote on 131 Stat. 842.
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PUBL031
131 STAT. 136
PUBLIC LAW 115–31—MAY 5, 2017
Title
Title
Title
Title
II—Department of the Interior
III—Department of Energy
IV—Independent Agencies
V—General Provisions
Title
Title
Title
Title
Title
Title
Title
Title
Title
DIVISION E—FINANCIAL SERVICES AND GENERAL GOVERNMENT
APPROPRIATIONS ACT, 2017
I—Department of the Treasury
II—Executive Office of the President and Funds Appropriated to the President
III—The Judiciary
IV—District of Columbia
V—Independent Agencies
VI—General Provisions—This Act
VII—General Provisions—Government-wide
VIII—General Provisions—District of Columbia
IX—SOAR Reauthorization
DIVISION F—DEPARTMENT OF HOMELAND SECURITY APPROPRIATIONS
ACT, 2017
Title I—Departmental Management, Operations, Intelligence, and Oversight
Title II—Security, Enforcement, and Investigations
Title III—Protection, Preparedness, Response, and Recovery
Title IV—Research, Development, Training, and Services
Title V—General Provisions
Title VI—Department of Homeland Security—Additional Appropriations
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2017
Title I—Department of the Interior
Title II—Environmental Protection Agency
Title III—Related Agencies
Title IV—General Provisions
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES,
AND EDUCATION, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
Title I—Department of Labor
Title II—Department of Health and Human Services
Title III—Department of Education
Title IV—Related Agencies
Title V—General Provisions
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS ACT, 2017
Title I—Legislative Branch
Title II—General Provisions
DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND
RELATED PROGRAMS APPROPRIATIONS ACT, 2017
Title I—Department of State and Related Agency
Title II—United States Agency for International Development
Title III—Bilateral Economic Assistance
Title IV—International Security Assistance
Title V—Multilateral Assistance
Title VI—Export and Investment Assistance
Title VII—General Provisions
Title VIII—Overseas Contingency Operations/Global War on Terrorism
DIVISION K—TRANSPORTATION, HOUSING AND URBAN DEVELOPMENT,
AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
Title I—Department of Transportation
Title II—Department of Housing and Urban Development
Title III—Related Agencies
Title IV—General Provisions—This Act
DIVISION L—MILITARY CONSTRUCTION AND VETERANS AFFAIRS—
ADDITIONAL APPROPRIATIONS ACT, 2017
Title I—Overseas Contingency Operations
Title II—Department of Veterans Affairs
Title III—General Provision—This Division
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 137
DIVISION M—OTHER MATTERS
Title I—Health Benefits for Miners Act of 2017
Title II—Puerto Rico Section 1108(g) Amendment of 2017
Title III—General Provision
DIVISION N—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
DIVISION O—HONORING INVESTMENTS IN RECRUITING AND EMPLOYING
AMERICAN MILITARY VETERANS ACT OF 2017
1 USC 1 note.
SEC. 3. REFERENCES.
Except as expressly provided otherwise, any reference to ‘‘this
Act’’ contained in any division of this Act shall be treated as
referring only to the provisions of that division.
SEC. 4. EXPLANATORY STATEMENT.
The explanatory statement regarding this Act, printed in the
House section of the Congressional Record on or about May 2,
2017, and submitted by the Chairman of the Committee on Appropriations of the House, shall have the same effect with respect
to the allocation of funds and implementation of divisions A through
L of this Act as if it were a joint explanatory statement of a
committee of conference.
SEC. 5. STATEMENT OF APPROPRIATIONS.
The following sums in this Act are appropriated, out of any
money in the Treasury not otherwise appropriated, for the fiscal
year ending September 30, 2017.
SEC. 6. AVAILABILITY OF FUNDS.
(a) Each amount designated in this Act by the Congress as
an emergency requirement pursuant to section 251(b)(2)(A)(i) of
the Balanced Budget and Emergency Deficit Control Act of 1985
shall be available (or rescinded, if applicable) only if the President
subsequently so designates all such amounts and transmits such
designations to the Congress.
(b) Each amount designated in this Act by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985 shall be available (or rescinded, if
applicable) only if the President subsequently so designates all
such amounts and transmits such designations to the Congress.
President.
Designation.
SEC. 7. TECHNICAL ALLOWANCE FOR ESTIMATING DIFFERENCES.
If, for fiscal year 2017, new budget authority provided in appropriations Acts exceeds the discretionary spending limit for any
category set forth in section 251(c) of the Balanced Budget and
Emergency Deficit Control Act of 1985 due to estimating differences
with the Congressional Budget Office, an adjustment to the discretionary spending limit in such category for fiscal year 2017 shall
be made by the Director of the Office of Management and Budget
in the amount of the excess but the total of all such adjustments
shall not exceed 0.2 percent of the sum of the adjusted discretionary
spending limits for all categories for that fiscal year.
SEC. 8. CORRECTION.
The Further Continuing and Security Assistance Appropriations Act, 2017 (Public Law 114–254) is amended by changing
the long title so as to read: ‘‘Making further continuing appropriations for the fiscal year ending September 30, 2017, and for other
purposes.’’.
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130 Stat. 1005.
PUBL031
131 STAT. 138
Agriculture,
Rural
Development,
Food and Drug
Administration,
and Related
Agencies
Appropriations
Act, 2017.
PUBLIC LAW 115–31—MAY 5, 2017
DIVISION A—AGRICULTURE, RURAL DEVELOPMENT,
FOOD AND DRUG ADMINISTRATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
AGRICULTURAL PROGRAMS
PRODUCTION, PROCESSING,
OFFICE
OF THE
AND
MARKETING
SECRETARY
(INCLUDING TRANSFERS OF FUNDS)
Reimbursement.
Funding
obligation.
Time period.
Notification.
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For necessary expenses of the Office of the Secretary,
$44,555,000, of which not to exceed $5,051,000 shall be available
for the immediate Office of the Secretary; not to exceed $502,000
shall be available for the Office of Tribal Relations; not to exceed
$1,496,000 shall be available for the Office of Homeland Security
and Emergency Coordination; not to exceed $1,209,000 shall be
available for the Office of Advocacy and Outreach; not to exceed
$24,928,000 shall be available for the Office of the Assistant Secretary for Administration, of which $24,124,000 shall be available
for Departmental Administration to provide for necessary expenses
for management support services to offices of the Department and
for general administration, security, repairs and alterations, and
other miscellaneous supplies and expenses not otherwise provided
for and necessary for the practical and efficient work of the Department; not to exceed $3,869,000 shall be available for the Office
of Assistant Secretary for Congressional Relations to carry out
the programs funded by this Act, including programs involving
intergovernmental affairs and liaison within the executive branch;
and not to exceed $7,500,000 shall be available for the Office of
Communications: Provided, That the Secretary of Agriculture is
authorized to transfer funds appropriated for any office of the
Office of the Secretary to any other office of the Office of the
Secretary: Provided further, That no appropriation for any office
shall be increased or decreased by more than 5 percent: Provided
further, That not to exceed $11,000 of the amount made available
under this paragraph for the immediate Office of the Secretary
shall be available for official reception and representation expenses,
not otherwise provided for, as determined by the Secretary: Provided
further, That the amount made available under this heading for
Departmental Administration shall be reimbursed from applicable
appropriations in this Act for travel expenses incident to the holding
of hearings as required by 5 U.S.C. 551–558: Provided further,
That funds made available under this heading for the Office of
the Assistant Secretary for Congressional Relations may be transferred to agencies of the Department of Agriculture funded by
this Act to maintain personnel at the agency level: Provided further,
That no funds made available under this heading for the Office
of Assistant Secretary for Congressional Relations may be obligated
after 30 days from the date of enactment of this Act, unless the
Secretary has notified the Committees on Appropriations of both
Houses of Congress on the allocation of these funds by USDA
agency.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 139
EXECUTIVE OPERATIONS
OFFICE OF THE CHIEF ECONOMIST
For necessary expenses of the Office of the Chief Economist,
$18,917,000, of which $4,000,000 shall be for grants or cooperative
agreements for policy research under 7 U.S.C. 3155; and of which
$2,000,000, to remain available until September 30, 2018, shall
be available for policy research and related activities in support
of the forthcoming Farm Bill.
OFFICE OF HEARINGS AND APPEALS
For necessary expenses of the Office of Hearings and Appeals,
$13,399,000.
OFFICE OF BUDGET AND PROGRAM ANALYSIS
For necessary expenses of the Office of Budget and Program
Analysis, $9,525,000.
OFFICE
OF THE
CHIEF INFORMATION OFFICER
For necessary expenses of the Office of the Chief Information
Officer, $49,538,000, of which not less than $33,000,000 is for
cybersecurity requirements of the Department.
OFFICE
OF THE
CHIEF FINANCIAL OFFICER
For necessary expenses of the Office of the Chief Financial
Officer, $8,028,000.
OFFICE
OF THE
ASSISTANT SECRETARY
FOR
CIVIL RIGHTS
For necessary expenses of the Office of the Assistant Secretary
for Civil Rights, $901,000.
OFFICE
For necessary
$24,206,000.
OF
expenses
CIVIL RIGHTS
of
the
AGRICULTURE BUILDINGS
Office
AND
of
Civil
Rights,
FACILITIES
(INCLUDING TRANSFERS OF FUNDS)
For payment of space rental and related costs pursuant to
Public Law 92–313, including authorities pursuant to the 1984
delegation of authority from the Administrator of General Services
to the Department of Agriculture under 40 U.S.C. 121, for programs
and activities of the Department which are included in this Act,
and for alterations and other actions needed for the Department
and its agencies to consolidate unneeded space into configurations
suitable for release to the Administrator of General Services, and
for the operation, maintenance, improvement, and repair of Agriculture buildings and facilities, and for related costs, $84,189,000,
to remain available until expended.
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PUBL031
131 STAT. 140
PUBLIC LAW 115–31—MAY 5, 2017
HAZARDOUS MATERIALS MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Department of Agriculture, to
comply with the Comprehensive Environmental Response, Compensation, and Liability Act (42 U.S.C. 9601 et seq.) and the
Resource Conservation and Recovery Act (42 U.S.C. 6901 et seq.),
$3,633,000, to remain available until expended: Provided, That
appropriations and funds available herein to the Department for
Hazardous Materials Management may be transferred to any
agency of the Department for its use in meeting all requirements
pursuant to the above Acts on Federal and non-Federal lands.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General,
including employment pursuant to the Inspector General Act of
1978, $98,208,000, including such sums as may be necessary for
contracting and other arrangements with public agencies and private persons pursuant to section 6(a)(9) of the Inspector General
Act of 1978, and including not to exceed $125,000 for certain confidential operational expenses, including the payment of informants,
to be expended under the direction of the Inspector General pursuant to Public Law 95–452 and section 1337 of Public Law 97–
98.
OFFICE
OF THE
GENERAL COUNSEL
For necessary expenses of the Office of the General Counsel,
$44,697,000.
OFFICE
OF
ETHICS
For necessary expenses of the Office of Ethics, $4,136,000.
OFFICE
OF THE
UNDER SECRETARY FOR RESEARCH, EDUCATION,
ECONOMICS
AND
For necessary expenses of the Office of the Under Secretary
for Research, Education, and Economics, $893,000.
ECONOMIC RESEARCH SERVICE
For necessary expenses of the Economic Research Service,
$86,757,000.
NATIONAL AGRICULTURAL STATISTICS SERVICE
For necessary expenses of the National Agricultural Statistics
Service, $171,239,000, of which up to $42,177,000 shall be available
until expended for the Census of Agriculture: Provided, That
amounts made available for the Census of Agriculture may be
used to conduct Current Industrial Report surveys subject to 7
U.S.C. 2204g(d) and (f).
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 141
AGRICULTURAL RESEARCH SERVICE
SALARIES AND EXPENSES
For necessary expenses of the Agricultural Research Service
and for acquisition of lands by donation, exchange, or purchase
at a nominal cost not to exceed $100, and for land exchanges
where the lands exchanged shall be of equal value or shall be
equalized by a payment of money to the grantor which shall not
exceed 25 percent of the total value of the land or interests transferred out of Federal ownership, $1,170,235,000: Provided, That
appropriations hereunder shall be available for the operation and
maintenance of aircraft and the purchase of not to exceed one
for replacement only: Provided further, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250 for the construction, alteration, and repair of buildings and improvements, but
unless otherwise provided, the cost of constructing any one building
shall not exceed $500,000, except for headhouses or greenhouses
which shall each be limited to $1,800,000, except for 10 buildings
to be constructed or improved at a cost not to exceed $1,100,000
each, and except for two buildings to be constructed at a cost
not to exceed $3,000,000 each, and the cost of altering any one
building during the fiscal year shall not exceed 10 percent of the
current replacement value of the building or $500,000, whichever
is greater: Provided further, That appropriations hereunder shall
be available for entering into lease agreements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by the Agricultural Research Service
and a condition of the lease shall be that any facility shall be
owned, operated, and maintained by the non-Federal entity and
shall be removed upon the expiration or termination of the lease
agreement: Provided further, That the limitations on alterations
contained in this Act shall not apply to modernization or replacement of existing facilities at Beltsville, Maryland: Provided further,
That appropriations hereunder shall be available for granting easements at the Beltsville Agricultural Research Center: Provided
further, That the foregoing limitations shall not apply to replacement of buildings needed to carry out the Act of April 24, 1948
(21 U.S.C. 113a): Provided further, That appropriations hereunder
shall be available for granting easements at any Agricultural
Research Service location for the construction of a research facility
by a non-Federal entity for use by, and acceptable to, the Agricultural Research Service and a condition of the easements shall
be that upon completion the facility shall be accepted by the Secretary, subject to the availability of funds herein, if the Secretary
finds that acceptance of the facility is in the interest of the United
States: Provided further, That funds may be received from any
State, other political subdivision, organization, or individual for
the purpose of establishing or operating any research facility or
research project of the Agricultural Research Service, as authorized
by law.
7 USC 2254.
Contracts.
Maryland.
Easements.
BUILDINGS AND FACILITIES
For the acquisition of land, construction, repair, improvement,
extension, alteration, and purchase of fixed equipment or facilities
as necessary to carry out the agricultural research programs of
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PUBL031
131 STAT. 142
PUBLIC LAW 115–31—MAY 5, 2017
the Department of Agriculture, where not otherwise provided,
$99,600,000 to remain available until expended.
NATIONAL INSTITUTE
OF
FOOD
AND
AGRICULTURE
RESEARCH AND EDUCATION ACTIVITIES
For payments to agricultural experiment stations, for cooperative forestry and other research, for facilities, and for other
expenses, $849,518,000, which shall be for the purposes, and in
the amounts, specified in the table titled ‘‘National Institute of
Food and Agriculture, Research and Education Activities’’ in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided, That funds
for research grants for 1994 institutions, education grants for 1890
institutions, capacity building for non-land-grant colleges of agriculture, the agriculture and food research initiative, veterinary
medicine loan repayment, multicultural scholars, graduate fellowship and institution challenge grants, and grants management systems shall remain available until expended: Provided further, That
each institution eligible to receive funds under the Evans-Allen
program receives no less than $1,000,000: Provided further, That
funds for education grants for Alaska Native and Native Hawaiianserving institutions be made available to individual eligible institutions or consortia of eligible institutions with funds awarded equally
to each of the States of Alaska and Hawaii: Provided further,
That funds for education grants for 1890 institutions shall be made
available to institutions eligible to receive funds under 7 U.S.C.
3221 and 3222: Provided further, That not more than 5 percent
of the amounts made available by this or any other Act to carry
out the Agriculture and Food Research Initiative under 7 U.S.C.
450i(b) may be retained by the Secretary of Agriculture to pay
administrative costs incurred by the Secretary in carrying out that
authority.
NATIVE AMERICAN INSTITUTIONS ENDOWMENT FUND
For the Native American Institutions Endowment Fund authorized by Public Law 103–382 (7 U.S.C. 301 note), $11,880,000, to
remain available until expended.
EXTENSION ACTIVITIES
For payments to States, the District of Columbia, Puerto Rico,
Guam, the Virgin Islands, Micronesia, the Northern Marianas, and
American Samoa, $477,391,000, which shall be for the purposes,
and in the amounts, specified in the table titled ‘‘National Institute
of Food and Agriculture, Extension Activities’’ in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act): Provided, That funds for facility improvements at 1890 institutions shall remain available until expended:
Provided further, That institutions eligible to receive funds under
7 U.S.C. 3221 for cooperative extension receive no less than
$1,000,000: Provided further, That funds for cooperative extension
under sections 3(b) and (c) of the Smith-Lever Act (7 U.S.C. 343(b)
and (c)) and section 208(c) of Public Law 93–471 shall be available
for retirement and employees’ compensation costs for extension
agents.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 143
INTEGRATED ACTIVITIES
For the integrated research, education, and extension grants
programs,
including
necessary
administrative
expenses,
$36,000,000, which shall be for the purposes, and in the amounts,
specified in the table titled ‘‘National Institute of Food and Agriculture, Integrated Activities’’ in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided, That funds for the Food and Agriculture
Defense Initiative shall remain available until September 30, 2018:
Provided further, That notwithstanding any other provision of law,
indirect costs shall not be charged against any Extension
Implementation Program Area grant awarded under the Crop
Protection/Pest Management Program (7 U.S.C. 7626).
OFFICE
OF THE
UNDER SECRETARY FOR MARKETING
REGULATORY PROGRAMS
AND
For necessary expenses of the Office of the Under Secretary
for Marketing and Regulatory Programs, $901,000.
ANIMAL
AND
PLANT HEALTH INSPECTION SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Animal and Plant Health Inspection Service, including up to $30,000 for representation allowances
and for expenses pursuant to the Foreign Service Act of 1980
(22 U.S.C. 4085), $946,212,000, of which $477,000, to remain available until expended, shall be available for the control of outbreaks
of insects, plant diseases, animal diseases and for control of pest
animals and birds (‘‘contingency fund’’) to the extent necessary
to meet emergency conditions; of which $11,520,000, to remain
available until expended, shall be used for the cotton pests program
for cost share purposes or for debt retirement for active eradication
zones; of which $37,857,000, to remain available until expended,
shall be for Animal Health Technical Services; of which $697,000
shall be for activities under the authority of the Horse Protection
Act of 1970, as amended (15 U.S.C. 1831); of which $55,340,000,
to remain available until expended, shall be used to support avian
health; of which $4,251,000, to remain available until expended,
shall be for information technology infrastructure; of which
$166,500,000, to remain available until expended, shall be for specialty crop pests; of which, $8,826,000, to remain available until
expended, shall be for field crop and rangeland ecosystem pests;
of which $16,523,000, to remain available until expended, shall
be for zoonotic disease management; of which $40,966,000, to
remain available until expended, shall be for emergency preparedness and response; of which $54,000,000, to remain available until
expended, shall be for tree and wood pests; of which $5,723,000,
to remain available until expended, shall be for the National Veterinary Stockpile; of which up to $1,500,000, to remain available
until expended, shall be for the scrapie program for indemnities;
of which $2,500,000, to remain available until expended, shall be
for the wildlife damage management program for aviation safety:
Provided, That of amounts available under this heading for wildlife
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131 STAT. 144
Fees.
PUBLIC LAW 115–31—MAY 5, 2017
services methods development, $1,000,000 shall remain available
until expended: Provided further, That of amounts available under
this heading for the screwworm program, $4,990,000 shall remain
available until expended; of which $3,000,000, to remain available
until expended, shall be for National Bio and Agro-Defense human
capital development: Provided further, That no funds shall be used
to formulate or administer a brucellosis eradication program for
the current fiscal year that does not require minimum matching
by the States of at least 40 percent: Provided further, That this
appropriation shall be available for the operation and maintenance
of aircraft and the purchase of not to exceed five, of which two
shall be for replacement only: Provided further, That in addition,
in emergencies which threaten any segment of the agricultural
production industry of this country, the Secretary may transfer
from other appropriations or funds available to the agencies or
corporations of the Department such sums as may be deemed necessary, to be available only in such emergencies for the arrest
and eradication of contagious or infectious disease or pests of animals, poultry, or plants, and for expenses in accordance with sections 10411 and 10417 of the Animal Health Protection Act (7
U.S.C. 8310 and 8316) and sections 431 and 442 of the Plant
Protection Act (7 U.S.C. 7751 and 7772), and any unexpended
balances of funds transferred for such emergency purposes in the
preceding fiscal year shall be merged with such transferred
amounts: Provided further, That appropriations hereunder shall
be available pursuant to law (7 U.S.C. 2250) for the repair and
alteration of leased buildings and improvements, but unless otherwise provided the cost of altering any one building during the
fiscal year shall not exceed 10 percent of the current replacement
value of the building.
In fiscal year 2017, the agency is authorized to collect fees
to cover the total costs of providing technical assistance, goods,
or services requested by States, other political subdivisions,
domestic and international organizations, foreign governments, or
individuals, provided that such fees are structured such that any
entity’s liability for such fees is reasonably based on the technical
assistance, goods, or services provided to the entity by the agency,
and such fees shall be reimbursed to this account, to remain available until expended, without further appropriation, for providing
such assistance, goods, or services.
BUILDINGS AND FACILITIES
For plans, construction, repair, preventive maintenance,
environmental support, improvement, extension, alteration, and
purchase of fixed equipment or facilities, as authorized by 7 U.S.C.
2250, and acquisition of land as authorized by 7 U.S.C. 428a,
$3,175,000, to remain available until expended.
AGRICULTURAL MARKETING SERVICE
MARKETING SERVICES
For necessary expenses of the Agricultural Marketing Service,
$84,933,000, of which $1,000,000 shall be available for the purposes
of section 12306 of Public Law 113–79: Provided, That of the funds
provided herein, $1,000,000 shall be used for the transportation
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 145
services division: Provided further, That of the amounts made available under this heading, no more than $1,000,000 shall be used
for the purpose of Public Law 114–216: Provided further, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
Fees may be collected for the cost of standardization activities,
as established by regulation pursuant to law (31 U.S.C. 9701).
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $61,227,000 (from fees collected) shall be obligated during the current fiscal year for administrative expenses:
Provided, That if crop size is understated and/or other uncontrollable events occur, the agency may exceed this limitation by up
to 10 percent with notification to the Committees on Appropriations
of both Houses of Congress.
Notification.
FUNDS FOR STRENGTHENING MARKETS, INCOME, AND SUPPLY
(SECTION 32)
(INCLUDING TRANSFERS OF FUNDS)
Funds available under section 32 of the Act of August 24,
1935 (7 U.S.C. 612c), shall be used only for commodity program
expenses as authorized therein, and other related operating
expenses, except for: (1) transfers to the Department of Commerce
as authorized by the Fish and Wildlife Act of August 8, 1956;
(2) transfers otherwise provided in this Act; and (3) not more
than $20,705,000 for formulation and administration of marketing
agreements and orders pursuant to the Agricultural Marketing
Agreement Act of 1937 and the Agricultural Act of 1961.
PAYMENTS TO STATES AND POSSESSIONS
For payments to departments of agriculture, bureaus and
departments of markets, and similar agencies for marketing activities under section 204(b) of the Agricultural Marketing Act of 1946
(7 U.S.C. 1623(b)), $1,235,000.
GRAIN INSPECTION, PACKERS
AND
STOCKYARDS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Grain Inspection, Packers and
Stockyards Administration, $43,482,000: Provided, That this appropriation shall be available pursuant to law (7 U.S.C. 2250) for
the alteration and repair of buildings and improvements, but the
cost of altering any one building during the fiscal year shall not
exceed 10 percent of the current replacement value of the building.
LIMITATION ON INSPECTION AND WEIGHING SERVICES EXPENSES
Not to exceed $55,000,000 (from fees collected) shall be obligated during the current fiscal year for inspection and weighing
services: Provided, That if grain export activities require additional
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PUBLIC LAW 115–31—MAY 5, 2017
supervision and oversight, or other uncontrollable factors occur,
this limitation may be exceeded by up to 10 percent with notification
to the Committees on Appropriations of both Houses of Congress.
OFFICE
OF THE
UNDER SECRETARY
FOR
FOOD SAFETY
For necessary expenses of the Office of the Under Secretary
for Food Safety, $819,000.
FOOD SAFETY
Employee
positions.
Continuance.
AND INSPECTION
SERVICE
For necessary expenses to carry out services authorized by
the Federal Meat Inspection Act, the Poultry Products Inspection
Act, and the Egg Products Inspection Act, including not to exceed
$50,000 for representation allowances and for expenses pursuant
to section 8 of the Act approved August 3, 1956 (7 U.S.C. 1766),
$1,032,062,000; and in addition, $1,000,000 may be credited to
this account from fees collected for the cost of laboratory accreditation as authorized by section 1327 of the Food, Agriculture, Conservation and Trade Act of 1990 (7 U.S.C. 138f): Provided, That
funds provided for the Public Health Data Communication Infrastructure system shall remain available until expended: Provided
further, That no fewer than 148 full-time equivalent positions shall
be employed during fiscal year 2017 for purposes dedicated solely
to inspections and enforcement related to the Humane Methods
of Slaughter Act: Provided further, That the Food Safety and Inspection Service shall continue implementation of section 11016 of
Public Law 110–246 as further clarified by the amendments made
in section 12106 of Public Law 113–79: Provided further, That
this appropriation shall be available pursuant to law (7 U.S.C.
2250) for the alteration and repair of buildings and improvements,
but the cost of altering any one building during the fiscal year
shall not exceed 10 percent of the current replacement value of
the building.
OFFICE
OF THE
UNDER SECRETARY FOR FARM
AGRICULTURAL SERVICES
AND
FOREIGN
For necessary expenses of the Office of the Under Secretary
for Farm and Foreign Agricultural Services, $901,000.
FARM SERVICE AGENCY
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Notification.
Expenditure
plan.
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For necessary expenses of the Farm Service Agency,
$1,206,110,000: Provided, That not more than 50 percent of the
$100,851,000 made available under this heading for information
technology related to farm program delivery, including the Modernize and Innovate the Delivery of Agricultural Systems and other
farm program delivery systems, may be obligated until the Secretary
submits to the Committees on Appropriations of both Houses of
Congress, and receives written or electronic notification of receipt
from such Committees of, a plan for expenditure that (1) identifies
for each project/investment over $25,000 (a) the functional and
performance capabilities to be delivered and the mission benefits
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131 STAT. 147
to be realized, (b) the estimated lifecycle cost, including estimates
for development as well as maintenance and operations, and (c)
key milestones to be met; (2) demonstrates that each project/investment is (a) consistent with the Farm Service Agency Information
Technology Roadmap, (b) being managed in accordance with
applicable lifecycle management policies and guidance, and (c) subject to the applicable Department’s capital planning and investment
control requirements; and (3) has been reviewed by the Government
Accountability Office and approved by the Committees on Appropriations of both Houses of Congress: Provided further, That the
agency shall submit a report by the end of the fourth quarter
of fiscal year 2017 to the Committees on Appropriations and the
Government Accountability Office, that identifies for each project/
investment that is operational (a) current performance against key
indicators of customer satisfaction, (b) current performance of
service level agreements or other technical metrics, (c) current
performance against a pre-established cost baseline, (d) a detailed
breakdown of current and planned spending on operational enhancements or upgrades, and (e) an assessment of whether the investment continues to meet business needs as intended as well as
alternatives to the investment: Provided further, That the Secretary
is authorized to use the services, facilities, and authorities (but
not the funds) of the Commodity Credit Corporation to make program payments for all programs administered by the Agency: Provided further, That other funds made available to the Agency for
authorized activities may be advanced to and merged with this
account: Provided further, That funds made available to county
committees shall remain available until expended: Provided further,
That none of the funds available to the Farm Service Agency
shall be used to close Farm Service Agency county offices: Provided
further, That none of the funds available to the Farm Service
Agency shall be used to permanently relocate county based
employees that would result in an office with two or fewer employees
without prior notification and approval of the Committees on Appropriations of both Houses of Congress.
Reports.
Deadline.
Assessment.
Notification.
STATE MEDIATION GRANTS
For grants pursuant to section 502(b) of the Agricultural Credit
Act of 1987, as amended (7 U.S.C. 5101–5106), $3,904,000.
GRASSROOTS SOURCE WATER PROTECTION PROGRAM
For necessary expenses to carry out wellhead or groundwater
protection activities under section 1240O of the Food Security Act
of 1985 (16 U.S.C. 3839bb–2), $6,500,000, to remain available until
expended.
DAIRY INDEMNITY PROGRAM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses involved in making indemnity payments
to dairy farmers and manufacturers of dairy products under a
dairy indemnity program, such sums as may be necessary, to remain
available until expended: Provided, That such program is carried
out by the Secretary in the same manner as the dairy indemnity
program described in the Agriculture, Rural Development, Food
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131 STAT. 148
PUBLIC LAW 115–31—MAY 5, 2017
and Drug Administration, and Related Agencies Appropriations
Act, 2001 (Public Law 106–387, 114 Stat. 1549A–12).
AGRICULTURAL CREDIT INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Pink bollworm.
Notification.
Deadline.
For gross obligations for the principal amount of direct and
guaranteed farm ownership (7 U.S.C. 1922 et seq.) and operating
(7 U.S.C. 1941 et seq.) loans, emergency loans (7 U.S.C. 1961
et seq.), Indian tribe land acquisition loans (25 U.S.C. 488), boll
weevil loans (7 U.S.C. 1989), guaranteed conservation loans (7
U.S.C. 1924 et seq.), and Indian highly fractionated land loans
(25 U.S.C. 488) to be available from funds in the Agricultural
Credit Insurance Fund, as follows: $2,750,000,000 for guaranteed
farm ownership loans and $1,500,000,000 for farm ownership direct
loans; $1,960,000,000 for unsubsidized guaranteed operating loans
and $1,530,000,000 for direct operating loans; emergency loans,
$22,576,000; Indian tribe land acquisition loans, $20,000,000;
guaranteed conservation loans, $150,000,000; Indian highly
fractionated land loans, $10,000,000; and for boll weevil eradication
program loans, $60,000,000: Provided, That the Secretary shall
deem the pink bollworm to be a boll weevil for the purpose of
boll weevil eradication program loans.
For the cost of direct and guaranteed loans and grants,
including the cost of modifying loans as defined in section 502
of the Congressional Budget Act of 1974, as follows: farm operating
loans, $65,178,000 for direct operating loans, $20,972,000 for unsubsidized guaranteed operating loans, emergency loans, $1,262,000,
to remain available until expended; and $2,550,000 for Indian highly
fractionated land loans.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $317,068,000, of
which $306,998,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
Funds appropriated by this Act to the Agricultural Credit Insurance Program Account for farm ownership, operating and conservation direct loans and guaranteed loans may be transferred among
these programs: Provided, That the Committees on Appropriations
of both Houses of Congress are notified at least 15 days in advance
of any transfer.
RISK MANAGEMENT AGENCY
SALARIES AND EXPENSES
For necessary expenses of the Risk Management Agency,
$74,829,000: Provided, That not to exceed $1,000 shall be available
for official reception and representation expenses, as authorized
by 7 U.S.C. 1506(i).
CORPORATIONS
Contracts.
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The following corporations and agencies are hereby authorized
to make expenditures, within the limits of funds and borrowing
authority available to each such corporation or agency and in accord
with law, and to make contracts and commitments without regard
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to fiscal year limitations as provided by section 104 of the Government Corporation Control Act as may be necessary in carrying
out the programs set forth in the budget for the current fiscal
year for such corporation or agency, except as hereinafter provided.
FEDERAL CROP INSURANCE CORPORATION FUND
For payments as authorized by section 516 of the Federal
Crop Insurance Act (7 U.S.C. 1516), such sums as may be necessary,
to remain available until expended.
COMMODITY CREDIT CORPORATION FUND
REIMBURSEMENT FOR NET REALIZED LOSSES
(INCLUDING TRANSFERS OF FUNDS)
For the current fiscal year, such sums as may be necessary
to reimburse the Commodity Credit Corporation for net realized
losses sustained, but not previously reimbursed, pursuant to section
2 of the Act of August 17, 1961 (15 U.S.C. 713a–11): Provided,
That of the funds available to the Commodity Credit Corporation
under section 11 of the Commodity Credit Corporation Charter
Act (15 U.S.C. 714i) for the conduct of its business with the Foreign
Agricultural Service, up to $5,000,000 may be transferred to and
used by the Foreign Agricultural Service for information resource
management activities of the Foreign Agricultural Service that
are not related to Commodity Credit Corporation business.
HAZARDOUS WASTE MANAGEMENT
(LIMITATION ON EXPENSES)
For the current fiscal year, the Commodity Credit Corporation
shall not expend more than $5,000,000 for site investigation and
cleanup expenses, and operations and maintenance expenses to
comply with the requirement of section 107(g) of the Comprehensive
Environmental Response, Compensation, and Liability Act (42
U.S.C. 9607(g)), and section 6001 of the Resource Conservation
and Recovery Act (42 U.S.C. 6961).
TITLE II
CONSERVATION PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR NATURAL RESOURCES
ENVIRONMENT
AND
For necessary expenses of the Office of the Under Secretary
for Natural Resources and Environment, $901,000.
NATURAL RESOURCES CONSERVATION SERVICE
CONSERVATION OPERATIONS
For necessary expenses for carrying out the provisions of the
Act of April 27, 1935 (16 U.S.C. 590a–f), including preparation
of conservation plans and establishment of measures to conserve
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PUBLIC LAW 115–31—MAY 5, 2017
soil and water (including farm irrigation and land drainage and
such special measures for soil and water management as may
be necessary to prevent floods and the siltation of reservoirs and
to control agricultural related pollutants); operation of conservation
plant materials centers; classification and mapping of soil; dissemination of information; acquisition of lands, water, and interests
therein for use in the plant materials program by donation,
exchange, or purchase at a nominal cost not to exceed $100 pursuant
to the Act of August 3, 1956 (7 U.S.C. 428a); purchase and erection
or alteration or improvement of permanent and temporary
buildings; and operation and maintenance of aircraft, $864,474,000,
to remain available until September 30, 2018: Provided, That appropriations hereunder shall be available pursuant to 7 U.S.C. 2250
for construction and improvement of buildings and public improvements at plant materials centers, except that the cost of alterations
and improvements to other buildings and other public improvements
shall not exceed $250,000: Provided further, That when buildings
or other structures are erected on non-Federal land, that the right
to use such land is obtained as provided in 7 U.S.C. 2250a: Provided
further, That of the amounts made available under this heading,
$5,600,000, shall remain available until expended for the authorities
under 16 U.S.C. 1001–1005 and 1007–1009 for authorized ongoing
watershed projects with a primary purpose of providing water to
rural communities.
WATERSHED AND FLOOD PREVENTION OPERATIONS
For necessary expenses to carry out preventive measures,
including but not limited to surveys and investigations, engineering
operations, works of improvement, and changes in use of land,
in accordance with the Watershed Protection and Flood Prevention
Act (16 U.S.C. 1001–1005 and 1007–1009) and in accordance with
the provisions of laws relating to the activities of the Department,
$150,000,000, to remain available until expended: Provided, That
of the amounts made available under this heading, $50,000,000
shall be allocated to projects and activities that can commence
promptly following enactment; that address regional priorities for
flood prevention, agricultural water management, inefficient irrigation systems, fish and wildlife habitat, or watershed protection;
or that address authorized ongoing projects under the authorities
of section 13 of the Flood Control Act of December 22, 1944 (Public
Law 78–534) with a primary purpose of watershed protection by
preventing floodwater damage and stabilizing stream channels,
tributaries, and banks to reduce erosion and sediment transport.
WATERSHED REHABILITATION PROGRAM
Under the authorities of section 14 of the Watershed Protection
and Flood Prevention Act, $12,000,000 is provided.
TITLE III
RURAL DEVELOPMENT PROGRAMS
OFFICE
OF THE
UNDER SECRETARY
FOR
RURAL DEVELOPMENT
For necessary expenses of the Office of the Under Secretary
for Rural Development, $896,000.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 151
RURAL DEVELOPMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for carrying out the administration
and implementation of programs in the Rural Development mission
area, including activities with institutions concerning the development and operation of agricultural cooperatives; and for cooperative
agreements; $225,835,000: Provided, That notwithstanding any
other provision of law, funds appropriated under this heading may
be used for advertising and promotional activities that support
the Rural Development mission area: Provided further, That any
balances available from prior years for the Rural Utilities Service,
Rural Housing Service, and the Rural Business—Cooperative
Service salaries and expenses accounts shall be transferred to and
merged with this appropriation.
RURAL HOUSING SERVICE
RURAL HOUSING INSURANCE FUND PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For gross obligations for the principal amount of direct and
guaranteed loans as authorized by title V of the Housing Act of
1949, to be available from funds in the rural housing insurance
fund, as follows: $1,000,000,000 shall be for direct loans and
$24,000,000,000 shall be for unsubsidized guaranteed loans;
$26,278,000 for section 504 housing repair loans; $35,000,000 for
section 515 rental housing; $230,000,000 for section 538 guaranteed
multi-family housing loans; $10,000,000 for credit sales of single
family housing acquired property; $5,000,000 for section 523 selfhelp housing land development loans; and $5,000,000 for section
524 site development loans.
For the cost of direct and guaranteed loans, including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, as follows: section 502 loans, $67,700,000
shall be for direct loans; section 504 housing repair loans,
$3,663,000; section 523 self-help housing land development loans,
$417,000; section 524 site development loans, $111,000; and repair,
rehabilitation, and new construction of section 515 rental housing,
$10,360,000: Provided, That to support the loan program level for
section 538 guaranteed loans made available under this heading
the Secretary may charge or adjust any fees to cover the projected
cost of such loan guarantees pursuant to the provisions of the
Credit Reform Act of 1990 (2 U.S.C. 661 et seq.), and the interest
on such loans may not be subsidized: Provided further, That
applicants in communities that have a current rural area waiver
under section 541 of the Housing Act of 1949 (42 U.S.C. 1490q)
shall be treated as living in a rural area for purposes of section
502 guaranteed loans provided under this heading: Provided further,
That of the amounts available under this paragraph for section
502 direct loans, no less than $5,000,000 shall be available for
direct loans for individuals whose homes will be built pursuant
to a program funded with a mutual and self-help housing grant
authorized by section 523 of the Housing Act of 1949 until June
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131 STAT. 152
Incentives.
Nonprofit
organizations.
Determination.
PUBLIC LAW 115–31—MAY 5, 2017
1, 2017: Provided further, That the Secretary shall implement provisions to provide incentives to nonprofit organizations and public
housing authorities to facilitate the acquisition of Rural Housing
Service (RHS) multifamily housing properties by such nonprofit
organizations and public housing authorities that commit to keep
such properties in the RHS multifamily housing program for a
period of time as determined by the Secretary, with such incentives
to include, but not be limited to, the following: allow such nonprofit
entities and public housing authorities to earn a Return on Investment (ROI) on their own resources to include proceeds from low
income housing tax credit syndication, own contributions, grants,
and developer loans at favorable rates and terms, invested in a
deal; and allow reimbursement of organizational costs associated
with owner’s oversight of asset referred to as ‘‘Asset Management
Fee’’ (AMF) of up to $7,500 per property.
In addition, for the cost of direct loans, grants, and contracts,
as authorized by 42 U.S.C. 1484 and 1486, $15,387,000, to remain
available until expended, for direct farm labor housing loans and
domestic farm labor housing grants and contracts: Provided, That
any balances available for the Farm Labor Program Account shall
be transferred to and merged with this account.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $412,254,000 shall
be transferred to and merged with the appropriation for ‘‘Rural
Development, Salaries and Expenses’’.
Contracts.
Time period.
Time period.
Applicability.
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RENTAL ASSISTANCE PROGRAM
For rental assistance agreements entered into or renewed
pursuant to the authority under section 521(a)(2) or agreements
entered into in lieu of debt forgiveness or payments for eligible
households as authorized by section 502(c)(5)(D) of the Housing
Act of 1949, $1,405,033,000, of which $40,000,000 shall be available
until September 30, 2018; and in addition such sums as may be
necessary, as authorized by section 521(c) of the Act, to liquidate
debt incurred prior to fiscal year 1992 to carry out the rental
assistance program under section 521(a)(2) of the Act: Provided,
That rental assistance agreements entered into or renewed during
the current fiscal year shall be funded for a one-year period: Provided further, That any unexpended balances remaining at the
end of such one-year agreements may be transferred and used
for purposes of any debt reduction; maintenance, repair, or
rehabilitation of any existing projects; preservation; and rental
assistance activities authorized under title V of the Act: Provided
further, That rental assistance provided under agreements entered
into prior to fiscal year 2017 for a farm labor multi-family housing
project financed under section 514 or 516 of the Act may not
be recaptured for use in another project until such assistance has
remained unused for a period of 12 consecutive months, if such
project has a waiting list of tenants seeking such assistance or
the project has rental assistance eligible tenants who are not
receiving such assistance: Provided further, That such recaptured
rental assistance shall, to the extent practicable, be applied to
another farm labor multi-family housing project financed under
section 514 or 516 of the Act: Provided further, That except as
provided in the third proviso under this heading and notwithstanding any other provision of the Act, the Secretary may recapture
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rental assistance provided under agreements entered into prior
to fiscal year 2017 for a project that the Secretary determines
no longer needs rental assistance and use such recaptured funds
for current needs.
MULTI-FAMILY HOUSING REVITALIZATION PROGRAM ACCOUNT
Vouchers.
For the rural housing voucher program as authorized under
section 542 of the Housing Act of 1949, but notwithstanding subsection (b) of such section, and for additional costs to conduct
a demonstration program for the preservation and revitalization
of multi-family rental housing properties described in this paragraph, $41,400,000, to remain available until expended: Provided,
That of the funds made available under this heading, $19,400,000,
shall be available for rural housing vouchers to any low-income
household (including those not receiving rental assistance) residing
in a property financed with a section 515 loan which has been
prepaid after September 30, 2005: Provided further, That the
amount of such voucher shall be the difference between comparable
market rent for the section 515 unit and the tenant paid rent
for such unit: Provided further, That funds made available for
such vouchers shall be subject to the availability of annual appropriations: Provided further, That the Secretary shall, to the maximum extent practicable, administer such vouchers with current
regulations and administrative guidance applicable to section 8
housing vouchers administered by the Secretary of the Department
of Housing and Urban Development: Provided further, That if the
Secretary determines that the amount made available for vouchers
in this or any other Act is not needed for vouchers, the Secretary
may use such funds for the demonstration program for the preservation and revitalization of multi-family rental housing properties
described in this paragraph: Provided further, That of the funds
made available under this heading, $22,000,000 shall be available
for a demonstration program for the preservation and revitalization
of the sections 514, 515, and 516 multi-family rental housing properties to restructure existing USDA multi-family housing loans,
as the Secretary deems appropriate, expressly for the purposes
of ensuring the project has sufficient resources to preserve the
project for the purpose of providing safe and affordable housing
for low-income residents and farm laborers including reducing or
eliminating interest; deferring loan payments, subordinating,
reducing or reamortizing loan debt; and other financial assistance
including advances, payments and incentives (including the ability
of owners to obtain reasonable returns on investment) required
by the Secretary: Provided further, That the Secretary shall as
part of the preservation and revitalization agreement obtain a
restrictive use agreement consistent with the terms of the restructuring: Provided further, That if the Secretary determines that
additional funds for vouchers described in this paragraph are
needed, funds for the preservation and revitalization demonstration
program may be used for such vouchers: Provided further, That
if Congress enacts legislation to permanently authorize a multifamily rental housing loan restructuring program similar to the
demonstration program described herein, the Secretary may use
funds made available for the demonstration program under this
heading to carry out such legislation with the prior approval of
the Committees on Appropriations of both Houses of Congress:
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Determination.
Determination.
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PUBLIC LAW 115–31—MAY 5, 2017
Provided further, That in addition to any other available funds,
the Secretary may expend not more than $1,000,000 total, from
the program funds made available under this heading, for administrative expenses for activities funded under this heading.
MUTUAL AND SELF-HELP HOUSING GRANTS
For grants and contracts pursuant to section 523(b)(1)(A) of
the Housing Act of 1949 (42 U.S.C. 1490c), $30,000,000, to remain
available until expended.
RURAL HOUSING ASSISTANCE GRANTS
For grants for very low-income housing repair and rural housing
preservation made by the Rural Housing Service, as authorized
by 42 U.S.C. 1474, and 1490m, $33,701,000, to remain available
until expended.
RURAL COMMUNITY FACILITIES PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Grants.
Grants.
Native
Americans.
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For gross obligations for the principal amount of direct and
guaranteed loans as authorized by section 306 and described in
section 381E(d)(1) of the Consolidated Farm and Rural Development
Act, $2,600,000,000 for direct loans and $148,305,000 for guaranteed
loans.
For the cost of guaranteed loans, including the cost of modifying
loans, as defined in section 502 of the Congressional Budget Act
of 1974, $3,322,000, to remain available until expended.
For the cost of grants for rural community facilities programs
as authorized by section 306 and described in section 381E(d)(1)
of the Consolidated Farm and Rural Development Act, $43,778,000,
to remain available until expended: Provided, That $4,000,000 of
the amount appropriated under this heading shall be available
for a Rural Community Development Initiative: Provided further,
That such funds shall be used solely to develop the capacity and
ability of private, nonprofit community-based housing and community development organizations, low-income rural communities, and
Federally Recognized Native American Tribes to undertake projects
to improve housing, community facilities, community and economic
development projects in rural areas: Provided further, That such
funds shall be made available to qualified private, nonprofit and
public intermediary organizations proposing to carry out a program
of financial and technical assistance: Provided further, That such
intermediary organizations shall provide matching funds from other
sources, including Federal funds for related activities, in an amount
not less than funds provided: Provided further, That $5,778,000
of the amount appropriated under this heading shall be to provide
grants for facilities in rural communities with extreme unemployment and severe economic depression (Public Law 106–387), with
up to 5 percent for administration and capacity building in the
State rural development offices: Provided further, That $4,000,000
of the amount appropriated under this heading shall be available
for community facilities grants to tribal colleges, as authorized
by section 306(a)(19) of such Act: Provided further, That sections
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381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to the funds made available under
this heading.
RURAL BUSINESS—COOPERATIVE SERVICE
RURAL BUSINESS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For the cost of loan guarantees and grants, for the rural business development programs authorized by section 310B and
described in subsections (a), (c), (f) and (g) of section 310B of
the Consolidated Farm and Rural Development Act, $65,319,000,
to remain available until expended: Provided, That of the amount
appropriated under this heading, not to exceed $500,000 shall be
made available for one grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development and $6,000,000 shall be for grants
to the Delta Regional Authority (7 U.S.C. 2009aa et seq.) and
the Appalachian Regional Commission (40 U.S.C. 14101 et seq.)
for any Rural Community Advancement Program purpose as
described in section 381E(d) of the Consolidated Farm and Rural
Development Act, of which not more than 5 percent may be used
for administrative expenses: Provided further, That $4,000,000 of
the amount appropriated under this heading shall be for business
grants to benefit Federally Recognized Native American Tribes,
including $250,000 for a grant to a qualified national organization
to provide technical assistance for rural transportation in order
to promote economic development: Provided further, That sections
381E–H and 381N of the Consolidated Farm and Rural Development Act are not applicable to funds made available under this
heading.
Grants.
Grants.
Native
Americans.
INTERMEDIARY RELENDING PROGRAM FUND ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the principal amount of direct loans, as authorized by
the Intermediary Relending Program Fund Account (7 U.S.C.
1936b), $18,889,000.
For the cost of direct loans, $5,476,000, as authorized by the
Intermediary Relending Program Fund Account (7 U.S.C. 1936b),
of which $557,000 shall be available through June 30, 2017, for
Federally Recognized Native American Tribes; and of which
$1,072,000 shall be available through June 30, 2017, for Mississippi
Delta Region counties (as determined in accordance with Public
Law 100–460): Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974.
In addition, for administrative expenses to carry out the direct
loan programs, $4,468,000 shall be transferred to and merged with
the appropriation for ‘‘Rural Development, Salaries and Expenses’’.
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131 STAT. 156
PUBLIC LAW 115–31—MAY 5, 2017
RURAL ECONOMIC DEVELOPMENT LOANS PROGRAM ACCOUNT
(INCLUDING RESCISSION OF FUNDS)
For the principal amount of direct loans, as authorized under
section 313 of the Rural Electrification Act, for the purpose of
promoting rural economic development and job creation projects,
$42,213,000.
Of the funds derived from interest on the cushion of credit
payments, as authorized by section 313 of the Rural Electrification
Act of 1936, $132,000,000 shall not be obligated and $132,000,000
are rescinded.
The cost of grants authorized under section 313 of the Rural
Electrification Act, for the purpose of promoting rural economic
development and job creation projects shall not exceed $10,000,000.
RURAL COOPERATIVE DEVELOPMENT GRANTS
For rural cooperative development grants authorized under
section 310B(e) of the Consolidated Farm and Rural Development
Act (7 U.S.C. 1932), $26,550,000, of which $2,750,000 shall be
for cooperative agreements for the appropriate technology transfer
for rural areas program: Provided, That not to exceed $3,000,000
shall be for grants for cooperative development centers, individual
cooperatives, or groups of cooperatives that serve socially disadvantaged groups and a majority of the boards of directors or governing
boards of which are comprised of individuals who are members
of socially disadvantaged groups; and of which $15,000,000, to
remain available until expended, shall be for value-added agricultural product market development grants, as authorized by section
231 of the Agricultural Risk Protection Act of 2000 (7 U.S.C. 1632a).
RURAL ENERGY FOR AMERICA PROGRAM
For the cost of a program of loan guarantees, under the same
terms and conditions as authorized by section 9007 of the Farm
Security and Rural Investment Act of 2002 (7 U.S.C. 8107),
$352,000: Provided, That the cost of loan guarantees, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974.
RURAL UTILITIES SERVICE
RURAL WATER AND WASTE DISPOSAL PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
Grants.
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For the cost of direct loans, loan guarantees, and grants for
the rural water, waste water, waste disposal, and solid waste
management programs authorized by sections 306, 306A, 306C,
306D, 306E, and 310B and described in sections 306C(a)(2), 306D,
306E, and 381E(d)(2) of the Consolidated Farm and Rural Development Act, $571,190,000, to remain available until expended, of
which not to exceed $1,000,000 shall be available for the rural
utilities program described in section 306(a)(2)(B) of such Act, and
of which not to exceed $993,000 shall be available for the rural
utilities program described in section 306E of such Act: Provided,
That not to exceed $10,000,000 of the amount appropriated under
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 157
this heading shall be for grants authorized by section 306A(i)(2)
of the Consolidated Farm and Rural Development Act in addition
to funding authorized by section 306A(i)(1) of such Act: Provided
further, That $64,000,000 of the amount appropriated under this
heading shall be for loans and grants including water and waste
disposal systems grants authorized by section 306C(a)(2)(B) and
section 306D of the Consolidated Farm and Rural Development
Act, and Federally Recognized Native American Tribes authorized
by 306C(a)(1) of such Act: Provided further, That funding provided
for section 306D of the Consolidated Farm and Rural Development
Act may be provided to a consortium formed pursuant to section
325 of Public Law 105–83: Provided further, That not more than
2 percent of the funding provided for section 306D of the Consolidated Farm and Rural Development Act may be used by the State
of Alaska for training and technical assistance programs and not
more than 2 percent of the funding provided for section 306D
of the Consolidated Farm and Rural Development Act may be
used by a consortium formed pursuant to section 325 of Public
Law 105–83 for training and technical assistance programs: Provided further, That not to exceed $20,000,000 of the amount appropriated under this heading shall be for technical assistance grants
for rural water and waste systems pursuant to section 306(a)(14)
of such Act, unless the Secretary makes a determination of extreme
need, of which $6,500,000 shall be made available for a grant
to a qualified nonprofit multi-State regional technical assistance
organization, with experience in working with small communities
on water and waste water problems, the principal purpose of such
grant shall be to assist rural communities with populations of
3,300 or less, in improving the planning, financing, development,
operation, and management of water and waste water systems,
and of which not less than $800,000 shall be for a qualified national
Native American organization to provide technical assistance for
rural water systems for tribal communities: Provided further, That
not to exceed $16,897,000 of the amount appropriated under this
heading shall be for contracting with qualified national organizations for a circuit rider program to provide technical assistance
for rural water systems: Provided further, That not to exceed
$4,000,000 shall be for solid waste management grants: Provided
further, That $10,000,000 of the amount appropriated under this
heading shall be transferred to, and merged with, the Rural Utilities
Service, High Energy Cost Grants Account to provide grants authorized under section 19 of the Rural Electrification Act of 1936 (7
U.S.C. 918a): Provided further, That any prior year balances for
high-energy cost grants authorized by section 19 of the Rural Electrification Act of 1936 (7 U.S.C. 918a) shall be transferred to and
merged with the Rural Utilities Service, High Energy Cost Grants
Account: Provided further, That sections 381E–H and 381N of the
Consolidated Farm and Rural Development Act are not applicable
to the funds made available under this heading.
Loans.
Grants.
Grants.
Determination.
Contracts.
RURAL ELECTRIFICATION AND TELECOMMUNICATIONS LOANS PROGRAM
ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
The principal amount of direct and guaranteed loans as authorized by sections 305 and 306 of the Rural Electrification Act of
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131 STAT. 158
PUBLIC LAW 115–31—MAY 5, 2017
1936 (7 U.S.C. 935 and 936) shall be made as follows: loans made
pursuant to section 306 of that Act, rural electric, $5,500,000,000;
guaranteed underwriting loans pursuant to section 313A,
$750,000,000; 5 percent rural telecommunications loans, cost of
money rural telecommunications loans, and for loans made pursuant
to section 306 of that Act, rural telecommunications loans,
$690,000,000: Provided, That up to $2,000,000,000 shall be used
for the construction, acquisition, or improvement of fossil-fueled
electric generating plants (whether new or existing) that utilize
carbon sequestration systems.
For the cost of direct loans as authorized by section 305 of
the Rural Electrification Act of 1936 (7 U.S.C. 935), including the
cost of modifying loans, as defined in section 502 of the Congressional Budget Act of 1974, cost of money rural telecommunications
loans, $3,071,000.
In addition, for administrative expenses necessary to carry
out the direct and guaranteed loan programs, $33,270,000, which
shall be transferred to and merged with the appropriation for
‘‘Rural Development, Salaries and Expenses’’.
DISTANCE LEARNING, TELEMEDICINE, AND BROADBAND PROGRAM
For the principal amount of broadband telecommunication
loans, $27,043,000.
For grants for telemedicine and distance learning services in
rural areas, as authorized by 7 U.S.C. 950aaa et seq., $26,600,000,
to remain available until expended: Provided, That $3,000,000 shall
be made available for grants authorized by 379G of the Consolidated
Farm and Rural Development Act: Provided further, That funding
provided under this heading for grants under 379G of the Consolidated Farm and Rural Development Act may only be provided
to entities that meet all of the eligibility criteria for a consortium
as established by this section.
For the cost of broadband loans, as authorized by section 601
of the Rural Electrification Act, $4,500,000, to remain available
until expended: Provided, That the cost of direct loans shall be
as defined in section 502 of the Congressional Budget Act of 1974.
In addition, $34,500,000, to remain available until expended,
for a grant program to finance broadband transmission in rural
areas eligible for Distance Learning and Telemedicine Program
benefits authorized by 7 U.S.C. 950aaa.
TITLE IV
DOMESTIC FOOD PROGRAMS
OFFICE
OF THE
UNDER SECRETARY FOR FOOD, NUTRITION,
CONSUMER SERVICES
AND
For necessary expenses of the Office of the Under Secretary
for Food, Nutrition, and Consumer Services, $814,000.
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PUBLIC LAW 115–31—MAY 5, 2017
FOOD
AND
131 STAT. 159
NUTRITION SERVICE
CHILD NUTRITION PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.), except section
21, and the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.),
except sections 17 and 21; $22,793,982,000 to remain available
through September 30, 2018, of which such sums as are made
available under section 14222(b)(1) of the Food, Conservation, and
Energy Act of 2008 (Public Law 110–246), as amended by this
Act, shall be merged with and available for the same time period
and purposes as provided herein: Provided, That of the total amount
available, $17,004,000 shall be available to carry out section 19
of the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.): Provided
further, That of the total amount available, $25,000,000 shall be
available to provide competitive grants to State agencies for subgrants to local educational agencies and schools to purchase the
equipment needed to serve healthier meals, improve food safety,
and to help support the establishment, maintenance, or expansion
of the school breakfast program: Provided further, That of the
total amount available, $23,000,000 shall remain available until
expended to carry out section 749(g) of the Agriculture Appropriations Act of 2010 (Public Law 111–80): Provided further, That
section 26(d) of the Richard B. Russell National School Lunch
Act (42 U.S.C. 1769g(d)) is amended in the first sentence by striking
‘‘2010 through 2016’’ and inserting ‘‘2010 through 2017’’: Provided
further, That section 9(h)(3) of the Richard B. Russell National
School Lunch Act (42 U.S.C. 1758(h)(3)) is amended in the first
sentence by striking ‘‘for each of fiscal years 2011 through 2015’’
and inserting ‘‘for fiscal year 2017’’: Provided further, That section
9(h)(4) of the Richard B. Russell National School Lunch Act (42
U.S.C. 1758(h)(4)) is amended in the first sentence by striking
‘‘for each of fiscal years 2011 through 2015’’ and inserting ‘‘for
fiscal year 2017’’.
Grants.
SPECIAL SUPPLEMENTAL NUTRITION PROGRAM FOR WOMEN, INFANTS,
AND CHILDREN (WIC)
For necessary expenses to carry out the special supplemental
nutrition program as authorized by section 17 of the Child Nutrition
Act of 1966 (42 U.S.C. 1786), $6,350,000,000, to remain available
through September 30, 2018: Provided, That notwithstanding section 17(h)(10) of the Child Nutrition Act of 1966 (42 U.S.C.
1786(h)(10)), not less than $60,000,000 shall be used for
breastfeeding peer counselors and other related activities, and
$13,600,000 shall be used for infrastructure: Provided further, That
none of the funds provided in this account shall be available for
the purchase of infant formula except in accordance with the cost
containment and competitive bidding requirements specified in section 17 of such Act: Provided further, That none of the funds
provided shall be available for activities that are not fully
reimbursed by other Federal Government departments or agencies
unless authorized by section 17 of such Act: Provided further, That
upon termination of a federally mandated vendor moratorium and
subject to terms and conditions established by the Secretary, the
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131 STAT. 160
PUBLIC LAW 115–31—MAY 5, 2017
Secretary may waive the requirement at 7 CFR 246.12(g)(6) at
the request of a State agency.
SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM
Workfare.
For necessary expenses to carry out the Food and Nutrition
Act of 2008 (7 U.S.C. 2011 et seq.), $78,480,694,000, of which
$3,000,000,000, to remain available through December 31, 2018,
shall be placed in reserve for use only in such amounts and at
such times as may become necessary to carry out program operations: Provided, That funds provided herein shall be expended
in accordance with section 16 of the Food and Nutrition Act of
2008: Provided further, That of the funds made available under
this heading, $998,000 may be used to provide nutrition education
services to State agencies and Federally Recognized Tribes participating in the Food Distribution Program on Indian Reservations:
Provided further, That this appropriation shall be subject to any
work registration or workfare requirements as may be required
by law: Provided further, That funds made available for Employment and Training under this heading shall remain available
through September 30, 2018: Provided further, That funds made
available under this heading for section 28(d)(1), section 4(b), and
section 27(a) of the Food and Nutrition Act of 2008 shall remain
available through September 30, 2018: Provided further, That none
of the funds made available under this heading may be obligated
or expended in contravention of section 213A of the Immigration
and Nationality Act (8 U.S.C. 1183A): Provided further, That funds
made available under this heading may be used to enter into
contracts and employ staff to conduct studies, evaluations, or to
conduct activities related to program integrity provided that such
activities are authorized by the Food and Nutrition Act of 2008.
COMMODITY ASSISTANCE PROGRAM
For necessary expenses to carry out disaster assistance and
the Commodity Supplemental Food Program as authorized by section 4(a) of the Agriculture and Consumer Protection Act of 1973
(7 U.S.C. 612c note); the Emergency Food Assistance Act of 1983;
special assistance for the nuclear affected islands, as authorized
by section 103(f)(2) of the Compact of Free Association Amendments
Act of 2003 (Public Law 108–188); and the Farmers’ Market Nutrition Program, as authorized by section 17(m) of the Child Nutrition
Act of 1966, $315,139,000, to remain available through September
30, 2018: Provided, That none of these funds shall be available
to reimburse the Commodity Credit Corporation for commodities
donated to the program: Provided further, That notwithstanding
any other provision of law, effective with funds made available
in fiscal year 2017 to support the Seniors Farmers’ Market Nutrition
Program, as authorized by section 4402 of the Farm Security and
Rural Investment Act of 2002, such funds shall remain available
through September 30, 2018: Provided further, That of the funds
made available under section 27(a) of the Food and Nutrition Act
of 2008 (7 U.S.C. 2036(a)), the Secretary may use up to 10 percent
for costs associated with the distribution of commodities.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 161
NUTRITION PROGRAMS ADMINISTRATION
For necessary administrative expenses of the Food and Nutrition Service for carrying out any domestic nutrition assistance
program, $170,716,000: Provided, That of the funds provided herein,
$17,700,000 shall be available until expended for relocation
expenses and for the alteration and repair of buildings and improvements pursuant to 7 U.S.C. 2250: Provided further, That of the
funds provided herein, $2,000,000 shall be used for the purposes
of section 4404 of Public Law 107–171, as amended by section
4401 of Public Law 110–246: Provided further, That of the funds
provided herein, $1,000,000 shall be used to contract for an independent study to identify the best means of consolidating and
coordinating reporting requirements under Child Nutrition Programs to eliminate redundancy, increase efficiency, and reduce the
reporting burden on school food authorities and State agencies.
Contracts.
Study.
TITLE V
FOREIGN ASSISTANCE AND RELATED PROGRAMS
FOREIGN AGRICULTURAL SERVICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Foreign Agricultural Service,
including not to exceed $250,000 for representation allowances and
for expenses pursuant to section 8 of the Act approved August
3, 1956 (7 U.S.C. 1766), $196,571,000: Provided, That the Service
may utilize advances of funds, or reimburse this appropriation
for expenditures made on behalf of Federal agencies, public and
private organizations and institutions under agreements executed
pursuant to the agricultural food production assistance programs
(7 U.S.C. 1737) and the foreign assistance programs of the United
States Agency for International Development: Provided further,
That funds made available for middle-income country training programs, funds made available for the Borlaug International Agricultural Science and Technology Fellowship program, and up to
$2,000,000 of the Foreign Agricultural Service appropriation solely
for the purpose of offsetting fluctuations in international currency
exchange rates, subject to documentation by the Foreign Agricultural Service, shall remain available until expended.
FOOD FOR PEACE TITLE I DIRECT CREDIT AND FOOD FOR PROGRESS
PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the credit program
of title I, Food for Peace Act (Public Law 83–480) and the Food
for Progress Act of 1985, $149,000, shall be transferred to and
merged with the appropriation for ‘‘Farm Service Agency, Salaries
and Expenses’’.
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131 STAT. 162
PUBLIC LAW 115–31—MAY 5, 2017
FOOD FOR PEACE TITLE II GRANTS
Notification.
Web posting.
Deadline.
For expenses during the current fiscal year, not otherwise
recoverable, and unrecovered prior years’ costs, including interest
thereon, under the Food for Peace Act (Public Law 83–480), for
commodities supplied in connection with dispositions abroad under
title II of said Act, $1,466,000,000, to remain available until
expended: Provided, That the Administrator of the United States
Agency for International Development shall in each instance notify
in writing the Committees on Appropriations of both Houses of
Congress, the Committee on Agriculture of the House, and the
Committee on Agriculture, Nutrition, and Forestry of the Senate
and make publicly available online the amount and use of authority
in section 202(a) of the Food for Peace Act (7 U.S.C. 1722(a))
to notwithstand the minimum level of nonemergency assistance
required by section 412(e)(2) of the Food for Peace Act (7 U.S.C.
1736f(e)(2)) not later than 15 days after the date of such action.
MCGOVERN-DOLE INTERNATIONAL FOOD FOR EDUCATION AND CHILD
NUTRITION PROGRAM GRANTS
For necessary expenses to carry out the provisions of section
3107 of the Farm Security and Rural Investment Act of 2002
(7 U.S.C. 1736o–1), $201,626,000, to remain available until
expended: Provided, That the Commodity Credit Corporation is
authorized to provide the services, facilities, and authorities for
the purpose of implementing such section, subject to reimbursement
from amounts provided herein: Provided further, That of the amount
made available under this heading, $5,000,000, shall remain available until expended for necessary expenses to carry out the provisions of section 3207 of the Agricultural Act of 2014 (7 U.S.C.
1726c).
COMMODITY CREDIT CORPORATION EXPORT (LOANS) CREDIT
GUARANTEE PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the Commodity Credit
Corporation’s Export Guarantee Program, GSM 102 and GSM 103,
$8,537,000; to cover common overhead expenses as permitted by
section 11 of the Commodity Credit Corporation Charter Act and
in conformity with the Federal Credit Reform Act of 1990, of which
$6,074,000 shall be transferred to and merged with the appropriation for ‘‘Foreign Agricultural Service, Salaries and Expenses’’, and
of which $2,463,000 shall be transferred to and merged with the
appropriation for ‘‘Farm Service Agency, Salaries and Expenses’’.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 163
TITLE VI
RELATED AGENCY AND FOOD AND DRUG ADMINISTRATION
DEPARTMENT
OF
HEALTH
AND
HUMAN SERVICES
FOOD AND DRUG ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Food and Drug Administration,
including hire and purchase of passenger motor vehicles; for payment of space rental and related costs pursuant to Public Law
92–313 for programs and activities of the Food and Drug Administration which are included in this Act; for rental of special purpose
space in the District of Columbia or elsewhere; for miscellaneous
and emergency expenses of enforcement activities, authorized and
approved by the Secretary and to be accounted for solely on the
Secretary’s certificate, not to exceed $25,000; and notwithstanding
section 521 of Public Law 107–188; $4,655,089,000: Provided, That
of the amount provided under this heading, $754,524,000 shall
be derived from prescription drug user fees authorized by 21 U.S.C.
379h, and shall be credited to this account and remain available
until expended; $126,083,000 shall be derived from medical device
user fees authorized by 21 U.S.C. 379j, and shall be credited to
this account and remain available until expended; $323,011,000
shall be derived from human generic drug user fees authorized
by 21 U.S.C. 379j–42, and shall be credited to this account and
remain available until expended; $22,079,000 shall be derived from
biosimilar biological product user fees authorized by 21 U.S.C.
379j–52, and shall be credited to this account and remain available
until expended; $23,673,000 shall be derived from animal drug
user fees authorized by 21 U.S.C. 379j–12, and shall be credited
to this account and remain available until expended; $11,341,000
shall be derived from animal generic drug user fees authorized
by 21 U.S.C. 379j–21, and shall be credited to this account and
remain available until expended; $635,000,000 shall be derived
from tobacco product user fees authorized by 21 U.S.C. 387s, and
shall be credited to this account and remain available until
expended: Provided further, That in addition to and notwithstanding
any other provision under this heading, amounts collected for
prescription drug user fees, medical device user fees, human generic
drug user fees, biosimilar biological product user fees, animal drug
user fees, and animal generic drug user fees that exceed the respective fiscal year 2017 limitations are appropriated and shall be
credited to this account and remain available until expended: Provided further, That fees derived from prescription drug, medical
device, human generic drug, biosimilar biological product, animal
drug, and animal generic drug assessments for fiscal year 2017,
including any such fees collected prior to fiscal year 2017 but
credited for fiscal year 2017, shall be subject to the fiscal year
2017 limitations: Provided further, That the Secretary may accept
payment during fiscal year 2017 of user fees specified under this
heading and authorized for fiscal year 2018, prior to the due date
for such fees, and that amounts of such fees assessed for fiscal
year 2018 for which the Secretary accepts payment in fiscal year
2017 shall not be included in amounts under this heading: Provided
further, That none of these funds shall be used to develop, establish,
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131 STAT. 164
Coordination.
Transfer
approval.
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or operate any program of user fees authorized by 31 U.S.C. 9701:
Provided further, That of the total amount appropriated: (1)
$1,025,503,000 shall be for the Center for Food Safety and Applied
Nutrition and related field activities in the Office of Regulatory
Affairs; (2) $1,329,328,000 shall be for the Center for Drug Evaluation and Research and related field activities in the Office of Regulatory Affairs; (3) $339,618,000 shall be for the Center for Biologics
Evaluation and Research and for related field activities in the
Office of Regulatory Affairs; (4) $194,252,000 shall be for the Center
for Veterinary Medicine and for related field activities in the Office
of Regulatory Affairs; (5) $427,928,000 shall be for the Center
for Devices and Radiological Health and for related field activities
in the Office of Regulatory Affairs; (6) $63,331,000 shall be for
the National Center for Toxicological Research; (7) $596,338,000
shall be for the Center for Tobacco Products and for related field
activities in the Office of Regulatory Affairs; (8) not to exceed
$163,507,000 shall be for Rent and Related activities, of which
$46,856,000 is for White Oak Consolidation, other than the amounts
paid to the General Services Administration for rent; (9) not to
exceed $231,293,000 shall be for payments to the General Services
Administration for rent; and (10) $283,991,000 shall be for other
activities, including the Office of the Commissioner of Food and
Drugs, the Office of Foods and Veterinary Medicine, the Office
of Medical and Tobacco Products, the Office of Global and Regulatory Policy, the Office of Operations, the Office of the Chief
Scientist, and central services for these offices: Provided further,
That not to exceed $25,000 of this amount shall be for official
reception and representation expenses, not otherwise provided for,
as determined by the Commissioner: Provided further, That any
transfer of funds pursuant to section 770(n) of the Federal Food,
Drug, and Cosmetic Act (21 U.S.C. 379dd(n)) shall only be from
amounts made available under this heading for other activities:
Provided further, That of the amounts that are made available
under this heading for ‘‘other activities’’, and that are not derived
from user fees, $1,500,000 shall be transferred to and merged
with the appropriation for ‘‘Department of Health and Human
Services—Office of Inspector General’’ for oversight of the programs
and operations of the Food and Drug Administration and shall
be in addition to funds otherwise made available for oversight
of the Food and Drug Administration: Provided further, That of
the total amount made available under this heading, $3,000,000
shall be used by the Commissioner of Food and Drugs, in coordination with the Secretary of Agriculture, for consumer outreach and
education regarding agricultural biotechnology and biotechnologyderived food products and animal feed, including through publication and distribution of science-based educational information on
the environmental, nutritional, food safety, economic, and humanitarian impacts of such biotechnology, food products, and feed: Provided further, That funds may be transferred from one specified
activity to another with the prior approval of the Committees on
Appropriations of both Houses of Congress.
In addition, mammography user fees authorized by 42 U.S.C.
263b, export certification user fees authorized by 21 U.S.C. 381,
priority review user fees authorized by 21 U.S.C. 360n and 360ff,
food and feed recall fees, food reinspection fees, and voluntary
qualified importer program fees authorized by 21 U.S.C. 379j–
31, outsourcing facility fees authorized by 21 U.S.C. 379j–62,
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131 STAT. 165
prescription drug wholesale distributor licensing and inspection
fees authorized by 21 U.S.C. 353(e)(3), third-party logistics provider
licensing and inspection fees authorized by 21 U.S.C. 360eee–3(c)(1),
third-party auditor fees authorized by 21 U.S.C. 384d(c)(8), and
medical countermeasure priority review voucher user fees authorized by 21 U.S.C. 360bbb–4a, shall be credited to this account,
to remain available until expended.
BUILDINGS AND FACILITIES
For plans, construction, repair, improvement, extension, alteration, demolition, and purchase of fixed equipment or facilities
of or used by the Food and Drug Administration, where not otherwise provided, $11,788,000, to remain available until expended.
INDEPENDENT AGENCY
FARM CREDIT ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
Not to exceed $68,600,000 (from assessments collected from
farm credit institutions, including the Federal Agricultural Mortgage Corporation) shall be obligated during the current fiscal year
for administrative expenses as authorized under 12 U.S.C. 2249:
Provided, That this limitation shall not apply to expenses associated
with receiverships: Provided further, That the agency may exceed
this limitation by up to 10 percent with notification to the Committees on Appropriations of both Houses of Congress.
Notification.
TITLE VII
GENERAL PROVISIONS
(INCLUDING RESCISSIONS AND TRANSFERS OF FUNDS)
SEC. 701. Within the unit limit of cost fixed by law, appropriations and authorizations made for the Department of Agriculture
for the current fiscal year under this Act shall be available for
the purchase, in addition to those specifically provided for, of not
to exceed 52 passenger motor vehicles of which 52 shall be for
replacement only, and for the hire of such vehicles: Provided, That
notwithstanding this section, the only purchase of new passenger
vehicles shall be for those determined by the Secretary to be necessary for transportation safety, to reduce operational costs, and
for the protection of life, property, and public safety.
SEC. 702. Notwithstanding any other provision of this Act,
the Secretary of Agriculture may transfer unobligated balances
of discretionary funds appropriated by this Act or any other available unobligated discretionary balances that are remaining available of the Department of Agriculture to the Working Capital Fund
for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services of primary benefit to the agencies of the Department of
Agriculture, such transferred funds to remain available until
expended: Provided, That none of the funds made available by
this Act or any other Act shall be transferred to the Working
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Transfer
approval.
PUBL031
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Notification.
Transfer
approval.
Notification.
Transfer
approval.
Notification.
Determination.
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Capital Fund without the prior approval of the agency administrator: Provided further, That none of the funds transferred to
the Working Capital Fund pursuant to this section shall be available
for obligation without written notification to and the prior approval
of the Committees on Appropriations of both Houses of Congress:
Provided further, That none of the funds appropriated by this
Act or made available to the Department’s Working Capital Fund
shall be available for obligation or expenditure to make any changes
to the Department’s National Finance Center without written
notification to and prior approval of the Committees on Appropriations of both Houses of Congress as required by section 717 of
this Act: Provided further, That of annual income amounts in the
Working Capital Fund of the Department of Agriculture allocated
for the National Finance Center, the Secretary may reserve not
more than 4 percent for the replacement or acquisition of capital
equipment, including equipment for the improvement and
implementation of a financial management plan, information technology, and other systems of the National Finance Center or to
pay any unforeseen, extraordinary cost of the National Finance
Center: Provided further, That none of the amounts reserved shall
be available for obligation unless the Secretary submits written
notification of the obligation to the Committees on Appropriations
of both Houses of Congress: Provided further, That in addition
to the funds appropriated or made available in this Act for the
National Finance Center the Secretary shall make available
$8,608,000 from unobligated balances of the Working Capital Fund
and unobligated balances and reserves of the National Finance
Center for travel, information technology, financial management
systems, and related expenses incurred as a result of a February
2017 tornado: Provided further, That the limitations on the obligation of funds pending notification to Congressional Committees
shall not apply to any obligation that, as determined by the Secretary, is necessary to respond to a declared state of emergency
that significantly impacts the operations of the National Finance
Center; or to evacuate employees of the National Finance Center
to a safe haven to continue operations of the National Finance
Center.
SEC. 703. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 704. No funds appropriated by this Act may be used
to pay negotiated indirect cost rates on cooperative agreements
or similar arrangements between the United States Department
of Agriculture and nonprofit institutions in excess of 10 percent
of the total direct cost of the agreement when the purpose of
such cooperative arrangements is to carry out programs of mutual
interest between the two parties. This does not preclude appropriate
payment of indirect costs on grants and contracts with such institutions when such indirect costs are computed on a similar basis
for all agencies for which appropriations are provided in this Act.
SEC. 705. Appropriations to the Department of Agriculture for
the cost of direct and guaranteed loans made available in the
current fiscal year shall remain available until expended to disburse
obligations made in the current fiscal year for the following
accounts: the Rural Development Loan Fund program account, the
Rural Electrification and Telecommunication Loans program
account, and the Rural Housing Insurance Fund program account.
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131 STAT. 167
SEC. 706. None of the funds made available to the Department
of Agriculture by this Act may be used to acquire new information
technology systems or significant upgrades, as determined by the
Office of the Chief Information Officer, without the approval of
the Chief Information Officer and the concurrence of the Executive
Information Technology Investment Review Board: Provided, That
notwithstanding any other provision of law, none of the funds
appropriated or otherwise made available by this Act may be transferred to the Office of the Chief Information Officer without written
notification to and the prior approval of the Committees on Appropriations of both Houses of Congress: Provided further, That, notwithstanding section 11319 of title 40, United States Code, none
of the funds available to the Department of Agriculture for information technology shall be obligated for projects, contracts, or other
agreements over $25,000 prior to receipt of written approval by
the Chief Information Officer: Provided further, That the Chief
Information Officer may authorize an agency to obligate funds
without written approval from the Chief Information Officer for
projects, contracts, or other agreements up to $250,000 based upon
the performance of an agency measured against the performance
plan requirements described in the explanatory statement accompanying Public Law 113–235.
SEC. 707. Funds made available under section 524(b) of the
Federal Crop Insurance Act (7 U.S.C. 1524(b)) in the current fiscal
year shall remain available until expended to disburse obligations
made in the current fiscal year.
SEC. 708. Notwithstanding any other provision of law, any
former RUS borrower that has repaid or prepaid an insured, direct
or guaranteed loan under the Rural Electrification Act of 1936,
or any not-for-profit utility that is eligible to receive an insured
or direct loan under such Act, shall be eligible for assistance under
section 313(b)(2)(B) of such Act in the same manner as a borrower
under such Act.
SEC. 709. Except as otherwise specifically provided by law,
not more than $20,000,000 in unobligated balances from appropriations made available for salaries and expenses in this Act for
the Farm Service Agency shall remain available through September
30, 2018, for information technology expenses: Provided, That except
as otherwise specifically provided by law, unobligated balances from
appropriations made available for salaries and expenses in this
Act for the Rural Development mission area shall remain available
through September 30, 2018, for information technology expenses.
SEC. 710. None of the funds appropriated or otherwise made
available by this Act may be used for first-class travel by the
employees of agencies funded by this Act in contravention of sections
301–10.122 through 301–10.124 of title 41, Code of Federal Regulations.
SEC. 711. In the case of each program established or amended
by the Agricultural Act of 2014 (Public Law 113–79), other than
by title I or subtitle A of title III of such Act, or programs for
which indefinite amounts were provided in that Act, that is authorized or required to be carried out using funds of the Commodity
Credit Corporation—
(1) such funds shall be available for salaries and related
administrative expenses, including technical assistance, associated with the implementation of the program, without regard
to the limitation on the total amount of allotments and fund
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Determination.
Contracts.
Approval.
Concurrence.
Notification.
Transfer
approval.
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Applicability.
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transfers contained in section 11 of the Commodity Credit
Corporation Charter Act (15 U.S.C. 714i); and
(2) the use of such funds for such purpose shall not be
considered to be a fund transfer or allotment for purposes
of applying the limitation on the total amount of allotments
and fund transfers contained in such section.
SEC. 712. Of the funds made available by this Act, not more
than $2,000,000 shall be used to cover necessary expenses of activities related to all advisory committees, panels, commissions, and
task forces of the Department of Agriculture, except for panels
used to comply with negotiated rule makings and panels used
to evaluate competitively awarded grants.
SEC. 713. None of the funds in this Act shall be available
to pay indirect costs charged against any agricultural research,
education, or extension grant awards issued by the National
Institute of Food and Agriculture that exceed 30 percent of total
Federal funds provided under each award: Provided, That notwithstanding section 1462 of the National Agricultural Research, Extension, and Teaching Policy Act of 1977 (7 U.S.C. 3310), funds provided by this Act for grants awarded competitively by the National
Institute of Food and Agriculture shall be available to pay full
allowable indirect costs for each grant awarded under section 9
of the Small Business Act (15 U.S.C. 638).
SEC. 714. None of the funds appropriated or otherwise made
available by this or any other Act shall be used to pay the salaries
and expenses of personnel to carry out the following:
(1) The Watershed Rehabilitation program authorized by
section 14(h)(1) of the Watershed Protection and Flood Prevention Act (16 U.S.C. 1012(h)(1)) in excess of $9,000,000;
(2) The Environmental Quality Incentives Program as
authorized by sections 1240-1240H of the Food Security Act
of 1985 (16 U.S.C. 3839aa–3839aa–8) in excess of
$1,357,000,000: Provided, That this limitation shall apply only
to funds provided by section 1241(a)(5)(D) of the Food Security
Act of 1985 (16 U.S.C. 3841(a)(5)(D));
(3) The Biomass Crop Assistance Program authorized by
section 9011 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8111) in excess of $3,000,000 in new
obligational authority;
(4) The Biorefinery, Renewable Chemical and Biobased
Product Manufacturing Assistance program as authorized by
section 9003 of the Farm Security and Rural Investment Act
of 2002 (7 U.S.C. 8103) in excess of $151,000,000 of the funding
made available by subsection (g)(1)(A) of that section for all
fiscal years; and
(5) A program authorized by section 524(b) of the Federal
Crop Insurance Act, as amended (7 U.S.C. 1524(b)) in excess
of $7,000,000 for fiscal year 2017: Provided, That notwithstanding section 524(b)(4)(C)(i) and 524(b)(4)(C)(iii) this limitation shall not apply to funds provided by section 524(b)(4)(C)(ii).
SEC. 715. Notwithstanding subsection (b) of section 14222 of
Public Law 110–246 (7 U.S.C. 612c–6; in this section referred to
as ‘‘section 14222’’), none of the funds appropriated or otherwise
made available by this or any other Act shall be used to pay
the salaries and expenses of personnel to carry out a program
under section 32 of the Act of August 24, 1935 (7 U.S.C. 612c;
in this section referred to as ‘‘section 32’’) in excess of $886,000,000
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131 STAT. 169
(exclusive of carryover appropriations from prior fiscal years), as
follows: Child Nutrition Programs Entitlement Commodities—
$465,000,000; State Option Contracts— $5,000,000; Removal of
Defective Commodities—$2,500,000; Administration of Section 32
Commodity Purchases—$35,440,000: Provided, That of the total
funds made available in the matter preceding this proviso that
remain unobligated on October 1, 2017, such unobligated balances
shall carryover into the next fiscal year and shall remain available
until expended for any of the three stated purposes of section
32, except that any such carryover funds used in accordance with
clause (3) of section 32 may not exceed $75,000,000 and may not
be obligated until the Secretary of Agriculture provides written
notification of the expenditures to the Committees on Appropriations of both Houses of Congress at least two weeks in advance:
Provided further, That none of the funds made available in this
Act or any other Act shall be used for salaries and expenses to
carry out in this fiscal year sub-section (i)(1)(E) of section 19 of
the Richard B. Russell National School Lunch Act (42 U.S.C. 1769a),
except in an amount that excludes the transfer of $125,000,000
of the funds to be transferred under subsection (c) of section 14222,
until October 1, 2017: Provided further, That $125,000,000 made
available on October 1, 2017, to carry out such section 19 shall
be excluded from the limitation described in subsection (b)(2)(A)(x)
of section 14222: Provided further, That, with the exception of
any available carryover funds authorized in the first proviso of
this section to be used for the purposes of clause (3) of section
32, none of the funds appropriated or otherwise made available
by this or any other Act shall be used to pay the salaries or
expenses of any employee of the Department of Agriculture or
officer of the Commodity Credit Corporation to carry out clause
(3) of section 32, or for any surplus removal activities or price
support activities under section 5 of the Commodity Credit Corporation Charter Act (15 U.S.C. 714c): Provided further, That the available unobligated balances under (b)(2)(A)(ix) of section 14222 in
excess of the limitation set forth in this section, excluding the
carryover amounts authorized in the first proviso of this section
for section 32 and the amounts to be transferred pursuant to
the second proviso of this section, are hereby permanently rescinded.
SEC. 716. None of the funds appropriated by this or any other
Act shall be used to pay the salaries and expenses of personnel
who prepare or submit appropriations language as part of the
President’s budget submission to the Congress for programs under
the jurisdiction of the Appropriations Subcommittees on Agriculture,
Rural Development, Food and Drug Administration, and Related
Agencies that assumes revenues or reflects a reduction from the
previous year due to user fees proposals that have not been enacted
into law prior to the submission of the budget unless such budget
submission identifies which additional spending reductions should
occur in the event the user fees proposals are not enacted prior
to the date of the convening of a committee of conference for
the fiscal year 2018 appropriations Act.
SEC. 717. (a) None of the funds provided by this Act, or provided
by previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in the current fiscal year, or provided from any accounts in the Treasury
derived by the collection of fees available to the agencies funded
by this Act, shall be available for obligation or expenditure through
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Notification.
Time period.
Notifications.
Time periods.
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PUBLIC LAW 115–31—MAY 5, 2017
a reprogramming, transfer of funds, or reimbursements as authorized by the Economy Act, or in the case of the Department of
Agriculture, through use of the authority provided by section 702(b)
of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
2257) or section 8 of Public Law 89–106 (7 U.S.C. 2263), that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes offices, programs, or activities; or
(6) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Secretary of Agriculture or the Secretary of Health
and Human Services (as the case may be) notifies in writing and
receives approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming of such funds or the use of such authority.
(b) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for obligation or expenditure for activities,
programs, or projects through a reprogramming or use of the
authorities referred to in subsection (a) involving funds in excess
of $500,000 or 10 percent, whichever is less, that—
(1) augments existing programs, projects, or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress; unless the Secretary of Agriculture or the Secretary of Health and Human
Services (as the case may be) notifies in writing and receives
approval from the Committees on Appropriations of both
Houses of Congress at least 30 days in advance of the reprogramming or transfer of such funds or the use of such
authority.
(c) The Secretary of Agriculture or the Secretary of Health
and Human Services shall notify in writing and receive approval
from the Committees on Appropriations of both Houses of Congress
before implementing any program or activity not carried out during
the previous fiscal year unless the program or activity is funded
by this Act or specifically funded by any other Act.
(d) None of the funds provided by this Act, or provided by
previous Appropriations Acts to the agencies funded by this Act
that remain available for obligation or expenditure in the current
fiscal year, or provided from any accounts in the Treasury derived
by the collection of fees available to the agencies funded by this
Act, shall be available for—
(1) modifying major capital investments funding levels,
including information technology systems, that involves
increasing or decreasing funds in the current fiscal year for
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 171
the individual investment in excess of $500,000 or 10 percent
of the total cost, whichever is less;
(2) realigning or reorganizing new, current, or vacant positions or agency activities or functions to establish a center,
office, branch, or similar entity with five or more personnel;
or
(3) carrying out activities or functions that were not
described in the budget request; unless the agencies funded
by this Act notify, in writing, the Committees on Appropriations
of both Houses of Congress at least 30 days in advance of
using the funds for these purposes.
(e) As described in this section, no funds may be used for
any activities unless the Secretary of Agriculture or the Secretary
of Health and Human Services receives from the Committee on
Appropriations of both Houses of Congress written or electronic
mail confirmation of receipt of the notification as required in this
section.
SEC. 718. Notwithstanding section 310B(g)(5) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(g)(5)), the
Secretary may assess a one-time fee for any guaranteed business
and industry loan in an amount that does not exceed 3 percent
of the guaranteed principal portion of the loan.
SEC. 719. None of the funds appropriated or otherwise made
available to the Department of Agriculture, the Food and Drug
Administration, or the Farm Credit Administration shall be used
to transmit or otherwise make available reports, questions, or
responses to questions that are a result of information requested
for the appropriations hearing process to any non-Department of
Agriculture, non-Department of Health and Human Services, or
non-Farm Credit Administration employee.
SEC. 720. Unless otherwise authorized by existing law, none
of the funds provided in this Act, may be used by an executive
branch agency to produce any prepackaged news story intended
for broadcast or distribution in the United States unless the story
includes a clear notification within the text or audio of the prepackaged news story that the prepackaged news story was prepared
or funded by that executive branch agency.
SEC. 721. No employee of the Department of Agriculture may
be detailed or assigned from an agency or office funded by this
Act or any other Act to any other agency or office of the Department
for more than 60 days in a fiscal year unless the individual’s
employing agency or office is fully reimbursed by the receiving
agency or office for the salary and expenses of the employee for
the period of assignment.
SEC. 722. In addition to amounts otherwise made available
by this Act and notwithstanding the last sentence of 16 U.S.C.
1310, there is appropriated $4,000,000, to remain available until
expended, to implement non-renewable agreements on eligible
lands, including flooded agricultural lands, as determined by the
Secretary, under the Water Bank Act (16 U.S.C. 1301–1311).
SEC. 723. Not later than 30 days after the date of enactment
of this Act, the Secretary of Agriculture, the Commissioner of the
Food and Drug Administration, and the Chairman of the Farm
Credit Administration shall submit to the Committees on Appropriations of both Houses of Congress a detailed spending plan by
program, project, and activity for all the funds made available
under this Act including appropriated user fees, as defined in the
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Fees.
News story.
Notification.
Time period.
Reimbursement.
Deadline.
Spending plan.
Fees.
PUBL031
131 STAT. 172
Loans.
Contracts.
Loans.
Notification.
Time period.
Notification.
Transfer
approval.
Water.
Determination.
Time period.
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PUBLIC LAW 115–31—MAY 5, 2017
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act).
SEC. 724. Funds made available under title II of the Food
for Peace Act (7 U.S.C. 1721 et seq.) may only be used to provide
assistance to recipient nations if adequate monitoring and controls,
as determined by the Secretary, are in place to ensure that emergency food aid is received by the intended beneficiaries in areas
affected by food shortages and not diverted for unauthorized or
inappropriate purposes.
SEC. 725. The Secretary shall establish an intermediary loan
packaging program based on the pilot program in effect for fiscal
year 2013 for packaging and reviewing section 502 single family
direct loans. The Secretary shall enter into agreements with current
intermediary organizations and with additional qualified intermediary organizations. The Secretary shall work with these
organizations to increase effectiveness of the section 502 single
family direct loan program in rural communities and shall set
aside and make available from the national reserve section 502
loans an amount necessary to support the work of such intermediaries and provide a priority for review of such loans.
SEC. 726. For loans and loan guarantees that do not require
budget authority and the program level has been established in
this Act, the Secretary of Agriculture may increase the program
level for such loans and loan guarantees by not more than 25
percent: Provided, That prior to the Secretary implementing such
an increase, the Secretary notifies, in writing, the Committees
on Appropriations of both Houses of Congress at least 15 days
in advance.
SEC. 727. None of the credit card refunds or rebates transferred
to the Working Capital Fund pursuant to section 729 of the Agriculture, Rural Development, Food and Drug Administration, and
Related Agencies Appropriations Act, 2002 (7 U.S.C. 2235a; Public
Law 107–76) shall be available for obligation without written
notification to, and the prior approval of, the Committees on Appropriations of both Houses of Congress: Provided, That the refunds
or rebates so transferred shall be available for obligation only
for the acquisition of plant and capital equipment necessary for
the delivery of financial, administrative, and information technology
services of primary benefit to the agencies of the Department of
Agriculture.
SEC. 728. None of the funds made available by this Act may
be used to procure processed poultry products imported into the
United States from the People’s Republic of China for use in the
school lunch program under the Richard B. Russell National School
Lunch Act (42 U.S.C. 1751 et seq.), the Child and Adult Care
Food Program under section 17 of such Act (42 U.S.C. 1766), the
Summer Food Service Program for Children under section 13 of
such Act (42 U.S.C. 1761), or the school breakfast program under
the Child Nutrition Act of 1966 (42 U.S.C. 1771 et seq.).
SEC. 729. In response to an eligible community where the
drinking water supplies are inadequate due to a natural disaster,
as determined by the Secretary, including drought or severe
weather, the Secretary may provide potable water through the
Emergency Community Water Assistance Grant Program for an
additional period of time not to exceed 120 days beyond the established period provided under the Program in order to protect public
health.
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SEC. 730. Funds provided by this or any prior Appropriations
Act for the Agriculture and Food Research Initiative under 7 U.S.C.
450i(b) shall be made available without regard to section 7128
of the Agricultural Act of 2014 (7 U.S.C. 3371 note), under the
matching requirements in laws in effect on the date before the
date of enactment of such section: Provided, That the requirements
of 7 U.S.C. 450i(b)(9) shall continue to apply.
SEC. 731. There is hereby appropriated $1,996,000 to carry
out section 1621 of Public Law 110–246.
SEC. 732. None of the funds made available by this Act may
be used by the Secretary of Agriculture, acting through the Food
and Nutrition Service, to commence any new research and evaluation projects until the Secretary submits to the Committees on
Appropriations of both Houses of Congress a research and evaluation plan for fiscal year 2017, prepared in coordination with the
Research, Education, and Economics mission area of the Department of Agriculture, and a period of 30 days beginning on the
date of the submission of the plan expires to permit Congressional
review of the plan.
SEC. 733. In carrying out subsection (h) of section 502 of the
Housing Act of 1949 (42 U.S.C. 1472), the Secretary of Agriculture
shall have the same authority with respect to loans guaranteed
under such section and eligible lenders for such loans as the Secretary has under subsections (h) and (j) of section 538 of such
Act (42 U.S.C. 1490p–2) with respect to loans guaranteed under
such section 538 and eligible lenders for such loans.
SEC. 734. None of the funds made available by this Act may
be used to propose, promulgate, or implement any rule, or take
any other action with respect to, allowing or requiring information
intended for a prescribing health care professional, in the case
of a drug or biological product subject to section 503(b)(1) of the
Federal Food, Drug, and Cosmetic Act (21 U.S.C. 353(b)(1)), to
be distributed to such professional electronically (in lieu of in paper
form) unless and until a Federal law is enacted to allow or require
such distribution.
SEC. 735. Any amounts transferred pursuant to section 149
of the Continuing Appropriations Act, 2017 (division C of Public
Law 114–223), as amended by the Further Continuing and Security
Assistance Appropriations Act, 2017 (Public Law 114–254), that
the Secretary of Agriculture determines are not necessary for the
cost of direct telecommunications loans authorized by section 305
of the Rural Electrification Act of 1936 (7 U.S.C. 935) shall be
transferred back to the accounts to which they were originally
appropriated and shall be available for the same purposes as originally appropriated.
SEC. 736. None of the funds made available by this Act may
be used to notify a sponsor or otherwise acknowledge receipt of
a submission for an exemption for investigational use of a drug
or biological product under section 505(i) of the Federal Food, Drug,
and Cosmetic Act (21 U.S.C. 355(i)) or section 351(a)(3) of the
Public Health Service Act (42 U.S.C. 262(a)(3)) in research in which
a human embryo is intentionally created or modified to include
a heritable genetic modification. Any such submission shall be
deemed to have not been received by the Secretary, and the exemption may not go into effect.
SEC. 737. None of the funds made available by this or any
other Act may be used to carry out the final rule promulgated
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Applicability.
Plan.
Coordination.
Time period.
Review.
Human embryo.
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131 STAT. 174
Audits.
Public
information.
Reports.
Applicability.
Hydrogenated
oils.
Fees.
Pornography.
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by the Food and Drug Administration and put into effect November
16, 2015, in regards to the hazard analysis and risk-based preventive control requirements of the current good manufacturing practice, hazard analysis, and risk-based preventive controls for food
for animals rule with respect to the regulation of the production,
distribution, sale, or receipt of dried spent grain byproducts of
the alcoholic beverage production process.
SEC. 738. (a) The Secretary of Agriculture shall—
(1) conduct audits in a manner that evaluates the following
factors in the country or region being audited, as applicable—
(A) veterinary control and oversight;
(B) disease history and vaccination practices;
(C) livestock demographics and traceability;
(D) epidemiological separation from potential sources
of infection;
(E) surveillance practices;
(F) diagnostic laboratory capabilities; and
(G) emergency preparedness and response; and
(2) promptly make publicly available the final reports of
any audits or reviews conducted pursuant to subsection (1).
(b) This section shall be applied in a manner consistent with
United States obligations under its international trade agreements.
SEC. 739. None of the funds made available by this Act may
be used to carry out any activities or incur any expense related
to the issuance of licenses under section 3 of the Animal Welfare
Act (7 U.S.C. 2133), or the renewal of such licenses, to class B
dealers who sell dogs and cats for use in research, experiments,
teaching, or testing.
SEC. 740. No partially hydrogenated oils as defined in the
order published by the Food and Drug Administration in the Federal
Register on June 17, 2015 (80 Fed. Reg. 34650 et seq.) shall be
deemed unsafe within the meaning of section 409(a) of the Federal
Food, Drug, and Cosmetic Act (21 U.S.C. 348(a)) and no food that
is introduced or delivered for introduction into interstate commerce
that bears or contains a partially hydrogenated oil shall be deemed
adulterated under sections 402(a)(1) or 402(a)(2)(C)(i) of this Act
by virtue of bearing or containing a partially hydrogenated oil
until the compliance date as specified in such order (June 18,
2018).
SEC. 741. The Secretary may charge a fee for lenders to access
Department loan guarantee systems in connection with such
lenders’ participation in loan guarantee programs of the Rural
Housing Service: Provided, That the funds collected from such fees
shall be made available to the Secretary without further appropriation and such funds shall be deposited into the Rural Development
Salaries and Expense Account and shall remain available until
expended for obligation and expenditure by the Secretary for
administrative expenses of the Rural Housing Service Loan Guarantee Program in addition to other available funds: Provided further, That such fees collected shall not exceed $50 per loan.
SEC. 742. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
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131 STAT. 175
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 743. In addition to amounts otherwise made available
by this Act under the heading ‘‘Animal and Plant Health Inspection
Service—Buildings and Facilities’’, there is appropriated
$47,000,000, to remain available until expended, for fruit fly rearing
facilities.
SEC. 744. Beginning on the date of enactment of this Act,
in fiscal year 2017 and each fiscal year hereafter, notwithstanding
any other provision of law, a household certified to participate
in the Supplemental Nutrition Assistance Program is required to
report in a manner prescribed by the Secretary if the household
no longer resides in the State in which it is certified.
SEC. 745. Of the unobligated balances from amounts made
available for the special supplemental nutrition program as authorized by section 17 of the Child Nutrition Act of 1966 (42 U.S.C.
1786), $850,000,000 are rescinded.
SEC. 746. (a)(1) No Federal funds made available for this fiscal
year for the rural water, waste water, waste disposal, and solid
waste management programs authorized by sections 306, 306A,
306C, 306D, 306E, and 310B of the Consolidated Farm and Rural
Development Act (7 U.S.C. 1926 et seq.) shall be used for a project
for the construction, alteration, maintenance, or repair of a public
water or wastewater system unless all of the iron and steel products
used in the project are produced in the United States.
(2) In this section, the term ‘‘iron and steel products’’ means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Secretary of Agriculture (in this section
referred to as the ‘‘Secretary’’) or the designee of the Secretary
finds that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities or of
a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Secretary or the designee receives a request for
a waiver under this section, the Secretary or the designee shall
make available to the public on an informal basis a copy of the
request and information available to the Secretary or the designee
concerning the request, and shall allow for informal public input
on the request for at least 15 days prior to making a finding
based on the request. The Secretary or the designee shall make
the request and accompanying information available by electronic
means, including on the official public Internet Web site of the
Department.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Secretary may retain up to 0.25 percent of the funds
appropriated in this Act for ‘‘Rural Utilities Service—Rural Water
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Effective date.
Notification.
7 USC 2014a.
Definition.
Waiver request.
Public
information.
Time period.
Web posting.
Applicability.
PUBL031
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Definition.
Time periods.
Compliance.
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and Waste Disposal Program Account’’ for carrying out the provisions described in subsection (a)(1) for management and oversight
of the requirements of this section.
(f) Subsection (a) shall not apply with respect to a project
for which the engineering plans and specifications include use of
iron and steel products otherwise prohibited by such subsection
if the plans and specifications have received required approvals
from State agencies prior to the date of enactment of this Act.
(g) For purposes of this section, the terms ‘‘United States’’
and ‘‘State’’ shall include each of the several States, the District
of Columbia, and each federally recognized Indian tribe.
SEC. 747. (a) For the period beginning on the date of enactment
of this Act through school year 2017–2018, with respect to the
school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) or the school
breakfast program established under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.) and final regulations published by
the Department of Agriculture in the Federal Register on January
26, 2012 (77 Fed. Reg. 4088 et seq.), the Secretary of Agriculture
shall allow States to grant an exemption from the whole grain
requirements that took effect on or after July 1, 2014, and the
States shall establish a process for evaluating and responding,
in a reasonable amount of time, to requests for an exemption:
Provided, That school food authorities demonstrate hardship,
including financial hardship, in procuring specific whole grain products which are acceptable to the students and compliant with the
whole grain-rich requirements: Provided further, That school food
authorities shall comply with the applicable grain component or
standard with respect to the school lunch or school breakfast program that was in effect prior to July 1, 2014.
(b) For the period beginning on the date of enactment of this
Act through school year 2017–2018, none of the funds appropriated
or otherwise made available by this or any other Act shall be
used to pay the salaries and expenses of personnel to implement
any regulations under the Richard B. Russell National School Lunch
Act (42 U.S.C. 1751 et seq.), the Child Nutrition Act of 1966
(42 U.S.C. 1771 et seq.), the Healthy, Hunger-Free Kids Act of
2010 (Public Law 111–296), or any other law that would require
a reduction in the quantity of sodium contained in federally
reimbursed meals, foods, and snacks sold in schools below Target
1 (as described in section 220.8(f)(3) of title 7, Code of Federal
Regulations (or successor regulations)).
(c) For the period beginning on the date of enactment of this
Act through school year 2017-2018, notwithstanding any other
provision of law, the Secretary shall allow States to grant special
exemptions for the service of flavored, low-fat fluid milk in the
school lunch program established under the Richard B. Russell
National School Lunch Act (42 U.S.C. 1751 et seq.) and the school
breakfast program established under the Child Nutrition Act of
1966 (42 U.S.C. 1771 et seq.), and as a competitive food available
on campus during the school day, to schools which demonstrate
a reduction in student milk consumption or an increase in school
milk waste.
SEC. 748. In addition to amounts otherwise made available
under this Act to carry out section 27(a)(1) of the Food and Nutrition
Act of 2008 (7 U.S.C. 2036(a)(1)) for fiscal year 2017, there is
appropriated $19,000,000 to carry out such section.
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131 STAT. 177
SEC. 749. (a) Subject to subsection (b), the Secretary of Agriculture may conduct a pilot program in accordance with this section
that authorizes not more than $600,000,000 in funds from rural
electrification loans made by the Federal Financing Bank that
are guaranteed under section 306 of the Rural Electrification Act
of 1936 to be used for refinancing debt pursuant to section 306C
of such Act (including any associated prepayment penalties and
prepayment or refinance premium), notwithstanding subsections
(b) and (c)(4) of section 306C of such Act.
(b) The Secretary of Agriculture may not provide an authorization under subsection (a) to a borrower unless the Secretary determines that the refinancing involved will benefit the ratepayers
of the borrower.
(c) The Federal Financing Bank shall make a new loan to
each borrower refinancing a loan pursuant to this section and
section 306 of the Rural Electrification Act of 1936, for the purpose
of providing funds for the refinancing, which loan shall be obligated
from amounts made available for rural electrification loans, and
the Secretary of Agriculture shall guarantee the new loan pursuant
to section 306 of the Rural Electrification Act of 1936.
(d) For the cost of refinancing a loan pursuant to this section
for any borrower identified by the Federal Financing Bank as
having opted since origination of the loan to pay an interest rate
premium for the eligibility to prepay at par, including a borrower
paying an interest rate premium in the near-term for the right
to prepay at par starting in 2020, $13,800,000, to remain available
until expended: Provided, That these funds shall also be available
for refinancing a loan pursuant to any extension or expansion
of this pilot program that is enacted subsequent to this Act for
those same borrowers.
(e) The authority for the pilot program provided by this section
shall remain in effect through September 30, 2019.
SEC. 750. Of the total amounts made available by this Act
for direct loans and grants in the following headings: ‘‘Rural
Housing Service—Rural Housing Insurance Fund Program
Account’’; ‘‘Rural Housing Service—Mutual and Self-Help Housing
Grants’’; ‘‘Rural Housing Service—Rural Housing Assistance
Grants’’; ‘‘Rural Housing Service—Rural Community Facilities Program Account’’; ‘‘Rural Business-Cooperative Service—Rural Business Program Account’’; ‘‘Rural Business-Cooperative Service—
Rural Economic Development Loans Program Account’’; ‘‘Rural
Business- Cooperative Service—Rural Cooperative Development
Grants’’; ‘‘Rural Utilities Service—Rural Water and Waste Disposal
Program Account’’; ‘‘Rural Utilities Service—Rural Electrification
and Telecommunications Loans Program Account’’; and ‘‘Rural Utilities Service—Distance Learning, Telemedicine, and Broadband Program’’, to the maximum extent feasible, at least 10 percent of
the new unobligated balances remaining upon enactment shall be
allocated for assistance in persistent poverty counties under this
section: Provided, That for purposes of this section, the term ‘‘persistent poverty counties’’ means any county that has had 20 percent
or more of its population living in poverty over the past 30 years,
as measured by the 1980, 1990, and 2000 decennial censuses,
and 2007–2011 American Community Survey 5-year average: Provided further, That with respect to specific activities for which
program levels have been made available by this Act that are
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7 USC 936c note.
Determination.
Loans.
Definition.
Applicability.
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Regulations.
Deadline.
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not supported by budget authority, the requirements of this section
shall be applied to such program level.
SEC. 751. For the purposes of determining eligibility or level
of program assistance for Rural Development mission area programs
the Secretary shall not include incarcerated prison populations.
SEC. 752. For an additional amount for ‘‘Food and Drug
Administration—Salaries and Expenses’’ to prevent, prepare for,
and respond to emerging health threats, including the Ebola and
Zika viruses, domestically and internationally and to develop necessary medical countermeasures and vaccines, including the review,
regulation, and post market surveillance of vaccines and therapies,
and for related administrative activities, $10,000,000, to remain
available until expended.
SEC. 753. There is hereby appropriated for the ‘‘Emergency
Conservation Program’’, $28,651,000, to remain available until
expended for emergencies not declared as a major disaster or emergency under the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.).
SEC. 754. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 755. In addition to funds appropriated in this Act, there
is hereby appropriated $134,000,000, to remain available until
expended, under the heading ‘‘Food for Peace Title II Grants’’:
Provided, That the funds made available under this section shall
be used for the purposes set forth in the Food for Peace Act
for both emergency and non-emergency purposes.
SEC. 756. The Secretary of Health and Human Services, acting
through the Commissioner of Food and Drugs, shall issue final
regulations revising the Federal drug regulations (as defined in
section 1112(c) of such Act (21 U.S.C. 360dd note)) with respect
to medical gases not later than July 15, 2017.
SEC. 757. For an additional amount for ‘‘Animal and Plant
Health Inspection Service—Salaries and Expenses’’, $5,500,000, to
remain available until September 30, 2018, for one-time control
and management and associated activities directly related to the
multiple-agency response to citrus greening.
SEC. 758. The following unobligated balances identified by the
following Treasury Appropriation Fund Symbols are hereby
rescinded: 12X1951, $632,928.89; 12X1953, $2,420,129.91; 12X1902,
$352,323.31; 12X1900, $16,452.44; and 12X1232, $529,310.95: Provided, That no amounts may be rescinded from amounts that were
designated by the Congress as an emergency or disaster relief
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
SEC. 759. The unobligated balances resulting from offsetting
collections identified by Treasury Appropriation Fund Symbols
12X1951, 12X2002, 12X2006, 12X1902, 12X1900, 12X1232, and
12X1980, respectively, are hereby rescinded: Provided, that no
amounts may be rescinded from amounts that were designated
by the Congress as an emergency or disaster relief requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
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131 STAT. 179
SEC. 760. There is hereby appropriated $5,000,000, to remain
available until September 30, 2018, for a pilot program for the
National Institute of Food and Agriculture to provide grants to
nonprofit organizations for programs and services to establish and
enhance farming and ranching opportunities for military veterans.
SEC. 761. During fiscal year 2017, the Food and Drug Administration (FDA) shall not allow the introduction or delivery for
introduction into interstate commerce of any food that contains
genetically engineered salmon until FDA publishes final labeling
guidelines for informing consumers of such content.
SEC. 762. None of the funds made available in this Act may
be used to pay the salary or expenses of personnel—
(1) to inspect horses under section 3 of the Federal Meat
Inspection Act (21 U.S.C. 603);
(2) to inspect horses under section 903 of the Federal
Agriculture Improvement and Reform Act of 1996 (7 U.S.C.
1901 note; Public Law 104–127); or
(3) to implement or enforce section 352.19 of title 9, Code
of Federal Regulations (or a successor regulation).
SEC. 763. The Secretary shall set aside for Rural Economic
Area Partnership (REAP) Zones, until August 15, 2017, an amount
of funds made available in title III under the headings of Rural
Housing Insurance Fund Program Account, Mutual and Self-Help
Housing Grants, Rural Housing Assistance Grants, Rural Community Facilities Program Account, Rural Business Program Account,
Rural Development Loan Fund Program Account, and Rural Water
and Waste Disposal Program Account, equal to the amount obligated in REAP Zones with respect to funds provided under such
headings in the most recent fiscal year any such funds were obligated under such headings for REAP Zones.
SEC. 764. There is hereby appropriated $600,000 for the purposes of section 727 of division A of Public Law 112–55.
SEC. 765. None of the funds made available by this Act may
be used to implement, administer, or enforce the ‘‘variety’’ requirements of the final rule entitled ‘‘Enhancing Retailer Standards
in the Supplemental Nutrition Assistance Program (SNAP)’’ published by the Department of Agriculture in the Federal Register
on December 15, 2016 (81 Fed. Reg. 90675) until the Secretary
of Agriculture amends the definition of the term ‘‘variety’’ as de
fined in section 278.1(b)(1)(ii)(C) of title 7, Code of Federal Regulations, and ‘‘variety’’ as applied in the definition of the term ‘‘staple
food’’ as defined in section 271.2 of title 7, Code of Federal Regulations, to increase the number of items that qualify as acceptable
varieties in each staple food category so that the total number
of such items in each staple food category exceeds the number
of such items in each staple food category included in the final
rule as published on December 15, 2016: Provided, That until
the Secretary promulgates such regulatory amendments, the Secretary shall apply the requirements regarding acceptable varieties
and breadth of stock to Supplemental Nutrition Assistance Program
retailers that were in effect on the day before the date of the
enactment of the Agricultural Act of 2014 (Public Law 113–79).
SEC. 766. None of the funds made available by this Act may
be used by the Food and Drug Administration to develop, issue,
promote, or advance any regulations applicable to food manufacturers for population-wide sodium reduction actions or to develop,
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Grants.
Time period.
Labeling.
Termination
date.
Applicability.
Sodium.
PUBL031
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Loans.
Grants.
Implementation
plan.
Time period.
Reports.
Grants.
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issue, promote or advance final guidance applicable to food manufacturers for long term population-wide sodium reduction actions until
the date on which a dietary reference intake report with respect
to sodium is completed.
SEC. 767. There is hereby appropriated $1,000,000, to remain
available until September 30, 2018, for the cost of loans and grants
that is consistent with section 4206 of the Agricultural Act of
2014, for necessary expenses of the Secretary to support projects
that provide access to healthy food in underserved areas, to create
and preserve quality jobs, and to revitalize low-income communities.
SEC. 768. In addition to funds appropriated in this Act, there
is hereby appropriated $500,000, to remain available until September 30, 2018, under the heading ‘‘Rural Development, Salaries
and Expenses’’, for development of an implementation plan for
increasing access to education in the fields of science, technology,
engineering, and mathematics in rural communities through the
Distance Learning and Telemedicine program.
SEC. 769. There is hereby appropriated $8,000,000, to remain
available until September 30, 2018, to carry out section 6407 of
the Farm Security and Rural Investment Act of 2002 (7 U.S.C.
8107a).
SEC. 770. (a) Of the unobligated balances from amounts made
available in fiscal year 2016 for the Comprehensive Loan Accounting
System under the heading ‘‘Rural Development, Salaries and
Expenses’’, $8,900,000 are hereby rescinded.
(b) For an additional amount for ‘‘Rural Development, Salaries
and Expenses’’, $8,900,000, to remain available until September
30, 2018, is provided for Information Technology modernization
activities.
SEC. 771. The Secretary shall modify the pilot program initiated
March 1, 2017, designed to preserve affordable rental housing
through non-profit transfer or acquisition of Section 515 properties
with expiring mortgages. The program will study effective means
to transfer Section 515 properties exiting the program due to mortgage maturity to qualified nonprofit organizations to preserve the
properties in the Rural Housing Service multi-family program. The
Secretary shall—
(1) Conduct limited research under the authority found
at section 506(b) of the Housing Act of 1949, as amended
(41 U.S.C. §1476(b));
(2) Track the results and identify ways or incentives to
create additional opportunities for nonprofits to participate in
the preservation of properties;
(3) Work collaboratively with third-parties to address concerns identified on the Department issued guidance issued September 16, 2016 titled, ‘‘March 1, 2017, Pilot Program to Promote Non-Profit Participation in Transactions to Retain the
Section 515 Portfolio’’ to maximize research benefits and potential application; and
(4) Conduct research for two years after the date of the
enactment of this Act and report the findings to the Committees
on Appropriations of both Houses of Congress:
Provided, That there is hereby appropriated $1,000,000, to remain
available until September 30, 2018, to provide grants to qualified
non-profit organizations and public housing authorities to provide
technical assistance, including financial and legal services, to RHS
multi-family housing borrowers to facilitate the acquisition of RHS
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multi-family housing properties in areas where the Secretary determines a risk of loss of affordable housing.
SEC. 772. (a) The Secretary of Agriculture (referred to in this
section as the ‘‘Secretary’’) shall carry out a pilot program during
fiscal year 2017 with respect to the 2016 crop year for countylevel agriculture risk coverage payments under section 1117(b)(1)
of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)), that provides
all or some of the State Farm Service Agency offices in each State
the opportunity to provide agricultural producers in the State a
supplemental payment described in subsection (c) based on the
alternate calculation method described in subsection (b) for 1 or
more counties in a State if the office for that State determines
that the alternate calculation method is necessary to ensure that,
to the maximum extent practicable, there are not significant yield
calculation disparities between comparable counties in the State.
(b) The alternate calculation method referred to in subsection
(a) is a method of calculating the actual yield for the 2016 crop
year for county-level agriculture risk coverage payments under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C. 9017(b)(1)),
under which—
(1) county data of the National Agricultural Statistics
Service (referred to in this section as ‘‘NASS data’’) is used
for the calculations;
(2) if there is insufficient NASS data for a county (as
determined under standards of the Secretary in effect as of
the date of enactment of this Act) or the available NASS data
produces a substantially disparate result, the calculation of
the county yield is determined using comparable contiguous
county NASS data as determined by the Farm Service Agency
office in the applicable State; and
(3) if there is insufficient NASS data for a comparable
contiguous county (as determined under standards of the Secretary in effect as of the date of enactment of this Act), the
calculation of the county yield is determined using reliable
yield data from other sources, such as Risk Management Agency
data, National Agricultural Statistics Service district data,
National Agricultural Statistics Service State yield data, or
other data as determined by the Farm Service Agency office
in the applicable State.
(c)(1) A supplemental payment made under the pilot program
established under this section may be made to an agricultural
producer who is subject to the alternate calculation method
described in subsection (b) if that agricultural producer would otherwise receive a county-level agriculture risk coverage payment for
the 2016 crop year in an amount that is less than the payment
that the agricultural producer would receive under the alternate
calculation method.
(2) The amount of a supplemental payment to an agricultural
producer under this section may not exceed the difference between—
(A) the payment that the agricultural producer would have
received without the alternate calculation method described
in subsection (b); and
(B) the payment that the agricultural producer would
receive using the alternate calculation method.
(d)(1) There is appropriated to the Secretary, out of funds
of the Treasury not otherwise appropriated, $5,000,000, to remain
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Time period.
Determinations.
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available until September 30, 2018, to carry out the pilot program
described in this section.
(2) Of the funds appropriated, the Secretary shall use not
more than $5,000,000 to carry out the pilot program described
in this section.
(e)(1) To the maximum extent practicable, the Secretary shall
select States to participate in the pilot program under this section
so the cost of the pilot program equals the amount provided under
subsection (d).
(2) To the extent that the cost of the pilot program exceeds
the amount made available, the Secretary shall reduce all payments
under the pilot program on a pro rata basis.
(f) Nothing in this section affects the calculation of actual
yield for purposes of county-level agriculture risk coverage payments
under section 1117(b)(1) of the Agricultural Act of 2014 (7 U.S.C.
9017(b)(1)) other than payments made in accordance with the pilot
program under this section.
(g) A calculation of actual yield made using the alternate calculation method described in subsection (b) shall not be used as
a basis for any agriculture risk coverage payment determinations
under section 1117 of the Agricultural Act of 2014 (7 U.S.C. 9017)
other than for purposes of the pilot program under this section.
SEC. 773. None of the funds made available by this Act or
any other Act may be used—
(1) in contravention of section 7606 of the Agricultural
Act of 2014 (7 U.S.C. 5940); or
(2) to prohibit the transportation, processing, sale, or use
of industrial hemp that is grown or cultivated in accordance
with section 7606 of the Agricultural Act of 2014, within or
outside the State in which the industrial hemp is grown or
cultivated.
SEC. 774. Notwithstanding any other provision of law, for purposes of applying the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.), the acceptable market name of Lithodes
aequispinus is ‘‘golden king crab.’’
This division may be cited as the ‘‘Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2017’’.
Applicability.
DIVISION B—COMMERCE, JUSTICE, SCIENCE, AND
RELATED AGENCIES APPROPRIATIONS ACT, 2017
Commerce,
Justice, Science,
and Related
Agencies
Appropriations
Act, 2017.
Department of
Commerce
Appropriations
Act, 2017.
TITLE I
DEPARTMENT OF COMMERCE
INTERNATIONAL TRADE ADMINISTRATION
OPERATIONS AND ADMINISTRATION
Time periods.
Fees.
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For necessary expenses for international trade activities of
the Department of Commerce provided for by law, and for engaging
in trade promotional activities abroad, including expenses of grants
and cooperative agreements for the purpose of promoting exports
of United States firms, without regard to sections 3702 and 3703
of title 44, United States Code; full medical coverage for dependent
members of immediate families of employees stationed overseas
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 183
and employees temporarily posted overseas; travel and transportation of employees of the International Trade Administration
between two points abroad, without regard to section 40118 of
title 49, United States Code; employment of citizens of the United
States and aliens by contract for services; rental of space abroad
for periods not exceeding 10 years, and expenses of alteration,
repair, or improvement; purchase or construction of temporary
demountable exhibition structures for use abroad; payment of tort
claims, in the manner authorized in the first paragraph of section
2672 of title 28, United States Code, when such claims arise in
foreign countries; not to exceed $294,300 for official representation
expenses abroad; purchase of passenger motor vehicles for official
use abroad, not to exceed $45,000 per vehicle; obtaining insurance
on official motor vehicles; and rental of tie lines, $495,000,000,
to remain available until September 30, 2018, of which $12,000,000
is to be derived from fees to be retained and used by the International Trade Administration, notwithstanding section 3302 of
title 31, United States Code: Provided, That, of amounts provided
under this heading, not less than $16,400,000 shall be for China
antidumping and countervailing duty enforcement and compliance
activities: Provided further, That the provisions of the first sentence
of section 105(f) and all of section 108(c) of the Mutual Educational
and Cultural Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c))
shall apply in carrying out these activities; and that for the purpose
of this Act, contributions under the provisions of the Mutual Educational and Cultural Exchange Act of 1961 shall include payment
for assessments for services provided as part of these activities.
BUREAU
OF INDUSTRY AND
China.
Applicability.
SECURITY
OPERATIONS AND ADMINISTRATION
For necessary expenses for export administration and national
security activities of the Department of Commerce, including costs
associated with the performance of export administration field
activities both domestically and abroad; full medical coverage for
dependent members of immediate families of employees stationed
overseas; employment of citizens of the United States and aliens
by contract for services abroad; payment of tort claims, in the
manner authorized in the first paragraph of section 2672 of title
28, United States Code, when such claims arise in foreign countries;
not to exceed $13,500 for official representation expenses abroad;
awards of compensation to informers under the Export Administration Act of 1979, and as authorized by section 1(b) of the Act
of June 15, 1917 (40 Stat. 223; 22 U.S.C. 401(b)); and purchase
of passenger motor vehicles for official use and motor vehicles
for law enforcement use with special requirement vehicles eligible
for purchase without regard to any price limitation otherwise established by law, $112,500,000, to remain available until expended:
Provided, That the provisions of the first sentence of section 105(f)
and all of section 108(c) of the Mutual Educational and Cultural
Exchange Act of 1961 (22 U.S.C. 2455(f) and 2458(c)) shall apply
in carrying out these activities: Provided further, That payments
and contributions collected and accepted for materials or services
provided as part of such activities may be retained for use in
covering the cost of such activities, and for providing information
to the public with respect to the export administration and national
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Applicability.
PUBL031
131 STAT. 184
PUBLIC LAW 115–31—MAY 5, 2017
security activities of the Department of Commerce and other export
control programs of the United States and other governments.
ECONOMIC DEVELOPMENT ADMINISTRATION
Grants.
ECONOMIC DEVELOPMENT ASSISTANCE PROGRAMS
For grants for economic development assistance as provided
by the Public Works and Economic Development Act of 1965, for
trade adjustment assistance, and for grants authorized by section
27 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722), $237,000,000, to remain available until expended,
of which $17,000,000 shall be for grants under such section 27.
SALARIES AND EXPENSES
For necessary expenses of administering the economic development assistance programs as provided for by law, $39,000,000:
Provided, That these funds may be used to monitor projects
approved pursuant to title I of the Public Works Employment
Act of 1976, title II of the Trade Act of 1974, section 27 of the
Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C.
3722), and the Community Emergency Drought Relief Act of 1977.
MINORITY BUSINESS DEVELOPMENT AGENCY
MINORITY BUSINESS DEVELOPMENT
For necessary expenses of the Department of Commerce in
fostering, promoting, and developing minority business enterprise,
including expenses of grants, contracts, and other agreements with
public or private organizations, $34,000,000.
ECONOMIC
AND
STATISTICAL ANALYSIS
SALARIES AND EXPENSES
For necessary expenses, as authorized by law, of economic
and statistical analysis programs of the Department of Commerce,
$107,300,000, to remain available until September 30, 2018.
BUREAU
OF THE
CENSUS
CURRENT SURVEYS AND PROGRAMS
Analysis.
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For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics, provided for by law, $270,000,000:
Provided, That, from amounts provided herein, funds may be used
for promotion, outreach, and marketing activities: Provided further,
That the Bureau of the Census shall collect and analyze data
for the Annual Social and Economic Supplement to the Current
Population Survey using the same health insurance questions
included in previous years, in addition to the revised questions
implemented in the Current Population Survey beginning in February 2014.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 185
PERIODIC CENSUSES AND PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for collecting, compiling, analyzing, preparing and publishing statistics for periodic censuses and programs
provided for by law, $1,200,000,000, to remain available until September 30, 2018: Provided, That, from amounts provided herein,
funds may be used for promotion, outreach, and marketing activities: Provided further, That within the amounts appropriated,
$2,580,000 shall be transferred to the ‘‘Office of Inspector General’’
account for activities associated with carrying out investigations
and audits related to the Bureau of the Census: Provided further,
That not more than 50 percent of the amounts made available
under this heading for information technology related to 2020
census delivery, including the Census Enterprise Data Collection
and Processing (CEDCaP) program, may be obligated until the
Secretary submits to the Committees on Appropriations of the
House of Representatives and the Senate a plan for expenditure
that: (1) identifies for each CEDCaP project/investment over
$25,000: (A) the functional and performance capabilities to be delivered and the mission benefits to be realized; (B) the estimated
lifecycle cost, including estimates for development as well as maintenance and operations; and (C) key milestones to be met; (2) details
for each project/investment: (A) reasons for any cost and schedule
variances; and (B) top risks and mitigation strategies; and (3)
has been submitted to the Government Accountability Office.
Expenditure
plan.
NATIONAL TELECOMMUNICATIONS AND INFORMATION
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, as provided for by law, of the National
Telecommunications and Information Administration (NTIA),
$32,000,000, to remain available until September 30, 2018: Provided, That, notwithstanding 31 U.S.C. 1535(d), the Secretary of
Commerce shall charge Federal agencies for costs incurred in spectrum management, analysis, operations, and related services, and
such fees shall be retained and used as offsetting collections for
costs of such spectrum services, to remain available until expended:
Provided further, That the Secretary of Commerce is authorized
to retain and use as offsetting collections all funds transferred,
or previously transferred, from other Government agencies for all
costs incurred in telecommunications research, engineering, and
related activities by the Institute for Telecommunication Sciences
of NTIA, in furtherance of its assigned functions under this paragraph, and such funds received from other Government agencies
shall remain available until expended.
PUBLIC TELECOMMUNICATIONS FACILITIES, PLANNING AND
CONSTRUCTION
Fees.
Grants.
For the administration of prior-year grants, recoveries and
unobligated balances of funds previously appropriated are available
for the administration of all open grants until their expiration.
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PUBL031
131 STAT. 186
PUBLIC LAW 115–31—MAY 5, 2017
UNITED STATES PATENT
AND
TRADEMARK OFFICE
SALARIES AND EXPENSES
(INCLUDING TRANSFERS OF FUNDS)
Spending plan.
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For necessary expenses of the United States Patent and Trademark Office (USPTO) provided for by law, including defense of
suits instituted against the Under Secretary of Commerce for
Intellectual Property and Director of the USPTO, $3,230,000,000,
to remain available until expended: Provided, That the sum herein
appropriated from the general fund shall be reduced as offsetting
collections of fees and surcharges assessed and collected by the
USPTO under any law are received during fiscal year 2017, so
as to result in a fiscal year 2017 appropriation from the general
fund estimated at $0: Provided further, That during fiscal year
2017, should the total amount of such offsetting collections be
less than $3,230,000,000 this amount shall be reduced accordingly:
Provided further, That any amount received in excess of
$3,230,000,000 in fiscal year 2017 and deposited in the Patent
and Trademark Fee Reserve Fund shall remain available until
expended: Provided further, That the Director of USPTO shall
submit a spending plan to the Committees on Appropriations of
the House of Representatives and the Senate for any amounts
made available by the preceding proviso and such spending plan
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That any amounts reprogrammed in accordance with the
preceding proviso shall be transferred to the United States Patent
and Trademark Office ‘‘Salaries and Expenses’’ account: Provided
further, That from amounts provided herein, not to exceed $900
shall be made available in fiscal year 2017 for official reception
and representation expenses: Provided further, That in fiscal year
2017 from the amounts made available for ‘‘Salaries and Expenses’’
for the USPTO, the amounts necessary to pay (1) the difference
between the percentage of basic pay contributed by the USPTO
and employees under section 8334(a) of title 5, United States Code,
and the normal cost percentage (as defined by section 8331(17)
of that title) as provided by the Office of Personnel Management
(OPM) for USPTO’s specific use, of basic pay, of employees subject
to subchapter III of chapter 83 of that title, and (2) the present
value of the otherwise unfunded accruing costs, as determined
by OPM for USPTO’s specific use of post-retirement life insurance
and post-retirement health benefits coverage for all USPTO
employees who are enrolled in Federal Employees Health Benefits
(FEHB) and Federal Employees Group Life Insurance (FEGLI),
shall be transferred to the Civil Service Retirement and Disability
Fund, the FEGLI Fund, and the FEHB Fund, as appropriate,
and shall be available for the authorized purposes of those accounts:
Provided further, That any differences between the present value
factors published in OPM’s yearly 300 series benefit letters and
the factors that OPM provides for USPTO’s specific use shall be
recognized as an imputed cost on USPTO’s financial statements,
where applicable: Provided further, That, notwithstanding any other
provision of law, all fees and surcharges assessed and collected
by USPTO are available for USPTO only pursuant to section 42(c)
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 187
of title 35, United States Code, as amended by section 22 of the
Leahy-Smith America Invents Act (Public Law 112–29): Provided
further, That within the amounts appropriated, $2,000,000 shall
be transferred to the ‘‘Office of Inspector General’’ account for
activities associated with carrying out investigations and audits
related to the USPTO.
NATIONAL INSTITUTE
OF
STANDARDS
AND
TECHNOLOGY
SCIENTIFIC AND TECHNICAL RESEARCH AND SERVICES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the National Institute of Standards
and Technology (NIST), $690,000,000, to remain available until
expended, of which not to exceed $9,000,000 may be transferred
to the ‘‘Working Capital Fund’’: Provided, That not to exceed $5,000
shall be for official reception and representation expenses: Provided
further, That NIST may provide local transportation for summer
undergraduate research fellowship program participants.
INDUSTRIAL TECHNOLOGY SERVICES
For necessary expenses for industrial technology services,
$155,000,000, to remain available until expended, of which
$130,000,000 shall be for the Hollings Manufacturing Extension
Partnership, and of which $25,000,000 shall be for the National
Network for Manufacturing Innovation: Provided, That of the
amount provided under this heading, $2,000,000 shall be derived
from recoveries of prior year obligations.
CONSTRUCTION OF RESEARCH FACILITIES
For construction of new research facilities, including architectural and engineering design, and for renovation and maintenance
of existing facilities, not otherwise provided for the National
Institute of Standards and Technology, as authorized by sections
13 through 15 of the National Institute of Standards and Technology
Act (15 U.S.C. 278c–278e), $109,000,000, to remain available until
expended: Provided, That the Secretary of Commerce shall include
in the budget justification materials that the Secretary submits
to Congress in support of the Department of Commerce budget
(as submitted with the budget of the President under section 1105(a)
of title 31, United States Code) an estimate for each National
Institute of Standards and Technology construction project having
a total multi-year program cost of more than $5,000,000, and
simultaneously the budget justification materials shall include an
estimate of the budgetary requirements for each such project for
each of the 5 subsequent fiscal years.
NATIONAL OCEANIC
AND
Estimates.
15 USC 1513b
note.
ATMOSPHERIC ADMINISTRATION
OPERATIONS, RESEARCH, AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of activities authorized by law for the
National Oceanic and Atmospheric Administration, including
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131 STAT. 188
PUBLIC LAW 115–31—MAY 5, 2017
maintenance, operation, and hire of aircraft and vessels; grants,
contracts, or other payments to nonprofit organizations for the
purposes of conducting activities pursuant to cooperative agreements; and relocation of facilities, $3,367,875,000, to remain available until September 30, 2018, except that funds provided for
cooperative enforcement shall remain available until September
30, 2019: Provided, That fees and donations received by the National
Ocean Service for the management of national marine sanctuaries
may be retained and used for the salaries and expenses associated
with those activities, notwithstanding section 3302 of title 31,
United States Code: Provided further, That in addition,
$130,164,000 shall be derived by transfer from the fund entitled
‘‘Promote and Develop Fishery Products and Research Pertaining
to American Fisheries’’, which shall only be used for fishery activities related to the Saltonstall-Kennedy Grant Program, Cooperative
Research, Annual Stock Assessments, Survey and Monitoring
Projects, Interjurisdictional Fisheries Grants, and Fish Information
Networks: Provided further, That of the $3,515,539,000 provided
for in direct obligations under this heading, $3,367,875,000 is appropriated from the general fund, $130,164,000 is provided by transfer
and $17,500,000 is derived from recoveries of prior year obligations:
Provided further, That the total amount available for National
Oceanic and Atmospheric Administration corporate services
administrative support costs shall not exceed $228,440,000: Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That in
addition, for necessary retired pay expenses under the Retired
Serviceman’s Family Protection and Survivor Benefits Plan, and
for payments for the medical care of retired personnel and their
dependents under the Dependents’ Medical Care Act (10 U.S.C.
ch. 55), such sums as may be necessary.
PROCUREMENT, ACQUISITION AND CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Estimates.
15 USC 1513a
note.
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For procurement, acquisition and construction of capital assets,
including alteration and modification costs, of the National Oceanic
and Atmospheric Administration, $2,242,610,000, to remain available until September 30, 2019, except that funds provided for
acquisition and construction of vessels and construction of facilities
shall remain available until expended: Provided, That of the
$2,255,610,000 provided for in direct obligations under this heading,
$2,242,610,000 is appropriated from the general fund and
$13,000,000 is provided from recoveries of prior year obligations:
Provided further, That any deviation from the amounts designated
for specific activities in the explanatory statement described in
section 4 (in the matter preceding division A of this consolidated
Act), or any use of deobligated balances of funds provided under
this heading in previous years, shall be subject to the procedures
set forth in section 505 of this Act: Provided further, That the
Secretary of Commerce shall include in budget justification materials that the Secretary submits to Congress in support of the
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 189
Department of Commerce budget (as submitted with the budget
of the President under section 1105(a) of title 31, United States
Code) an estimate for each National Oceanic and Atmospheric
Administration procurement, acquisition or construction project
having a total of more than $5,000,000 and simultaneously the
budget justification shall include an estimate of the budgetary
requirements for each such project for each of the 5 subsequent
fiscal years: Provided further, That, within the amounts appropriated, $1,302,000 shall be transferred to the ‘‘Office of Inspector
General’’ account for activities associated with carrying out investigations and audits related to satellite procurement, acquisition
and construction.
PACIFIC COASTAL SALMON RECOVERY
For necessary expenses associated with the restoration of
Pacific salmon populations, $65,000,000, to remain available until
September 30, 2018: Provided, That, of the funds provided herein,
the Secretary of Commerce may issue grants to the States of Washington, Oregon, Idaho, Nevada, California, and Alaska, and to the
Federally recognized tribes of the Columbia River and Pacific Coast
(including Alaska), for projects necessary for conservation of salmon
and steelhead populations that are listed as threatened or endangered, or that are identified by a State as at-risk to be so listed,
for maintaining populations necessary for exercise of tribal treaty
fishing rights or native subsistence fishing, or for conservation
of Pacific coastal salmon and steelhead habitat, based on guidelines
to be developed by the Secretary of Commerce: Provided further,
That all funds shall be allocated based on scientific and other
merit principles and shall not be available for marketing activities:
Provided further, That funds disbursed to States shall be subject
to a matching requirement of funds or documented in-kind contributions of at least 33 percent of the Federal funds.
Grants.
States.
Native
Americans.
Guidelines.
FISHERMEN’S CONTINGENCY FUND
For carrying out the provisions of title IV of Public Law 95–
372, not to exceed $350,000, to be derived from receipts collected
pursuant to that Act, to remain available until expended.
FISHERIES FINANCE PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2017, obligations of direct loans may not exceed
$24,000,000 for Individual Fishing Quota loans and not to exceed
$100,000,000 for traditional direct loans as authorized by the Merchant Marine Act of 1936.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
For necessary expenses for the management of the Department
of Commerce provided for by law, including not to exceed $4,500
for official reception and representation, $58,000,000: Provided,
That within amounts provided, the Secretary of Commerce may
use up to $2,500,000 to engage in activities to provide businesses
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131 STAT. 190
PUBLIC LAW 115–31—MAY 5, 2017
and communities with information about and referrals to relevant
Federal, State, and local government programs.
RENOVATION AND MODERNIZATION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the renovation and modernization
of the Herbert C. Hoover Building, including security-related costs,
$4,000,000, to remain available until expended: Provided, That
the Secretary of Commerce may transfer up to $8,224,000 to this
account from funds available to the Department of Commerce:
Provided further, That the transfer authority provided in the first
proviso is in addition to any other transfer authority contained
in this Act: Provided further, That any transfer pursuant to the
authority provided under this heading shall be treated as a reprogramming under section 505 of this Act and shall not be available for obligation or expenditure except in compliance with the
procedures set forth in that section.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978
(5 U.S.C. App.), $32,744,000.
GENERAL PROVISIONS—DEPARTMENT
OF
COMMERCE
(INCLUDING TRANSFER OF FUNDS)
Certification.
Notification.
Deadline.
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SEC. 101. During the current fiscal year, applicable appropriations and funds made available to the Department of Commerce
by this Act shall be available for the activities specified in the
Act of October 26, 1949 (15 U.S.C. 1514), to the extent and in
the manner prescribed by the Act, and, notwithstanding 31 U.S.C.
3324, may be used for advanced payments not otherwise authorized
only upon the certification of officials designated by the Secretary
of Commerce that such payments are in the public interest.
SEC. 102. During the current fiscal year, appropriations made
available to the Department of Commerce by this Act for salaries
and expenses shall be available for hire of passenger motor vehicles
as authorized by 31 U.S.C. 1343 and 1344; services as authorized
by 5 U.S.C. 3109; and uniforms or allowances therefor, as authorized
by law (5 U.S.C. 5901–5902).
SEC. 103. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Commerce
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 10 percent
by any such transfers: Provided, That any transfer pursuant to
this section shall be treated as a reprogramming of funds under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That the Secretary of Commerce
shall notify the Committees on Appropriations at least 15 days
in advance of the acquisition or disposal of any capital asset
(including land, structures, and equipment) not specifically provided
for in this Act or any other law appropriating funds for the Department of Commerce.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 191
SEC. 104. The requirements set forth by section 105 of the
Commerce, Justice, Science, and Related Agencies Appropriations
Act, 2012 (Public Law 112–55), as amended by section 105 of
title I of division B of Public Law 113–6, are hereby adopted
by reference and made applicable with respect to fiscal year 2017:
Provided, That the life cycle cost for the Joint Polar Satellite System
is $11,322,125,000 and the life cycle cost for the Geostationary
Operational Environmental Satellite R-Series Program is
$10,828,059,000.
SEC. 105. Notwithstanding any other provision of law, the
Secretary may furnish services (including but not limited to utilities,
telecommunications, and security services) necessary to support
the operation, maintenance, and improvement of space that persons,
firms, or organizations are authorized, pursuant to the Public
Buildings Cooperative Use Act of 1976 or other authority, to use
or occupy in the Herbert C. Hoover Building, Washington, DC,
or other buildings, the maintenance, operation, and protection of
which has been delegated to the Secretary from the Administrator
of General Services pursuant to the Federal Property and Administrative Services Act of 1949 on a reimbursable or non-reimbursable
basis. Amounts received as reimbursement for services provided
under this section or the authority under which the use or occupancy
of the space is authorized, up to $200,000, shall be credited to
the appropriation or fund which initially bears the costs of such
services.
SEC. 106. Nothing in this title shall be construed to prevent
a grant recipient from deterring child pornography, copyright
infringement, or any other unlawful activity over its networks.
SEC. 107. The Administrator of the National Oceanic and
Atmospheric Administration is authorized to use, with their consent,
with reimbursement and subject to the limits of available appropriations, the land, services, equipment, personnel, and facilities of
any department, agency, or instrumentality of the United States,
or of any State, local government, Indian tribal government, Territory, or possession, or of any political subdivision thereof, or of
any foreign government or international organization, for purposes
related to carrying out the responsibilities of any statute administered by the National Oceanic and Atmospheric Administration.
SEC. 108. The National Technical Information Service shall
not charge any customer for a copy of any report or document
generated by the Legislative Branch unless the Service has provided
information to the customer on how an electronic copy of such
report or document may be accessed and downloaded for free online.
Should a customer still require the Service to provide a printed
or digital copy of the report or document, the charge shall be
limited to recovering the Service’s cost of processing, reproducing,
and delivering such report or document.
SEC. 109. The Secretary of Commerce may waive the requirement for bonds under 40 U.S.C. 3131 with respect to contracts
for the construction, alteration, or repair of vessels, regardless
of the terms of the contracts as to payment or title, when the
contract is made under the Coast and Geodetic Survey Act of
1947 (33 U.S.C. 883a et seq.).
SEC. 110. None of the funds appropriated or otherwise made
available in this or any other Act, with respect to any fiscal year,
may be used in contravention of section 110 of the Commerce,
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33 USC 878a
note.
Pornography.
Patents and
copyrights.
Reimbursement.
Records.
Waiver authority.
Contracts.
16 USC 1851
note.
PUBL031
131 STAT. 192
PUBLIC LAW 115–31—MAY 5, 2017
Justice, Science, and Related Agencies Appropriations Act, 2016
(Public Law 114–113).
SEC. 111. To carry out the responsibilities of the National
Oceanic and Atmospheric Administration (NOAA), the Administrator of NOAA is authorized to: (1) enter into grants and cooperative agreements with; (2) use on a non-reimbursable basis land,
services, equipment, personnel, and facilities provided by; and (3)
receive and expend funds made available on a consensual basis
from: a Federal agency, State or subdivision thereof, local government, tribal government, territory, or possession or any subdivisions
thereof: Provided, That funds received for permitting and related
regulatory activities pursuant to this section shall be deposited
under the heading ‘‘National Oceanic and Atmospheric Administration—Operations, Research, and Facilities’’ and shall remain available until September 30, 2019, for such purposes: Provided further,
That all funds within this section and their corresponding uses
are subject to section 505 of this Act.
SEC. 112. Amounts provided by this Act or by any prior appropriations Act that remain available for obligation, for necessary
expenses of the programs of the Economics and Statistics Administration of the Department of Commerce, including amounts provided
for programs of the Bureau of Economic Analysis and the U.S.
Census Bureau, shall be available for expenses of cooperative agreements with appropriate entities, including any Federal, State, or
local governmental unit, or institution of higher education, to aid
and promote statistical, research, and methodology activities which
further the purposes for which such amounts have been made
available.
SEC. 113. For fiscal year 2017 and each fiscal year thereafter,
no person shall conduct any research, exploration, salvage, or other
activity that would physically alter or disturb the wreck or wreck
site of the RMS Titanic unless authorized by the Secretary of
Commerce per the provisions of the Agreement Concerning the
Shipwrecked Vessel RMS Titanic. The Secretary of Commerce shall
take appropriate actions to carry out this section consistent with
the Agreement.
This title may be cited as the ‘‘Department of Commerce Appropriations Act, 2017’’.
Grants.
Contracts.
RMS Titanic.
TITLE II
Department of
Justice
Appropriations
Act, 2017.
DEPARTMENT OF JUSTICE
GENERAL ADMINISTRATION
SALARIES AND EXPENSES
For expenses necessary for the administration of the Department of Justice, $114,124,000, of which not to exceed $4,000,000
for security and construction of Department of Justice facilities
shall remain available until expended.
JUSTICE INFORMATION SHARING TECHNOLOGY
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for information sharing technology,
including planning, development, deployment and departmental
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131 STAT. 193
direction, $31,000,000, to remain available until expended: Provided, That the Attorney General may transfer up to $35,400,000
to this account, from funds available to the Department of Justice
for information technology, to remain available until expended,
for enterprise-wide information technology initiatives: Provided further, That the transfer authority in the preceding proviso is in
addition to any other transfer authority contained in this Act:
Provided further, That any transfer pursuant to the first proviso
shall be treated as a reprogramming under section 505 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the administration of immigrationrelated activities of the Executive Office for Immigration Review,
$440,000,000, of which $4,000,000 shall be derived by transfer
from the Executive Office for Immigration Review fees deposited
in the ‘‘Immigration Examinations Fee’’ account: Provided, That
not to exceed $15,000,000 of the total amount made available under
this heading shall remain available until expended: Provided further, That any unobligated balances available from funds appropriated for the Executive Office for Immigration Review under
the heading ‘‘General Administration, Administrative Review and
Appeals’’ shall be transferred to and merged with the appropriation
under this heading.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$95,583,000, including not to exceed $10,000 to meet unforeseen
emergencies of a confidential character.
UNITED STATES PAROLE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States Parole Commission
as authorized, $13,308,000: Provided, That, notwithstanding any
other provision of law, upon the expiration of a term of office
of a Commissioner, the Commissioner may continue to act until
a successor has been appointed.
LEGAL ACTIVITIES
SALARIES AND EXPENSES, GENERAL LEGAL ACTIVITIES
For expenses necessary for the legal activities of the Department of Justice, not otherwise provided for, including not to exceed
$20,000 for expenses of collecting evidence, to be expended under
the direction of, and to be accounted for solely under the certificate
of, the Attorney General; the administration of pardon and clemency
petitions; and rent of private or Government-owned space in the
District of Columbia, $897,500,000, of which not to exceed
$20,000,000 for litigation support contracts shall remain available
until expended: Provided, That of the amount provided for
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131 STAT. 194
Determination.
Transfer
authority.
Reimbursement.
Reimbursement.
PUBLIC LAW 115–31—MAY 5, 2017
INTERPOL Washington dues payments, not to exceed $685,000
shall remain available until expended: Provided further, That of
the total amount appropriated, not to exceed $9,000 shall be available to INTERPOL Washington for official reception and representation expenses: Provided further, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
emergent circumstances require additional funding for litigation
activities of the Civil Division, the Attorney General may transfer
such amounts to ‘‘Salaries and Expenses, General Legal Activities’’
from available appropriations for the current fiscal year for the
Department of Justice, as may be necessary to respond to such
circumstances: Provided further, That any transfer pursuant to
the preceding proviso shall be treated as a reprogramming under
section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That of the amount appropriated,
such sums as may be necessary shall be available to the Civil
Rights Division for salaries and expenses associated with the election monitoring program under section 8 of the Voting Rights Act
of 1965 (52 U.S.C. 10305) and to reimburse the Office of Personnel
Management for such salaries and expenses: Provided further, That
of the amounts provided under this heading for the election monitoring program, $3,390,000 shall remain available until expended.
In addition, for reimbursement of expenses of the Department
of Justice associated with processing cases under the National
Childhood Vaccine Injury Act of 1986, not to exceed $10,000,000,
to be appropriated from the Vaccine Injury Compensation Trust
Fund.
SALARIES AND EXPENSES, ANTITRUST DIVISION
For expenses necessary for the enforcement of antitrust and
kindred laws, $164,977,000, to remain available until expended:
Provided, That notwithstanding any other provision of law, fees
collected for premerger notification filings under the Hart-ScottRodino Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless of the year of collection (and estimated to be $125,000,000
in fiscal year 2017), shall be retained and used for necessary
expenses in this appropriation, and shall remain available until
expended: Provided further, That the sum herein appropriated from
the general fund shall be reduced as such offsetting collections
are received during fiscal year 2017, so as to result in a final
fiscal year 2017 appropriation from the general fund estimated
at $39,977,000.
SALARIES AND EXPENSES, UNITED STATES ATTORNEYS
Establishment.
Human rights.
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For necessary expenses of the Offices of the United States
Attorneys, including inter-governmental and cooperative agreements, $2,035,000,000: Provided, That of the total amount appropriated, not to exceed $7,200 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$25,000,000 shall remain available until expended: Provided further,
That each United States Attorney shall establish or participate
in a task force on human trafficking.
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131 STAT. 195
Fees.
UNITED STATES TRUSTEE SYSTEM FUND
For necessary expenses of the United States Trustee Program,
as authorized, $225,908,000, to remain available until expended:
Provided, That, notwithstanding any other provision of law, deposits
to the United States Trustee System Fund and amounts herein
appropriated shall be available in such amounts as may be necessary to pay refunds due depositors: Provided further, That, notwithstanding any other provision of law, fees collected pursuant
to section 589a(b) of title 28, United States Code, shall be retained
and used for necessary expenses in this appropriation and shall
remain available until expended: Provided further, That to the
extent that fees collected in fiscal year 2017, net of amounts necessary to pay refunds due depositors, exceed $225,908,000, those
excess amounts shall be available in future fiscal years only to
the extent provided in advance in appropriations Acts: Provided
further, That the sum herein appropriated from the general fund
shall be reduced (1) as such fees are received during fiscal year
2017, net of amounts necessary to pay refunds due depositors,
(estimated at $163,000,000) and (2) to the extent that any remaining
general fund appropriations can be derived from amounts deposited
in the Fund in previous fiscal years that are not otherwise appropriated, so as to result in a final fiscal year 2017 appropriation
from the general fund estimated at $62,908,000.
SALARIES AND EXPENSES, FOREIGN CLAIMS SETTLEMENT COMMISSION
For expenses necessary to carry out the activities of the Foreign
Claims Settlement Commission, including services as authorized
by section 3109 of title 5, United States Code, $2,374,000.
Contracts.
FEES AND EXPENSES OF WITNESSES
For fees and expenses of witnesses, for expenses of contracts
for the procurement and supervision of expert witnesses, for private
counsel expenses, including advances, and for expenses of foreign
counsel, $270,000,000, to remain available until expended, of which
not to exceed $16,000,000 is for construction of buildings for protected witness safesites; not to exceed $3,000,000 is for the purchase
and maintenance of armored and other vehicles for witness security
caravans; and not to exceed $13,000,000 is for the purchase,
installation, maintenance, and upgrade of secure telecommunications equipment and a secure automated information network
to store and retrieve the identities and locations of protected witnesses: Provided, That amounts made available under this heading
may not be transferred pursuant to section 205 of this Act.
SALARIES AND EXPENSES, COMMUNITY RELATIONS SERVICE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Community Relations Service,
$15,500,000: Provided, That notwithstanding section 205 of this
Act, upon a determination by the Attorney General that emergent
circumstances require additional funding for conflict resolution and
violence prevention activities of the Community Relations Service,
the Attorney General may transfer such amounts to the Community
Relations Service, from available appropriations for the current
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Determination.
Transfer
authority.
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PUBLIC LAW 115–31—MAY 5, 2017
fiscal year for the Department of Justice, as may be necessary
to respond to such circumstances: Provided further, That any
transfer pursuant to the preceding proviso shall be treated as
a reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
ASSETS FORFEITURE FUND
For expenses authorized by subparagraphs (B), (F), and (G)
of section 524(c)(1) of title 28, United States Code, $20,514,000,
to be derived from the Department of Justice Assets Forfeiture
Fund.
UNITED STATES MARSHALS SERVICE
SALARIES AND EXPENSES
For necessary expenses of the United States Marshals Service,
$1,249,040,000, of which not to exceed $6,000 shall be available
for official reception and representation expenses, and not to exceed
$15,000,000 shall remain available until expended.
CONSTRUCTION
For construction in space controlled, occupied or utilized by
the United States Marshals Service for prisoner holding and related
support, $10,000,000, to remain available until expended.
FEDERAL PRISONER DETENTION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses related to United States prisoners in
the custody of the United States Marshals Service as authorized
by section 4013 of title 18, United States Code, $1,454,414,000,
to remain available until expended: Provided, That not to exceed
$20,000,000 shall be considered ‘‘funds appropriated for State and
local law enforcement assistance’’ pursuant to section 4013(b) of
title 18, United States Code: Provided further, That the United
States Marshals Service shall be responsible for managing the
Justice Prisoner and Alien Transportation System: Provided further,
That any unobligated balances available from funds appropriated
under the heading ‘‘General Administration, Detention Trustee’’
shall be transferred to and merged with the appropriation under
this heading.
NATIONAL SECURITY DIVISION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Determination.
Transfer
authority.
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For expenses necessary to carry out the activities of the
National Security Division, $96,000,000, of which not to exceed
$5,000,000 for information technology systems shall remain available until expended: Provided, That notwithstanding section 205
of this Act, upon a determination by the Attorney General that
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emergent circumstances require additional funding for the activities
of the National Security Division, the Attorney General may
transfer such amounts to this heading from available appropriations
for the current fiscal year for the Department of Justice, as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
INTERAGENCY LAW ENFORCEMENT
INTERAGENCY CRIME AND DRUG ENFORCEMENT
For necessary expenses for the identification, investigation, and
prosecution of individuals associated with the most significant drug
trafficking organizations, transnational organized crime, and money
laundering organizations not otherwise provided for, to include
inter-governmental agreements with State and local law enforcement agencies engaged in the investigation and prosecution of
individuals involved in transnational organized crime and drug
trafficking, $517,000,000, of which $50,000,000 shall remain available until expended: Provided, That any amounts obligated from
appropriations under this heading may be used under authorities
available to the organizations reimbursed from this appropriation.
FEDERAL BUREAU
OF INVESTIGATION
SALARIES AND EXPENSES
For necessary expenses of the Federal Bureau of Investigation
for detection, investigation, and prosecution of crimes against the
United States, $8,767,201,000, of which not to exceed $285,882,000
shall remain available until expended: Provided, That not to exceed
$184,500 shall be available for official reception and representation
expenses: Provided further, That in addition to other funds provided
for Construction projects, the Federal Bureau of Investigation may
use up to $68,982,000 under this heading for all costs related
to construction, conversion, modification and extension of federally
owned and leased space; preliminary planning and design of
projects; and operation and maintenance of secure work environment facilities and secure networking capabilities.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses, to include the cost of equipment, furniture, and information technology requirements, related to
construction or acquisition of buildings, facilities and sites by purchase, or as otherwise authorized by law; conversion, modification
and extension of federally owned buildings; preliminary planning
and design of projects; and operation and maintenance of secure
work environment facilities and secure networking capabilities;
$420,178,000, to remain available until expended, of which
$181,000,000 shall be derived by transfer from the Department
of Justice’s Working Capital Fund: Provided, That $323,000,000
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PUBLIC LAW 115–31—MAY 5, 2017
shall be for the new Federal Bureau of Investigation consolidated
headquarters facility in the National Capital Region.
DRUG ENFORCEMENT ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Drug Enforcement Administration, including not to exceed $70,000 to meet unforeseen emergencies of a confidential character pursuant to section 530C of
title 28, United States Code; and expenses for conducting drug
education and training programs, including travel and related
expenses for participants in such programs and the distribution
of items of token value that promote the goals of such programs,
$2,102,976,000, of which not to exceed $75,000,000 shall remain
available until expended and not to exceed $90,000 shall be available for official reception and representation expenses.
BUREAU
OF
ALCOHOL, TOBACCO, FIREARMS
AND
EXPLOSIVES
SALARIES AND EXPENSES
For necessary expenses of the Bureau of Alcohol, Tobacco, Firearms and Explosives, for training of State and local law enforcement
agencies with or without reimbursement, including training in
connection with the training and acquisition of canines for explosives and fire accelerants detection; and for provision of laboratory
assistance to State and local law enforcement agencies, with or
without reimbursement, $1,258,600,000, of which not to exceed
$36,000 shall be for official reception and representation expenses,
not to exceed $1,000,000 shall be available for the payment of
attorneys’ fees as provided by section 924(d)(2) of title 18, United
States Code, and not to exceed $20,000,000 shall remain available
until expended: Provided, That none of the funds appropriated
herein shall be available to investigate or act upon applications
for relief from Federal firearms disabilities under section 925(c)
of title 18, United States Code: Provided further, That such funds
shall be available to investigate and act upon applications filed
by corporations for relief from Federal firearms disabilities under
section 925(c) of title 18, United States Code: Provided further,
That no funds made available by this or any other Act may be
used to transfer the functions, missions, or activities of the Bureau
of Alcohol, Tobacco, Firearms and Explosives to other agencies
or Departments.
FEDERAL PRISON SYSTEM
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
42 USC 250a
note.
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For necessary expenses of the Federal Prison System for the
administration, operation, and maintenance of Federal penal and
correctional institutions, and for the provision of technical assistance and advice on corrections related issues to foreign governments, $7,008,800,000: Provided, That the Attorney General may
transfer to the Department of Health and Human Services such
amounts as may be necessary for direct expenditures by that
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Department for medical relief for inmates of Federal penal and
correctional institutions: Provided further, That the Director of the
Federal Prison System, where necessary, may enter into contracts
with a fiscal agent or fiscal intermediary claims processor to determine the amounts payable to persons who, on behalf of the Federal
Prison System, furnish health services to individuals committed
to the custody of the Federal Prison System: Provided further,
That not to exceed $5,400 shall be available for official reception
and representation expenses: Provided further, That not to exceed
$50,000,000 shall remain available for necessary operations until
September 30, 2018: Provided further, That, of the amounts provided for contract confinement, not to exceed $20,000,000 shall
remain available until expended to make payments in advance
for grants, contracts and reimbursable agreements, and other
expenses: Provided further, That the Director of the Federal Prison
System may accept donated property and services relating to the
operation of the prison card program from a not-for-profit entity
which has operated such program in the past, notwithstanding
the fact that such not-for-profit entity furnishes services under
contracts to the Federal Prison System relating to the operation
of pre-release services, halfway houses, or other custodial facilities.
Contracts.
Determination.
Contracts.
Grants.
BUILDINGS AND FACILITIES
For planning, acquisition of sites and construction of new facilities; purchase and acquisition of facilities and remodeling, and
equipping of such facilities for penal and correctional use, including
all necessary expenses incident thereto, by contract or force account;
and constructing, remodeling, and equipping necessary buildings
and facilities at existing penal and correctional institutions,
including all necessary expenses incident thereto, by contract or
force account, $130,000,000, to remain available until expended,
of which $50,000,000 shall be available only for costs related to
construction of new facilities: Provided, That labor of United States
prisoners may be used for work performed under this appropriation.
FEDERAL PRISON INDUSTRIES, INCORPORATED
The Federal Prison Industries, Incorporated, is hereby authorized to make such expenditures within the limits of funds and
borrowing authority available, and in accord with the law, and
to make such contracts and commitments without regard to fiscal
year limitations as provided by section 9104 of title 31, United
States Code, as may be necessary in carrying out the program
set forth in the budget for the current fiscal year for such corporation.
LIMITATION ON ADMINISTRATIVE EXPENSES, FEDERAL PRISON
INDUSTRIES, INCORPORATED
Not to exceed $2,700,000 of the funds of the Federal Prison
Industries, Incorporated, shall be available for its administrative
expenses, and for services as authorized by section 3109 of title
5, United States Code, to be computed on an accrual basis to
be determined in accordance with the corporation’s current prescribed accounting system, and such amounts shall be exclusive
of depreciation, payment of claims, and expenditures which such
accounting system requires to be capitalized or charged to cost
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of commodities acquired or produced, including selling and shipping
expenses, and expenses in connection with acquisition, construction,
operation, maintenance, improvement, protection, or disposition of
facilities and other property belonging to the corporation or in
which it has an interest.
STATE
AND
LOCAL LAW ENFORCEMENT ACTIVITIES
OFFICE
ON
VIOLENCE AGAINST WOMEN
VIOLENCE AGAINST WOMEN PREVENTION AND PROSECUTION
PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assistance for the prevention and prosecution of violence against women,
as authorized by the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) (‘‘the 1968 Act’’); the Violent
Crime Control and Law Enforcement Act of 1994 (Public Law
103–322) (‘‘the 1994 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647) (‘‘the 1990 Act’’); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
of 2003 (Public Law 108–21); the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5601 et seq.) (‘‘the 1974 Act’’);
the Victims of Trafficking and Violence Protection Act of 2000
(Public Law 106–386) (‘‘the 2000 Act’’); the Violence Against Women
and Department of Justice Reauthorization Act of 2005 (Public
Law 109–162) (‘‘the 2005 Act’’); the Violence Against Women
Reauthorization Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’);
and the Rape Survivor Child Custody Act of 2015 (Public Law
114–22) (‘‘the 2015 Act’’); and for related victims services,
$481,500,000, to remain available until expended, of which
$326,000,000 shall be derived by transfer from amounts available
for obligation in this Act from the Fund established by section
1402 of chapter XIV of title II of Public Law 98–473 (42 U.S.C.
10601), notwithstanding section 1402(d) of such Act of 1984, and
merged with the amounts otherwise made available under this
heading: Provided, That except as otherwise provided by law, not
to exceed 5 percent of funds made available under this heading
may be used for expenses related to evaluation, training, and technical assistance: Provided further, That of the amount provided—
(1) $215,000,000 is for grants to combat violence against
women, as authorized by part T of the 1968 Act;
(2) $30,000,000 is for transitional housing assistance grants
for victims of domestic violence, dating violence, stalking, or
sexual assault as authorized by section 40299 of the 1994
Act;
(3) $3,000,000 is for the National Institute of Justice for
research and evaluation of violence against women and related
issues addressed by grant programs of the Office on Violence
Against Women, which shall be transferred to ‘‘Research,
Evaluation and Statistics’’ for administration by the Office of
Justice Programs;
(4) $11,000,000 is for a grant program to provide services
to advocate for and respond to youth victims of domestic
violence, dating violence, sexual assault, and stalking; assistance to children and youth exposed to such violence; programs
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131 STAT. 201
to engage men and youth in preventing such violence; and
assistance to middle and high school students through education and other services related to such violence: Provided,
That unobligated balances available for the programs authorized by sections 41201, 41204, 41303, and 41305 of the 1994
Act, prior to its amendment by the 2013 Act, shall be available
for this program: Provided further, That 10 percent of the
total amount available for this grant program shall be available
for grants under the program authorized by section 2015 of
the 1968 Act: Provided further, That the definitions and grant
conditions in section 40002 of the 1994 Act shall apply to
this program;
(5) $53,000,000 is for grants to encourage arrest policies
as authorized by part U of the 1968 Act, of which $4,000,000
is for a homicide reduction initiative;
(6) $35,000,000 is for sexual assault victims assistance,
as authorized by section 41601 of the 1994 Act;
(7) $35,000,000 is for rural domestic violence and child
abuse enforcement assistance grants, as authorized by section
40295 of the 1994 Act;
(8) $20,000,000 is for grants to reduce violent crimes
against women on campus, as authorized by section 304 of
the 2005 Act;
(9) $45,000,000 is for legal assistance for victims, as authorized by section 1201 of the 2000 Act;
(10) $5,000,000 is for enhanced training and services to
end violence against and abuse of women in later life, as
authorized by section 40802 of the 1994 Act;
(11) $16,000,000 is for grants to support families in the
justice system, as authorized by section 1301 of the 2000 Act:
Provided, That unobligated balances available for the programs
authorized by section 1301 of the 2000 Act and section 41002
of the 1994 Act, prior to their amendment by the 2013 Act,
shall be available for this program;
(12) $6,000,000 is for education and training to end violence
against and abuse of women with disabilities, as authorized
by section 1402 of the 2000 Act;
(13) $500,000 is for the National Resource Center on Workplace Responses to assist victims of domestic violence, as
authorized by section 41501 of the 1994 Act;
(14) $1,000,000 is for analysis and research on violence
against Indian women, including as authorized by section 904
of the 2005 Act: Provided, That such funds may be transferred
to ‘‘Research, Evaluation and Statistics’’ for administration by
the Office of Justice Programs;
(15) $500,000 is for a national clearinghouse that provides
training and technical assistance on issues relating to sexual
assault of American Indian and Alaska Native women;
(16) $4,000,000 is for grants to assist tribal governments
in exercising special domestic violence criminal jurisdiction,
as authorized by section 904 of the 2013 Act: Provided, That
the grant conditions in section 40002(b) of the 1994 Act shall
apply to this program; and
(17) $1,500,000 for the purposes authorized under the 2015
Act.
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PUBLIC LAW 115–31—MAY 5, 2017
OFFICE
OF
JUSTICE PROGRAMS
RESEARCH, EVALUATION AND STATISTICS
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assistance authorized by title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (‘‘the 1968 Act’’); the Juvenile Justice and
Delinquency Prevention Act of 1974 (‘‘the 1974 Act’’); the Missing
Children’s Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial
Remedies and Other Tools to end the Exploitation of Children
Today Act of 2003 (Public Law 108–21); the Justice for All Act
of 2004 (Public Law 108–405); the Violence Against Women and
Department of Justice Reauthorization Act of 2005 (Public Law
109–162) (‘‘the 2005 Act’’); the Victims of Child Abuse Act of 1990
(Public Law 101–647); the Second Chance Act of 2007 (Public Law
110–199); the Victims of Crime Act of 1984 (Public Law 98–473);
the Adam Walsh Child Protection and Safety Act of 2006 (Public
Law 109–248) (‘‘the Adam Walsh Act’’); the PROTECT Our Children
Act of 2008 (Public Law 110–401); subtitle D of title II of the
Homeland Security Act of 2002 (Public Law 107–296) (‘‘the 2002
Act’’); the NICS Improvement Amendments Act of 2007 (Public
Law 110–180); the Violence Against Women Reauthorization Act
of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and other programs,
$89,000,000, to remain available until expended, of which—
(1) $45,500,000 is for criminal justice statistics programs,
and other activities, as authorized by part C of title I of the
1968 Act, of which $5,000,000 is for a nationwide incidentbased crime statistics program;
(2) $39,500,000 is for research, development, and evaluation
programs, and other activities as authorized by part B of title
I of the 1968 Act and subtitle D of title II of the 2002 Act,
of which $4,000,000 is for research targeted toward developing
a better understanding of the domestic radicalization phenomenon, and advancing evidence-based strategies for effective
intervention and prevention; and
(3) $4,000,000 is for activities to strengthen and enhance
the practice of forensic sciences, of which $3,000,000 is for
transfer to the National Institute of Standards and Technology
to support Scientific Area Committees.
STATE AND LOCAL LAW ENFORCEMENT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For grants, contracts, cooperative agreements, and other assistance authorized by the Violent Crime Control and Law Enforcement
Act of 1994 (Public Law 103–322) (‘‘the 1994 Act’’); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); the
Justice for All Act of 2004 (Public Law 108–405); the Victims
of Child Abuse Act of 1990 (Public Law 101–647) (‘‘the 1990 Act’’);
the Trafficking Victims Protection Reauthorization Act of 2005
(Public Law 109–164); the Violence Against Women and Department
of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the
2005 Act’’); the Adam Walsh Child Protection and Safety Act of
2006 (Public Law 109–248) (‘‘the Adam Walsh Act’’); the Victims
of Trafficking and Violence Protection Act of 2000 (Public Law
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131 STAT. 203
106–386); the NICS Improvement Amendments Act of 2007 (Public
Law 110–180); subtitle D of title II of the Homeland Security
Act of 2002 (Public Law 107–296) (‘‘the 2002 Act’’); the Second
Chance Act of 2007 (Public Law 110–199); the Prioritizing Resources
and Organization for Intellectual Property Act of 2008 (Public Law
110–403); the Victims of Crime Act of 1984 (Public Law 98–473);
the Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law 110–
416); the Violence Against Women Reauthorization Act of 2013
(Public Law 113–4) (‘‘the 2013 Act’’); the Comprehensive Addiction
and Recovery Act of 2016 (Public Law 114–198) (‘‘CARA’’); and
other programs, $1,258,500,000, to remain available until expended
as follows—
(1) $396,000,000 for the Edward Byrne Memorial Justice
Assistance Grant program as authorized by subpart 1 of part
E of title I of the 1968 Act (except that section 1001(c), and
the special rules for Puerto Rico under section 505(g) of title
I of the 1968 Act shall not apply for purposes of this Act),
of which, notwithstanding such subpart 1, $7,500,000 is for
the Officer Robert Wilson III Memorial Initiative on Preventing
Violence Against Law Enforcement Officer Resilience and
Survivability (VALOR), $5,000,000 is for an initiative to support
evidence-based policing, $2,500,000 is for an initiative to
enhance prosecutorial decision-making, $2,400,000 is for the
operationalization, maintenance and expansion of the National
Missing and Unidentified Persons System, $2,500,000 is for
a national training initiative to improve police-based responses
to people with mental illness or developmental disabilities,
$6,500,000 is for competitive and evidence-based programs to
reduce gun crime and gang violence, $2,000,000 is for a student
loan repayment assistance program pursuant to section 952
of Public Law 110–315, $2,500,000 is for the Capital Litigation
Improvement Grant Program, as authorized by section 426
of Public Law 108–405, and for grants for wrongful conviction
review, $10,500,000 is for prison rape prevention and prosecution grants to States and units of local government, and other
programs, as authorized by the Prison Rape Elimination Act
of 2003 (Public Law 108–79), and $20,000,000 is for the sole
purpose of providing reimbursement of extraordinary law
enforcement and related costs directly associated with protection of the President-elect incurred from November 9, 2016
until the inauguration of the President-elect as President: Provided, That reimbursement under the foregoing shall be provided only for costs that a State or local agency can document
as being over and above normal law enforcement operations
and directly attributable to the provision of protection described
herein: Provided further, That section 154 of the Continuing
Appropriations Act, 2017 (division C of Public Law 114–223),
as amended by the Further Continuing and Security Assistance
Appropriations Act, 2017 (Public Law 114–254), is amended
by inserting after ‘‘$7,000,000’’ the following: ‘‘, to remain available until September 30, 2017,’’;
(2) $210,000,000 for the State Criminal Alien Assistance
Program, as authorized by section 241(i)(5) of the Immigration
and Nationality Act (8 U.S.C. 1231(i)(5)): Provided, That no
jurisdiction shall request compensation for any cost greater
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130 Stat. 1006.
PUBL031
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PUBLIC LAW 115–31—MAY 5, 2017
than the actual cost for Federal immigration and other
detainees housed in State and local detention facilities;
(3) $45,000,000 for victim services programs for victims
of trafficking, as authorized by section 107(b)(2) of Public Law
106–386, for programs authorized under Public Law 109–164,
or programs authorized under Public Law 113–4;
(4) $13,000,000 for economic, high technology, white collar
and Internet crime prevention grants, including as authorized
by section 401 of Public Law 110–403;
(5) $20,000,000 for sex offender management assistance,
as authorized by the Adam Walsh Act, and related activities;
(6) $22,500,000 for the matching grant program for law
enforcement armor vests, as authorized by section 2501 of
title I of the 1968 Act: Provided, That $1,500,000 is transferred
directly to the National Institute of Standards and Technology’s
Office of Law Enforcement Standards for research, testing and
evaluation programs;
(7) $1,000,000 for the National Sex Offender Public
Website;
(8) $73,000,000 for grants to States to upgrade criminal
and mental health records for the National Instant Criminal
Background Check System, of which no less than $25,000,000
shall be for grants made under the authorities of the NICS
Improvement Amendments Act of 2007 (Public Law 110–180);
(9) $13,000,000 for Paul Coverdell Forensic Sciences
Improvement Grants under part BB of title I of the 1968
Act;
(10) $125,000,000 for DNA-related and forensic programs
and activities, of which—
(A) $117,000,000 is for a DNA analysis and capacity
enhancement program and for other local, State, and Federal forensic activities, including the purposes authorized
under section 2 of the DNA Analysis Backlog Elimination
Act of 2000 (Public Law 106–546) (the Debbie Smith DNA
Backlog Grant Program): Provided, That up to 4 percent
of funds made available under this paragraph may be
used for the purposes described in the DNA Training and
Education for Law Enforcement, Correctional Personnel,
and Court Officers program (Public Law 108–405, section
303);
(B) $4,000,000 is for the purposes described in the
Kirk Bloodsworth Post-Conviction DNA Testing Grant Program (Public Law 108–405, section 412); and
(C) $4,000,000 is for Sexual Assault Forensic Exam
Program grants, including as authorized by section 304
of Public Law 108–405;
(11) $45,000,000 for a grant program for community-based
sexual assault response reform;
(12) $9,000,000 for the court-appointed special advocate
program, as authorized by section 217 of the 1990 Act;
(13) $68,000,000 for offender reentry programs and
research, as authorized by the Second Chance Act of 2007
(Public Law 110–199), without regard to the time limitations
specified at section 6(1) of such Act, of which not to exceed
$6,000,000 is for a program to improve State, local, and tribal
probation or parole supervision efforts and strategies,
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131 STAT. 205
$5,000,000 is for Children of Incarcerated Parents Demonstrations to enhance and maintain parental and family relationships for incarcerated parents as a reentry or recidivism reduction strategy, and $4,000,000 is for additional replication sites
employing the Project HOPE Opportunity Probation with
Enforcement model implementing swift and certain sanctions
in probation, and for a research project on the effectiveness
of the model: Provided, That up to $7,500,000 of funds made
available in this paragraph may be used for performance-based
awards for Pay for Success projects, of which up to $5,000,000
shall be for Pay for Success programs implementing the Permanent Supportive Housing Model;
(14) $50,000,000 for the Comprehensive School Safety Initiative;
(15) $65,000,000 for initiatives to improve police-community
relations, of which $22,500,000 is for a competitive matching
grant program for purchases of body-worn cameras for State,
local and tribal law enforcement, $25,000,000 is for a justice
reinvestment initiative, for activities related to criminal justice
reform and recidivism reduction, and $17,500,000 is for an
Edward Byrne Memorial criminal justice innovation program;
and
(16) $103,000,000 for comprehensive opioid abuse reduction
activities, including as authorized by CARA, and for the following programs, which shall address opioid abuse reduction
consistent with underlying program authorities—
(A) $43,000,000 for Drug Courts, as authorized by section 1001(a)(25)(A) of title I of the 1968 Act;
(B) $12,000,000 for mental health courts and adult
and juvenile collaboration program grants, as authorized
by parts V and HH of title I of the 1968 Act, and the
Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2008 (Public Law
110–416);
(C) $14,000,000 for grants for Residential Substance
Abuse Treatment for State Prisoners, as authorized by
part S of title I of the 1968 Act;
(D) $7,000,000 for a veterans treatment courts program; and
(E) $14,000,000 for a program to monitor prescription
drugs and scheduled listed chemical products:
Provided, That, if a unit of local government uses any of the
funds made available under this heading to increase the number
of law enforcement officers, the unit of local government will achieve
a net gain in the number of law enforcement officers who perform
non-administrative public sector safety service.
JUVENILE JUSTICE PROGRAMS
For grants, contracts, cooperative agreements, and other assistance authorized by the Juvenile Justice and Delinquency Prevention
Act of 1974 (‘‘the 1974 Act’’); the Omnibus Crime Control and
Safe Streets Act of 1968 (‘‘the 1968 Act’’); the Violence Against
Women and Department of Justice Reauthorization Act of 2005
(Public Law 109–162) (‘‘the 2005 Act’’); the Missing Children’s
Assistance Act (42 U.S.C. 5771 et seq.); the Prosecutorial Remedies
and Other Tools to end the Exploitation of Children Today Act
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PUBLIC LAW 115–31—MAY 5, 2017
of 2003 (Public Law 108–21); the Victims of Child Abuse Act of
1990 (Public Law 101–647) (‘‘the 1990 Act’’); the Adam Walsh
Child Protection and Safety Act of 2006 (Public Law 109–248)
(‘‘the Adam Walsh Act’’); the PROTECT Our Children Act of 2008
(Public Law 110–401); the Violence Against Women Reauthorization
Act of 2013 (Public Law 113–4) (‘‘the 2013 Act’’); and other juvenile
justice programs, $247,000,000, to remain available until expended
as follows—
(1) $55,000,000 for programs authorized by section 221
of the 1974 Act, and for training and technical assistance
to assist small, nonprofit organizations with the Federal grants
process: Provided, That of the amounts provided under this
paragraph, $500,000 shall be for a competitive demonstration
grant program to support emergency planning among State,
local and tribal juvenile justice residential facilities;
(2) $80,000,000 for youth mentoring grants;
(3) $14,500,000 for delinquency prevention, as authorized
by section 505 of the 1974 Act, of which, pursuant to sections
261 and 262 thereof—
(A) $4,000,000 shall be for gang and youth violence
education, prevention and intervention, and related activities;
(B) $500,000 shall be for an Internet site providing
information and resources on children of incarcerated parents;
(C) $2,000,000 shall be for competitive grants focusing
on girls in the juvenile justice system; and
(D) $8,000,000 shall be for community-based violence
prevention initiatives, including for public health
approaches to reducing shootings and violence;
(4) $21,000,000 for programs authorized by the Victims
of Child Abuse Act of 1990;
(5) $72,500,000 for missing and exploited children programs, including as authorized by sections 404(b) and 405(a)
of the 1974 Act (except that section 102(b)(4)(B) of the PROTECT Our Children Act of 2008 (Public Law 110–401) shall
not apply for purposes of this Act);
(6) $2,000,000 for child abuse training programs for judicial
personnel and practitioners, as authorized by section 222 of
the 1990 Act; and
(7) $2,000,000 for a program to improve juvenile indigent
defense:
Provided, That not more than 10 percent of each amount may
be used for research, evaluation, and statistics activities designed
to benefit the programs or activities authorized: Provided further,
That not more than 2 percent of the amounts designated under
paragraphs (1) through (4) and (6) may be used for training and
technical assistance: Provided further, That the two preceding provisos shall not apply to grants and projects administered pursuant
to sections 261 and 262 of the 1974 Act and to missing and exploited
children programs.
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131 STAT. 207
PUBLIC SAFETY OFFICER BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For payments and expenses authorized under section 1001(a)(4)
of title I of the Omnibus Crime Control and Safe Streets Act
of 1968, such sums as are necessary (including amounts for administrative costs), to remain available until expended; and $16,300,000
for payments authorized by section 1201(b) of such Act and for
educational assistance authorized by section 1218 of such Act, to
remain available until expended: Provided, That notwithstanding
section 205 of this Act, upon a determination by the Attorney
General that emergent circumstances require additional funding
for such disability and education payments, the Attorney General
may transfer such amounts to ‘‘Public Safety Officer Benefits’’ from
available appropriations for the Department of Justice as may
be necessary to respond to such circumstances: Provided further,
That any transfer pursuant to the preceding proviso shall be treated
as a reprogramming under section 505 of this Act and shall not
be available for obligation or expenditure except in compliance
with the procedures set forth in that section.
Determination.
Transfer
authority.
COMMUNITY ORIENTED POLICING SERVICES
COMMUNITY ORIENTED POLICING SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For activities authorized by the Violent Crime Control and
Law Enforcement Act of 1994 (Public Law 103–322); the Omnibus
Crime Control and Safe Streets Act of 1968 (‘‘the 1968 Act’’); and
the Violence Against Women and Department of Justice Reauthorization Act of 2005 (Public Law 109–162) (‘‘the 2005 Act’’),
$221,500,000, to remain available until expended: Provided, That
any balances made available through prior year deobligations shall
only be available in accordance with section 505 of this Act: Provided
further, That of the amount provided under this heading—
(1) $10,000,000 is for anti-methamphetamine-related activities, which shall be transferred to the Drug Enforcement
Administration upon enactment of this Act;
(2) $194,500,000 is for grants under section 1701 of title
I of the 1968 Act (42 U.S.C. 3796dd) for the hiring and rehiring
of additional career law enforcement officers under part Q
of such title notwithstanding subsection (i) of such section:
Provided, That, notwithstanding section 1704(c) of such title
(42 U.S.C. 3796dd–3(c)), funding for hiring or rehiring a career
law enforcement officer may not exceed $125,000 unless the
Director of the Office of Community Oriented Policing Services
grants a waiver from this limitation: Provided further, That
of the amounts appropriated under this paragraph, $5,000,000
is for community policing development activities in furtherance
of the purposes in section 1701: Provided further, That within
the amounts appropriated under this paragraph, $10,000,000
is for the collaborative reform model of technical assistance
in furtherance of the purposes in section 1701: Provided further,
That of the amounts appropriated under this paragraph
$35,000,000 is for regional information sharing activities, as
authorized by part M of title I of the 1968 Act, which shall
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Waiver.
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PUBLIC LAW 115–31—MAY 5, 2017
be transferred to and merged with ‘‘Research, Evaluation, and
Statistics’’ for administration by the Office of Justice Programs:
Provided further, That of the amounts appropriated under this
paragraph, $7,500,000 is for activities authorized by the
POLICE Act of 2016 (Public Law 114–199);
(3) $7,000,000 is for competitive grants to State law enforcement agencies in States with high seizures of precursor chemicals, finished methamphetamine, laboratories, and laboratory
dump seizures: Provided, That funds appropriated under this
paragraph shall be utilized for investigative purposes to locate
or investigate illicit activities, including precursor diversion,
laboratories, or methamphetamine traffickers; and
(4) $10,000,000 is for competitive grants to statewide law
enforcement agencies in States with high rates of primary
treatment admissions for heroin and other opioids: Provided,
That these funds shall be utilized for investigative purposes
to locate or investigate illicit activities, including activities
related to the distribution of heroin or unlawful distribution
of prescription opioids, or unlawful heroin and prescription
opioid traffickers through statewide collaboration.
GENERAL PROVISIONS—DEPARTMENT
OF
JUSTICE
(INCLUDING TRANSFER OF FUNDS)
Abortion.
Abortion.
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SEC. 201. In addition to amounts otherwise made available
in this title for official reception and representation expenses, a
total of not to exceed $50,000 from funds appropriated to the Department of Justice in this title shall be available to the Attorney
General for official reception and representation expenses.
SEC. 202. None of the funds appropriated by this title shall
be available to pay for an abortion, except where the life of the
mother would be endangered if the fetus were carried to term,
or in the case of rape or incest: Provided, That should this prohibition be declared unconstitutional by a court of competent jurisdiction, this section shall be null and void.
SEC. 203. None of the funds appropriated under this title shall
be used to require any person to perform, or facilitate in any
way the performance of, any abortion.
SEC. 204. Nothing in the preceding section shall remove the
obligation of the Director of the Bureau of Prisons to provide escort
services necessary for a female inmate to receive such service outside the Federal facility: Provided, That nothing in this section
in any way diminishes the effect of section 203 intended to address
the philosophical beliefs of individual employees of the Bureau
of Prisons.
SEC. 205. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of Justice
in this Act may be transferred between such appropriations, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by any such transfers:
Provided, That any transfer pursuant to this section shall be treated
as a reprogramming of funds under section 505 of this Act and
shall not be available for obligation except in compliance with
the procedures set forth in that section.
SEC. 206. None of the funds made available under this title
may be used by the Federal Bureau of Prisons or the United
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131 STAT. 209
States Marshals Service for the purpose of transporting an individual who is a prisoner pursuant to conviction for crime under
State or Federal law and is classified as a maximum or high
security prisoner, other than to a prison or other facility certified
by the Federal Bureau of Prisons as appropriately secure for
housing such a prisoner.
SEC. 207. (a) None of the funds appropriated by this Act may
be used by Federal prisons to purchase cable television services,
or to rent or purchase audiovisual or electronic media or equipment
used primarily for recreational purposes.
(b) Subsection (a) does not preclude the rental, maintenance,
or purchase of audiovisual or electronic media or equipment for
inmate training, religious, or educational programs.
SEC. 208. None of the funds made available under this title
shall be obligated or expended for any new or enhanced information
technology program having total estimated development costs in
excess of $100,000,000, unless the Deputy Attorney General and
the investment review board certify to the Committees on Appropriations of the House of Representatives and the Senate that
the information technology program has appropriate program
management controls and contractor oversight mechanisms in place,
and that the program is compatible with the enterprise architecture
of the Department of Justice.
SEC. 209. The notification thresholds and procedures set forth
in section 505 of this Act shall apply to deviations from the amounts
designated for specific activities in this Act and in the explanatory
statement described in section 4 (in the matter preceding division
A of this consolidated Act), and to any use of deobligated balances
of funds provided under this title in previous years.
SEC. 210. None of the funds appropriated by this Act may
be used to plan for, begin, continue, finish, process, or approve
a public-private competition under the Office of Management and
Budget Circular A–76 or any successor administrative regulation,
directive, or policy for work performed by employees of the Bureau
of Prisons or of Federal Prison Industries, Incorporated.
SEC. 211. Notwithstanding any other provision of law, no funds
shall be available for the salary, benefits, or expenses of any United
States Attorney assigned dual or additional responsibilities by the
Attorney General or his designee that exempt that United States
Attorney from the residency requirements of section 545 of title
28, United States Code.
SEC. 212. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized to be made available) by law, with respect to funds appropriated
by this title under the headings ‘‘Research, Evaluation and Statistics’’, ‘‘State and Local Law Enforcement Assistance’’, and ‘‘Juvenile
Justice Programs’’—
(1) up to 3 percent of funds made available to the Office
of Justice Programs for grant or reimbursement programs may
be used by such Office to provide training and technical assistance; and
(2) up to 2 percent of funds made available for grant
or reimbursement programs under such headings, except for
amounts appropriated specifically for research, evaluation, or
statistical programs administered by the National Institute
of Justice and the Bureau of Justice Statistics, shall be transferred to and merged with funds provided to the National
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Certification.
Applicability.
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PUBLIC LAW 115–31—MAY 5, 2017
Institute of Justice and the Bureau of Justice Statistics, to
be used by them for research, evaluation, or statistical purposes,
without regard to the authorizations for such grant or
reimbursement programs.
SEC. 213. At the discretion of the Attorney General, and in
addition to any amounts that otherwise may be available (or authorized to be made available) by law, up to 7 percent of funds made
available for grant or reimbursement programs—
(1) under the heading ‘‘State and Local Law Enforcement
Assistance’’ (except for funds made available under paragraphs
(1), (2), and (16) under such heading); and
(2) under the headings ‘‘Juvenile Justice Programs’’ (except
for funds made available under paragraph (5) under such
heading) and ‘‘Community Oriented Policing Services Programs’’, to be transferred to and merged with funds made
available under the heading ‘‘State and Local Law Enforcement
Assistance’’,
shall be available for tribal criminal justice assistance without
regard to the authorizations for such grant or reimbursement programs.
SEC. 214. Upon request by a grantee for whom the Attorney
General has determined there is a fiscal hardship, the Attorney
General may, with respect to funds appropriated in this or any
other Act making appropriations for fiscal years 2014 through 2017
for the following programs, waive the following requirements:
(1) For the adult and juvenile offender State and local
reentry demonstration projects under part FF of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797w(g)(1)), the requirements under section 2976(g)(1) of such
part.
(2) For State, Tribal, and local reentry courts under part
FF of title I of such Act of 1968 (42 U.S.C. 3797w–2(e)(1)
and (2)), the requirements under section 2978(e)(1) and (2)
of such part.
(3) For the prosecution drug treatment alternatives to
prison program under part CC of title I of such Act of 1968
(42 U.S.C. 3797q–3), the requirements under section 2904 of
such part.
(4) For grants to protect inmates and safeguard communities as authorized by section 6 of the Prison Rape Elimination
Act of 2003 (42 U.S.C. 15605(c)(3)), the requirements of section
6(c)(3) of such Act.
SEC. 215. Notwithstanding any other provision of law, section
20109(a) of subtitle A of title II of the Violent Crime Control
and Law Enforcement Act of 1994 (42 U.S.C. 13709(a)) shall not
apply to amounts made available by this or any other Act.
SEC. 216. None of the funds made available under this Act,
other than for the national instant criminal background check
system established under section 103 of the Brady Handgun
Violence Prevention Act (18 U.S.C. 922 note), may be used by
a Federal law enforcement officer to facilitate the transfer of an
operable firearm to an individual if the Federal law enforcement
officer knows or suspects that the individual is an agent of a
drug cartel, unless law enforcement personnel of the United States
continuously monitor or control the firearm at all times.
SEC. 217. (a) None of the income retained in the Department
of Justice Working Capital Fund pursuant to title I of Public Law
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131 STAT. 211
102–140 (105 Stat. 784; 28 U.S.C. 527 note) shall be available
for obligation during fiscal year 2017, except up to $40,000,000
may be obligated for implementation of a unified Department of
Justice financial management system.
(b) Not to exceed $30,000,000 of the unobligated balances transferred to the capital account of the Department of Justice Working
Capital Fund pursuant to title I of Public Law 102–140 (105 Stat.
784; 28 U.S.C. 527 note) shall be available for obligation in fiscal
year 2017, and any use, obligation, transfer or allocation of such
funds shall be treated as a reprogramming of funds under section
505 of this Act.
(c) Not to exceed $10,000,000 of the excess unobligated balances
available under section 524(c)(8)(E) of title 28, United States Code,
shall be available for obligation during fiscal year 2017, and any
use, obligation, transfer or allocation of such funds shall be treated
as a reprogramming of funds under section 505 of this Act.
SEC. 218. Discretionary funds that are made available in this
Act for the Office of Justice Programs may be used to participate
in Performance Partnership Pilots authorized under section 526
of division H of Public Law 113–76, section 524 of division G
of Public Law 113–235, section 525 of division H of Public Law
114–113, and such authorities as are enacted for Performance Partnership Pilots in an appropriations Act for fiscal year 2017.
SEC. 219. In addition to any other transfer authority available
to the Department of Justice, for fiscal years 2017 through 2022,
unobligated balances available in the Department of Justice
Working Capital Fund pursuant to title I of Public Law 102–
140 (105 Stat. 784; 28 U.S.C. 527 note) may be transferred to
the ‘‘Federal Bureau of Investigation, Construction’’ account, to
remain available until expended for the new Federal Bureau of
Investigation headquarters in the National Capital Region: Provided, That the cumulative total amount of funds transferred from
the Working Capital Fund from fiscal year 2017 through 2022
pursuant to this section shall not exceed $315,000,000: Provided
further, That transfers pursuant to this section shall not count
against any ceiling on the use of unobligated balances transferred
to the capital account of the Working Capital Fund in this or
any other Act in any such fiscal year: Provided further, That any
transfer pursuant to this section shall be treated as a reprogramming under section 505 of this Act and shall not be available
for obligation or expenditure except in compliance with the procedures set forth in that section.
This title may be cited as the ‘‘Department of Justice Appropriations Act, 2017’’.
TITLE III
Science
Appropriations
Act, 2017.
SCIENCE
OFFICE
OF
SCIENCE
AND
TECHNOLOGY POLICY
For necessary expenses of the Office of Science and Technology
Policy, in carrying out the purposes of the National Science and
Technology Policy, Organization, and Priorities Act of 1976 (42
U.S.C. 6601 et seq.), hire of passenger motor vehicles, and services
as authorized by section 3109 of title 5, United States Code, not
to exceed $2,250 for official reception and representation expenses,
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PUBLIC LAW 115–31—MAY 5, 2017
and rental of conference rooms in the District of Columbia,
$5,555,000.
NATIONAL AERONAUTICS
AND
SPACE ADMINISTRATION
SCIENCE
Determination.
Notification.
Plan.
Deadlines.
Budget profile.
For necessary expenses, not otherwise provided for, in the
conduct and support of science research and development activities,
including research, development, operations, support, and services;
maintenance and repair, facility planning and design; space flight,
spacecraft control, and communications activities; program management; personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $5,764,900,000, to remain
available until September 30, 2018: Provided, That the formulation
and development costs (with development cost as defined under
section 30104 of title 51, United States Code) for the James Webb
Space Telescope shall not exceed $8,000,000,000: Provided further,
That should the individual identified under subsection (c)(2)(E)
of section 30104 of title 51, United States Code, as responsible
for the James Webb Space Telescope determine that the development cost of the program is likely to exceed that limitation, the
individual shall immediately notify the Administrator and the
increase shall be treated as if it meets the 30 percent threshold
described in subsection (f) of section 30104: Provided further, That,
of the amounts provided, $275,000,000 is for an orbiter and a
lander to meet the science goals for the Jupiter Europa mission
as outlined in the most recent planetary science decadal survey:
Provided further, That the National Aeronautics and Space
Administration shall use the Space Launch System as the launch
vehicle or vehicles for the Jupiter Europa mission, plan for an
orbiter launch no later than 2022 and a lander launch no later
than 2024, and include in the fiscal year 2018 budget the 5-year
funding profile necessary to achieve these goals.
AERONAUTICS
For necessary expenses, not otherwise provided for, in the
conduct and support of aeronautics research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$660,000,000, to remain available until September 30, 2018.
SPACE TECHNOLOGY
For necessary expenses, not otherwise provided for, in the
conduct and support of space technology research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
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131 STAT. 213
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$686,500,000, to remain available until September 30, 2018: Provided, That $130,000,000 shall be for the RESTORE satellite servicing program for continuation of formulation and development
activities for RESTORE and such funds shall not support activities
solely needed for the asteroid redirect mission.
EXPLORATION
For necessary expenses, not otherwise provided for, in the
conduct and support of exploration research and development activities, including research, development, operations, support, and services; maintenance and repair, facility planning and design; space
flight, spacecraft control, and communications activities; program
management; personnel and related costs, including uniforms or
allowances therefor, as authorized by sections 5901 and 5902 of
title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; and purchase, lease, charter, maintenance, and operation of mission and administrative aircraft,
$4,324,000,000, to remain available until September 30, 2018: Provided, That not less than $1,350,000,000 shall be for the Orion
Multi-Purpose Crew Vehicle: Provided further, That not less than
$2,150,000,000 shall be for the Space Launch System (SLS) launch
vehicle, which shall have a lift capability not less than 130 metric
tons and which shall have core elements and an Exploration Upper
Stage developed simultaneously: Provided further, That of the
amounts provided for SLS, not less than $300,000,000 shall be
for Exploration Upper Stage development: Provided further, That
$429,000,000 shall be for exploration ground systems: Provided
further, That the National Aeronautics and Space Administration
(NASA) shall provide to the Committees on Appropriations of the
House of Representatives and the Senate, concurrent with the
annual budget submission, a 5-year budget profile for an integrated
budget that includes the Space Launch System, the Orion MultiPurpose Crew Vehicle, and associated ground systems, that will
meet the Exploration Mission 2 (EM–2) management agreement
launch date of no later than 2021 at a success level equal to
the Agency Baseline Commitment for EM–2 of the Orion MultiPurpose Crew Vehicle: Provided further, That $395,000,000 shall
be for exploration research and development.
Budget profile.
Deadline.
SPACE OPERATIONS
For necessary expenses, not otherwise provided for, in the
conduct and support of space operations research and development
activities, including research, development, operations, support and
services; space flight, spacecraft control and communications activities, including operations, production, and services; maintenance
and repair, facility planning and design; program management;
personnel and related costs, including uniforms or allowances
therefor, as authorized by sections 5901 and 5902 of title 5, United
States Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance and operation
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131 STAT. 214
PUBLIC LAW 115–31—MAY 5, 2017
of mission and administrative aircraft, $4,950,700,000, to remain
available until September 30, 2018.
EDUCATION
For necessary expenses, not otherwise provided for, in the
conduct and support of aerospace and aeronautical education
research and development activities, including research, development, operations, support, and services; program management; personnel and related costs, including uniforms or allowances therefor,
as authorized by sections 5901 and 5902 of title 5, United States
Code; travel expenses; purchase and hire of passenger motor
vehicles; and purchase, lease, charter, maintenance, and operation
of mission and administrative aircraft, $100,000,000, to remain
available until September 30, 2018, of which $18,000,000 shall
be for the Experimental Program to Stimulate Competitive Research
and $40,000,000 shall be for the National Space Grant College
and Fellowship Program.
SAFETY, SECURITY AND MISSION SERVICES
For necessary expenses, not otherwise provided for, in the
conduct and support of science, aeronautics, space technology, exploration, space operations and education research and development
activities, including research, development, operations, support, and
services; maintenance and repair, facility planning and design;
space flight, spacecraft control, and communications activities; program management; personnel and related costs, including uniforms
or allowances therefor, as authorized by sections 5901 and 5902
of title 5, United States Code; travel expenses; purchase and hire
of passenger motor vehicles; not to exceed $63,000 for official reception and representation expenses; and purchase, lease, charter,
maintenance, and operation of mission and administrative aircraft,
$2,768,600,000, to remain available until September 30, 2018.
CONSTRUCTION AND ENVIRONMENTAL COMPLIANCE AND RESTORATION
Contracts.
Time period.
51 USC 20145
note.
51 USC 30103.
For necessary expenses for construction of facilities including
repair, rehabilitation, revitalization, and modification of facilities,
construction of new facilities and additions to existing facilities,
facility planning and design, and restoration, and acquisition or
condemnation of real property, as authorized by law, and environmental compliance and restoration, $360,700,000, to remain available until September 30, 2022: Provided, That proceeds from leases
deposited into this account shall be available for a period of 5
years to the extent and in amounts as provided in annual appropriations Acts: Provided further, That such proceeds referred to in
the preceding proviso shall be available for obligation for fiscal
year 2017 in an amount not to exceed $9,470,300: Provided further,
That each annual budget request shall include an annual estimate
of gross receipts and collections and proposed use of all funds
collected pursuant to section 20145 of title 51, United States Code.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $37,900,000, of
which $500,000 shall remain available until September 30, 2018.
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131 STAT. 215
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
Funds for any announced prize otherwise authorized shall
remain available, without fiscal year limitation, until a prize is
claimed or the offer is withdrawn.
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Aeronautics and Space
Administration in this Act may be transferred between such appropriations, but no such appropriation, except as otherwise specifically
provided, shall be increased by more than 10 percent by any such
transfers, except that ‘‘Construction and Environmental Compliance
and Restoration’’ may be increased up to 15 percent by such transfers. Balances so transferred shall be merged with and available
for the same purposes and the same time period as the appropriations to which transferred. Any transfer pursuant to this provision
shall be treated as a reprogramming of funds under section 505
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
The spending plan required by this Act shall be provided by
NASA at the theme, program, project and activity level. The
spending plan, as well as any subsequent change of an amount
established in that spending plan that meets the notification
requirements of section 505 of this Act, shall be treated as a
reprogramming under section 505 of this Act and shall not be
available for obligation or expenditure except in compliance with
the procedures set forth in that section.
NATIONAL SCIENCE FOUNDATION
RESEARCH AND RELATED ACTIVITIES
For necessary expenses in carrying out the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), and Public Law
86–209 (42 U.S.C. 1880 et seq.); services as authorized by section
3109 of title 5, United States Code; maintenance and operation
of aircraft and purchase of flight services for research support;
acquisition of aircraft; and authorized travel; $6,033,645,000, to
remain available until September 30, 2018, of which not to exceed
$544,000,000 shall remain available until expended for polar
research and operations support, and for reimbursement to other
Federal agencies for operational and science support and logistical
and other related activities for the United States Antarctic program:
Provided, That receipts for scientific support services and materials
furnished by the National Research Centers and other National
Science Foundation supported research facilities may be credited
to this appropriation.
MAJOR RESEARCH EQUIPMENT AND FACILITIES CONSTRUCTION
For necessary expenses for the acquisition, construction,
commissioning, and upgrading of major research equipment, facilities, and other such capital assets pursuant to the National Science
Foundation Act of 1950 (42 U.S.C. 1861 et seq.), including authorized travel, $209,000,000, to remain available until expended.
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131 STAT. 216
PUBLIC LAW 115–31—MAY 5, 2017
EDUCATION AND HUMAN RESOURCES
For necessary expenses in carrying out science, mathematics
and engineering education and human resources programs and
activities pursuant to the National Science Foundation Act of 1950
(42 U.S.C. 1861 et seq.), including services as authorized by section
3109 of title 5, United States Code, authorized travel, and rental
of conference rooms in the District of Columbia, $880,000,000, to
remain available until September 30, 2018.
AGENCY OPERATIONS AND AWARD MANAGEMENT
For agency operations and award management necessary in
carrying out the National Science Foundation Act of 1950 (42 U.S.C.
1861 et seq.); services authorized by section 3109 of title 5, United
States Code; hire of passenger motor vehicles; uniforms or allowances therefor, as authorized by sections 5901 and 5902 of title
5, United States Code; rental of conference rooms in the District
of Columbia; and reimbursement of the Department of Homeland
Security for security guard services; $330,000,000: Provided, That
not to exceed $8,280 is for official reception and representation
expenses: Provided further, That contracts may be entered into
under this heading in fiscal year 2017 for maintenance and operation of facilities and for other services to be provided during
the next fiscal year: Provided further, That of the amount provided
for costs associated with the acquisition, occupancy, and related
costs of new headquarters space, not more than $40,700,000 shall
remain available until expended.
OFFICE OF THE NATIONAL SCIENCE BOARD
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms in the District of Columbia, and the employment of experts
and consultants under section 3109 of title 5, United States Code)
involved in carrying out section 4 of the National Science Foundation Act of 1950 (42 U.S.C. 1863) and Public Law 86–209 (42
U.S.C. 1880 et seq.), $4,370,000: Provided, That not to exceed
$2,500 shall be available for official reception and representation
expenses.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General as
authorized by the Inspector General Act of 1978, $15,200,000, of
which $400,000 shall remain available until September 30, 2018.
ADMINISTRATIVE PROVISION
(INCLUDING TRANSFER OF FUNDS)
Not to exceed 5 percent of any appropriation made available
for the current fiscal year for the National Science Foundation
in this Act may be transferred between such appropriations, but
no such appropriation shall be increased by more than 15 percent
by any such transfers. Any transfer pursuant to this paragraph
shall be treated as a reprogramming of funds under section 505
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131 STAT. 217
of this Act and shall not be available for obligation except in
compliance with the procedures set forth in that section.
This title may be cited as the ‘‘Science Appropriations Act,
2017’’.
TITLE IV
RELATED AGENCIES
COMMISSION
ON
CIVIL RIGHTS
SALARIES AND EXPENSES
For necessary expenses of the Commission on Civil Rights,
including hire of passenger motor vehicles, $9,200,000: Provided,
That none of the funds appropriated in this paragraph may be
used to employ any individuals under Schedule C of subpart C
of part 213 of title 5 of the Code of Federal Regulations exclusive
of one special assistant for each Commissioner: Provided further,
That none of the funds appropriated in this paragraph shall be
used to reimburse Commissioners for more than 75 billable days,
with the exception of the chairperson, who is permitted 125 billable
days: Provided further, That none of the funds appropriated in
this paragraph shall be used for any activity or expense that is
not explicitly authorized by section 3 of the Civil Rights Commission
Act of 1983 (42 U.S.C. 1975a).
EQUAL EMPLOYMENT OPPORTUNITY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Equal Employment Opportunity
Commission as authorized by title VII of the Civil Rights Act
of 1964, the Age Discrimination in Employment Act of 1967, the
Equal Pay Act of 1963, the Americans with Disabilities Act of
1990, section 501 of the Rehabilitation Act of 1973, the Civil Rights
Act of 1991, the Genetic Information Nondiscrimination Act (GINA)
of 2008 (Public Law 110–233), the ADA Amendments Act of 2008
(Public Law 110–325), and the Lilly Ledbetter Fair Pay Act of
2009 (Public Law 111–2), including services as authorized by section
3109 of title 5, United States Code; hire of passenger motor vehicles
as authorized by section 1343(b) of title 31, United States Code;
nonmonetary awards to private citizens; and up to $29,500,000
for payments to State and local enforcement agencies for authorized
services to the Commission, $364,500,000: Provided, That the
Commission is authorized to make available for official reception
and representation expenses not to exceed $2,250 from available
funds: Provided further, That the Commission may take no action
to implement any workforce repositioning, restructuring, or reorganization until such time as the Committees on Appropriations of
the House of Representatives and the Senate have been notified
of such proposals, in accordance with the reprogramming requirements of section 505 of this Act: Provided further, That the Chair
is authorized to accept and use any gift or donation to carry out
the work of the Commission.
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Workforce
proposal.
Notification.
PUBL031
131 STAT. 218
PUBLIC LAW 115–31—MAY 5, 2017
INTERNATIONAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the International Trade Commission,
including hire of passenger motor vehicles and services as authorized by section 3109 of title 5, United States Code, and not to
exceed $2,250 for official reception and representation expenses,
$91,500,000, to remain available until expended.
LEGAL SERVICES CORPORATION
PAYMENT TO THE LEGAL SERVICES CORPORATION
Locality pay.
For payment to the Legal Services Corporation to carry out
the purposes of the Legal Services Corporation Act of 1974,
$385,000,000, of which $352,000,000 is for basic field programs
and required independent audits; $5,000,000 is for the Office of
Inspector General, of which such amounts as may be necessary
may be used to conduct additional audits of recipients; $19,000,000
is for management and grants oversight; $4,000,000 is for client
self-help and information technology; $4,000,000 is for a Pro Bono
Innovation Fund; and $1,000,000 is for loan repayment assistance:
Provided, That the Legal Services Corporation may continue to
provide locality pay to officers and employees at a rate no greater
than that provided by the Federal Government to Washington,
DC-based employees as authorized by section 5304 of title 5, United
States Code, notwithstanding section 1005(d) of the Legal Services
Corporation Act (42 U.S.C. 2996(d)): Provided further, That the
authorities provided in section 205 of this Act shall be applicable
to the Legal Services Corporation: Provided further, That, for the
purposes of section 505 of this Act, the Legal Services Corporation
shall be considered an agency of the United States Government.
ADMINISTRATIVE PROVISION—LEGAL SERVICES CORPORATION
None of the funds appropriated in this Act to the Legal Services
Corporation shall be expended for any purpose prohibited or limited
by, or contrary to any of the provisions of, sections 501, 502,
503, 504, 505, and 506 of Public Law 105–119, and all funds
appropriated in this Act to the Legal Services Corporation shall
be subject to the same terms and conditions set forth in such
sections, except that all references in sections 502 and 503 to
1997 and 1998 shall be deemed to refer instead to 2016 and 2017,
respectively.
MARINE MAMMAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Marine Mammal Commission
as authorized by title II of the Marine Mammal Protection Act
of 1972 (16 U.S.C. 1361 et seq.), $3,431,000.
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PUBLIC LAW 115–31—MAY 5, 2017
OFFICE
OF THE
131 STAT. 219
UNITED STATES TRADE REPRESENTATIVE
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of the United States Trade
Representative, including the hire of passenger motor vehicles and
the employment of experts and consultants as authorized by section
3109 of title 5, United States Code, $62,000,000, of which $1,000,000
shall remain available until expended: Provided, That of the total
amount made available under this heading, up to $15,000,000 may
be derived from the Trade Enforcement Trust Fund established
in subsection (a) of section 611 of the Trade Facilitation and Trade
Enforcement Act of 2015 (19 U.S.C. 4405) for activities of the
United States Trade Representative authorized by subsection (d)
of such section, including transfers: Provided further, That any
transfer pursuant to paragraph (1) of such subsection (d) shall
be treated as a reprogramming under section 505 of this Act:
Provided further, That of the total amount made available under
this heading, not to exceed $124,000 shall be available for official
reception and representation expenses.
STATE JUSTICE INSTITUTE
SALARIES AND EXPENSES
For necessary expenses of the State Justice Institute, as authorized by the State Justice Institute Act of 1984 (42 U.S.C. 10701
et seq.) $5,121,000, of which $500,000 shall remain available until
September 30, 2018: Provided, That not to exceed $2,250 shall
be available for official reception and representation expenses: Provided further, That, for the purposes of section 505 of this Act,
the State Justice Institute shall be considered an agency of the
United States Government.
TITLE V
GENERAL PROVISIONS
(INCLUDING RESCISSIONS)
(INCLUDING TRANSFER OF FUNDS)
SEC. 501. No part of any appropriation contained in this Act
shall be used for publicity or propaganda purposes not authorized
by the Congress.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code, shall be limited
to those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued pursuant to existing law.
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Contracts.
PUBL031
131 STAT. 220
Notification.
Deadline.
Labeling.
Contracts.
Definition.
Deadlines.
Reports.
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PUBLIC LAW 115–31—MAY 5, 2017
SEC. 504. If any provision of this Act or the application of
such provision to any person or circumstances shall be held invalid,
the remainder of the Act and the application of each provision
to persons or circumstances other than those as to which it is
held invalid shall not be affected thereby.
SEC. 505. None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2017, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds that: (1) creates
or initiates a new program, project or activity; (2) eliminates a
program, project or activity; (3) increases funds or personnel by
any means for any project or activity for which funds have been
denied or restricted; (4) relocates an office or employees; (5) reorganizes or renames offices, programs or activities; (6) contracts out
or privatizes any functions or activities presently performed by
Federal employees; (7) augments existing programs, projects or
activities in excess of $500,000 or 10 percent, whichever is less,
or reduces by 10 percent funding for any program, project or
activity, or numbers of personnel by 10 percent; or (8) results
from any general savings, including savings from a reduction in
personnel, which would result in a change in existing programs,
projects or activities as approved by Congress; unless the House
and Senate Committees on Appropriations are notified 15 days
in advance of such reprogramming of funds.
SEC. 506. (a) If it has been finally determined by a court
or Federal agency that any person intentionally affixed a label
bearing a ‘‘Made in America’’ inscription, or any inscription with
the same meaning, to any product sold in or shipped to the United
States that is not made in the United States, the person shall
be ineligible to receive any contract or subcontract made with
funds made available in this Act, pursuant to the debarment,
suspension, and ineligibility procedures described in sections 9.400
through 9.409 of title 48, Code of Federal Regulations.
(b)(1) To the extent practicable, with respect to authorized
purchases of promotional items, funds made available by this Act
shall be used to purchase items that are manufactured, produced,
or assembled in the United States, its territories or possessions.
(2) The term ‘‘promotional items’’ has the meaning given the
term in OMB Circular A–87, Attachment B, Item (1)(f)(3).
SEC. 507. (a) The Departments of Commerce and Justice, the
National Science Foundation, and the National Aeronautics and
Space Administration shall provide to the Committees on Appropriations of the House of Representatives and the Senate a quarterly
report on the status of balances of appropriations at the account
level. For unobligated, uncommitted balances and unobligated, committed balances the quarterly reports shall separately identify the
amounts attributable to each source year of appropriation from
which the balances were derived. For balances that are obligated,
but unexpended, the quarterly reports shall separately identify
amounts by the year of obligation.
(b) The report described in subsection (a) shall be submitted
within 30 days of the end of each quarter.
(c) If a department or agency is unable to fulfill any aspect
of a reporting requirement described in subsection (a) due to a
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 221
limitation of a current accounting system, the department or agency
shall fulfill such aspect to the maximum extent practicable under
such accounting system and shall identify and describe in each
quarterly report the extent to which such aspect is not fulfilled.
SEC. 508. Any costs incurred by a department or agency funded
under this Act resulting from, or to prevent, personnel actions
taken in response to funding reductions included in this Act shall
be absorbed within the total budgetary resources available to such
department or agency: Provided, That the authority to transfer
funds between appropriations accounts as may be necessary to
carry out this section is provided in addition to authorities included
elsewhere in this Act: Provided further, That use of funds to carry
out this section shall be treated as a reprogramming of funds
under section 505 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section: Provided further, That for the Department of Commerce, this section shall also apply to actions taken for the care
and protection of loan collateral or grant property.
SEC. 509. None of the funds provided by this Act shall be
available to promote the sale or export of tobacco or tobacco products, or to seek the reduction or removal by any foreign country
of restrictions on the marketing of tobacco or tobacco products,
except for restrictions which are not applied equally to all tobacco
or tobacco products of the same type.
SEC. 510. Notwithstanding any other provision of law, amounts
deposited or available in the Fund established by section 1402
of chapter XIV of title II of Public Law 98–473 (42 U.S.C. 10601)
in any fiscal year in excess of $2,573,000,000 shall not be available
for obligation until the following fiscal year: Provided, That notwithstanding section 1402(d) of such Act, of the amounts available
from the Fund for obligation, $10,000,000 shall remain available
until expended to the Department of Justice Office of Inspector
General for oversight and auditing purposes.
SEC. 511. None of the funds made available to the Department
of Justice in this Act may be used to discriminate against or
denigrate the religious or moral beliefs of students who participate
in programs for which financial assistance is provided from those
funds, or of the parents or legal guardians of such students.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 513. Any funds provided in this Act used to implement
E-Government Initiatives shall be subject to the procedures set
forth in section 505 of this Act.
SEC. 514. (a) The Inspectors General of the Department of
Commerce, the Department of Justice, the National Aeronautics
and Space Administration, the National Science Foundation, and
the Legal Services Corporation shall conduct audits, pursuant to
the Inspector General Act (5 U.S.C. App.), of grants or contracts
for which funds are appropriated by this Act, and shall submit
reports to Congress on the progress of such audits, which may
include preliminary findings and a description of areas of particular
interest, within 180 days after initiating such an audit and every
180 days thereafter until any such audit is completed.
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Applicability.
Tobacco and
tobacco products.
42 USC 10601
note.
Religion.
Audits.
Reports.
Deadlines.
PUBL031
131 STAT. 222
Public
information.
Web posting.
Grants.
Contracts.
Certification.
Effective date.
Consultation.
Determination.
Reviews.
Consultation.
Consultations.
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PUBLIC LAW 115–31—MAY 5, 2017
(b) Within 60 days after the date on which an audit described
in subsection (a) by an Inspector General is completed, the Secretary, Attorney General, Administrator, Director, or President,
as appropriate, shall make the results of the audit available to
the public on the Internet website maintained by the Department,
Administration, Foundation, or Corporation, respectively. The
results shall be made available in redacted form to exclude—
(1) any matter described in section 552(b) of title 5, United
States Code; and
(2) sensitive personal information for any individual, the
public access to which could be used to commit identity theft
or for other inappropriate or unlawful purposes.
(c) Any person awarded a grant or contract funded by amounts
appropriated by this Act shall submit a statement to the Secretary
of Commerce, the Attorney General, the Administrator, Director,
or President, as appropriate, certifying that no funds derived from
the grant or contract will be made available through a subcontract
or in any other manner to another person who has a financial
interest in the person awarded the grant or contract.
(d) The provisions of the preceding subsections of this section
shall take effect 30 days after the date on which the Director
of the Office of Management and Budget, in consultation with
the Director of the Office of Government Ethics, determines that
a uniform set of rules and requirements, substantially similar to
the requirements in such subsections, consistently apply under
the executive branch ethics program to all Federal departments,
agencies, and entities.
SEC. 515. (a) None of the funds appropriated or otherwise
made available under this Act may be used by the Departments
of Commerce and Justice, the National Aeronautics and Space
Administration, or the National Science Foundation to acquire a
high-impact or moderate-impact information system, as defined for
security categorization in the National Institute of Standards and
Technology’s (NIST) Federal Information Processing Standard
Publication 199, ‘‘Standards for Security Categorization of Federal
Information and Information Systems’’ unless the agency has—
(1) reviewed the supply chain risk for the information
systems against criteria developed by NIST and the Federal
Bureau of Investigation (FBI) to inform acquisition decisions
for high-impact and moderate-impact information systems
within the Federal Government;
(2) reviewed the supply chain risk from the presumptive
awardee against available and relevant threat information provided by the FBI and other appropriate agencies; and
(3) in consultation with the FBI or other appropriate Federal entity, conducted an assessment of any risk of cyberespionage or sabotage associated with the acquisition of such
system, including any risk associated with such system being
produced, manufactured, or assembled by one or more entities
identified by the United States Government as posing a cyber
threat, including but not limited to, those that may be owned,
directed, or subsidized by the People’s Republic of China.
(b) None of the funds appropriated or otherwise made available
under this Act may be used to acquire a high-impact or moderateimpact information system reviewed and assessed under subsection
(a) unless the head of the assessing entity described in subsection
(a) has—
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(1) developed, in consultation with NIST, the FBI, and
supply chain risk management experts, a mitigation strategy
for any identified risks;
(2) determined, in consultation with NIST and the FBI,
that the acquisition of such system is in the national interest
of the United States; and
(3) reported that determination to the Committees on
Appropriations of the House of Representatives and the Senate
and the agency Inspector General.
SEC. 516. None of the funds made available in this Act shall
be used in any way whatsoever to support or justify the use of
torture by any official or contract employee of the United States
Government.
SEC. 517. (a) Notwithstanding any other provision of law or
treaty, none of the funds appropriated or otherwise made available
under this Act or any other Act may be expended or obligated
by a department, agency, or instrumentality of the United States
to pay administrative expenses or to compensate an officer or
employee of the United States in connection with requiring an
export license for the export to Canada of components, parts, accessories or attachments for firearms listed in Category I, section
121.1 of title 22, Code of Federal Regulations (International Trafficking in Arms Regulations (ITAR), part 121, as it existed on
April 1, 2005) with a total value not exceeding $500 wholesale
in any transaction, provided that the conditions of subsection (b)
of this section are met by the exporting party for such articles.
(b) The foregoing exemption from obtaining an export license—
(1) does not exempt an exporter from filing any Shipper’s
Export Declaration or notification letter required by law, or
from being otherwise eligible under the laws of the United
States to possess, ship, transport, or export the articles enumerated in subsection (a); and
(2) does not permit the export without a license of—
(A) fully automatic firearms and components and parts
for such firearms, other than for end use by the Federal
Government, or a Provincial or Municipal Government of
Canada;
(B) barrels, cylinders, receivers (frames) or complete
breech mechanisms for any firearm listed in Category I,
other than for end use by the Federal Government, or
a Provincial or Municipal Government of Canada; or
(C) articles for export from Canada to another foreign
destination.
(c) In accordance with this section, the District Directors of
Customs and postmasters shall permit the permanent or temporary
export without a license of any unclassified articles specified in
subsection (a) to Canada for end use in Canada or return to the
United States, or temporary import of Canadian-origin items from
Canada for end use in the United States or return to Canada
for a Canadian citizen.
(d) The President may require export licenses under this section
on a temporary basis if the President determines, upon publication
first in the Federal Register, that the Government of Canada has
implemented or maintained inadequate import controls for the articles specified in subsection (a), such that a significant diversion
of such articles has and continues to take place for use in international terrorism or in the escalation of a conflict in another
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Determination.
Torture.
Exports and
imports.
China.
Arms and
munitions.
President.
Determination.
Canada.
PUBL031
131 STAT. 224
Exports and
imports.
Arms and
munitions.
Commerce and
trade.
National security
letter.
Notifications.
Deadline.
Determination.
Contracts.
Grants.
Certification.
Time period.
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PUBLIC LAW 115–31—MAY 5, 2017
nation. The President shall terminate the requirements of a license
when reasons for the temporary requirements have ceased.
SEC. 518. Notwithstanding any other provision of law, no
department, agency, or instrumentality of the United States
receiving appropriated funds under this Act or any other Act shall
obligate or expend in any way such funds to pay administrative
expenses or the compensation of any officer or employee of the
United States to deny any application submitted pursuant to 22
U.S.C. 2778(b)(1)(B) and qualified pursuant to 27 CFR section
478.112 or .113, for a permit to import United States origin ‘‘curios
or relics’’ firearms, parts, or ammunition.
SEC. 519. None of the funds made available in this Act may
be used to include in any new bilateral or multilateral trade agreement the text of—
(1) paragraph 2 of article 16.7 of the United States–Singapore Free Trade Agreement;
(2) paragraph 4 of article 17.9 of the United States–Australia Free Trade Agreement; or
(3) paragraph 4 of article 15.9 of the United States–Morocco
Free Trade Agreement.
SEC. 520. None of the funds made available in this Act may
be used to authorize or issue a national security letter in contravention of any of the following laws authorizing the Federal Bureau
of Investigation to issue national security letters: The Right to
Financial Privacy Act of 1978; The Electronic Communications Privacy Act of 1986; The Fair Credit Reporting Act; The National
Security Act of 1947; USA PATRIOT Act; USA FREEDOM Act
of 2015; and the laws amended by these Acts.
SEC. 521. If at any time during any quarter, the program
manager of a project within the jurisdiction of the Departments
of Commerce or Justice, the National Aeronautics and Space
Administration, or the National Science Foundation totaling more
than $75,000,000 has reasonable cause to believe that the total
program cost has increased by 10 percent or more, the program
manager shall immediately inform the respective Secretary,
Administrator, or Director. The Secretary, Administrator, or
Director shall notify the House and Senate Committees on Appropriations within 30 days in writing of such increase, and shall
include in such notice: the date on which such determination was
made; a statement of the reasons for such increases; the action
taken and proposed to be taken to control future cost growth of
the project; changes made in the performance or schedule milestones
and the degree to which such changes have contributed to the
increase in total program costs or procurement costs; new estimates
of the total project or procurement costs; and a statement validating
that the project’s management structure is adequate to control
total project or procurement costs.
SEC. 522. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 3094) during fiscal year 2017 until the enactment
of the Intelligence Authorization Act for fiscal year 2017.
SEC. 523. None of the funds appropriated or otherwise made
available by this Act may be used to enter into a contract in
an amount greater than $5,000,000 or to award a grant in excess
of such amount unless the prospective contractor or grantee certifies
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in writing to the agency awarding the contract or grant that,
to the best of its knowledge and belief, the contractor or grantee
has filed all Federal tax returns required during the three years
preceding the certification, has not been convicted of a criminal
offense under the Internal Revenue Code of 1986, and has not,
more than 90 days prior to certification, been notified of any unpaid
Federal tax assessment for which the liability remains unsatisfied,
unless the assessment is the subject of an installment agreement
or offer in compromise that has been approved by the Internal
Revenue Service and is not in default, or the assessment is the
subject of a non-frivolous administrative or judicial proceeding.
(RESCISSIONS)
SEC. 524. (a) Of the unobligated balances from prior year appropriations available to the Department of Commerce, the following
funds are hereby rescinded, not later than September 30, 2017,
from the following accounts in the specified amounts—
(1) ‘‘Economic Development Administration, Economic
Development Assistance Programs’’, $10,000,000;
(2) ‘‘National Oceanic and Atmospheric Administration,
Operations, Research, and Facilities’’, $18,000,000; and
(3) ‘‘National Oceanic and Atmospheric Administration,
Procurement, Acquisition and Construction’’, $5,000,000.
(b) Of the unobligated balances available to the Department
of Justice, the following funds are hereby rescinded, not later than
September 30, 2017, from the following accounts in the specified
amounts—
(1) ‘‘Working Capital Fund’’, $300,000,000;
(2) ‘‘United States Marshals Service, Federal Prisoner
Detention’’, $24,000,000;
(3) ‘‘Federal Bureau of Investigation, Salaries and
Expenses’’, $140,000,000 from fees collected to defray expenses
for the automation of fingerprint identification and criminal
justice information services and associated costs;
(4) ‘‘State and Local Law Enforcement Activities, Office
on Violence Against Women, Violence Against Women Prevention and Prosecution Programs’’, $10,000,000;
(5) ‘‘State and Local Law Enforcement Activities, Office
of Justice Programs’’, $50,000,000;
(6) ‘‘State and Local Law Enforcement Activities, Community Oriented Policing Services’’, $15,000,000;
(7) ‘‘Legal Activities, Assets Forfeiture Fund’’, $503,196,000,
of which $201,196,000 is permanently rescinded;
(8) ‘‘Drug Enforcement Administration, Salaries and
Expenses’’, $12,092,000;
(9) ‘‘Federal Bureau of Investigation, Salaries and
Expenses’’, $51,600,000; and
(10) ‘‘Federal Prison System, Buildings and Facilities’’,
$3,400,000.
(c) The Departments of Commerce and Justice shall submit
to the Committees on Appropriations of the House of Representatives and the Senate a report no later than September 1, 2017,
specifying the amount of each rescission made pursuant to subsections (a) and (b).
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Deadlines.
Reports.
PUBL031
131 STAT. 226
Khalid Sheikh
Mohammed.
Detainees.
Cuba.
Detainees.
Cuba.
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PUBLIC LAW 115–31—MAY 5, 2017
SEC. 525. None of the funds made available in this Act may
be used to purchase first class or premium airline travel in contravention of sections 301–10.122 through 301–10.124 of title 41
of the Code of Federal Regulations.
SEC. 526. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees from a Federal department or agency, who are stationed in the United States, at any single conference occurring
outside the United States unless such conference is a law enforcement training or operational conference for law enforcement personnel and the majority of Federal employees in attendance are
law enforcement personnel stationed outside the United States.
SEC. 527. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 528. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station, Guantanamo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guantanamo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guantanamo Bay, Cuba.
SEC. 529. The Director of the Office of Management and Budget
shall instruct any department, agency, or instrumentality of the
United States receiving funds appropriated under this Act to track
undisbursed balances in expired grant accounts and include in
its annual performance plan and performance and accountability
reports the following:
(1) Details on future action the department, agency, or
instrumentality will take to resolve undisbursed balances in
expired grant accounts.
(2) The method that the department, agency, or instrumentality uses to track undisbursed balances in expired grant
accounts.
(3) Identification of undisbursed balances in expired grant
accounts that may be returned to the Treasury of the United
States.
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PUBLIC LAW 115–31—MAY 5, 2017
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(4) In the preceding 3 fiscal years, details on the total
number of expired grant accounts with undisbursed balances
(on the first day of each fiscal year) for the department, agency,
or instrumentality and the total finances that have not been
obligated to a specific project remaining in the accounts.
SEC. 530. (a) None of the funds made available by this Act
may be used for the National Aeronautics and Space Administration
(NASA) or the Office of Science and Technology Policy (OSTP)
to develop, design, plan, promulgate, implement, or execute a
bilateral policy, program, order, or contract of any kind to participate, collaborate, or coordinate bilaterally in any way with China
or any Chinese-owned company unless such activities are specifically authorized by a law enacted after the date of enactment
of this Act.
(b) None of the funds made available by this Act may be
used to effectuate the hosting of official Chinese visitors at facilities
belonging to or utilized by NASA.
(c) The limitations described in subsections (a) and (b) shall
not apply to activities which NASA or OSTP, after consultation
with the Federal Bureau of Investigation, have certified—
(1) pose no risk of resulting in the transfer of technology,
data, or other information with national security or economic
security implications to China or a Chinese-owned company;
and
(2) will not involve knowing interactions with officials who
have been determined by the United States to have direct
involvement with violations of human rights.
(d) Any certification made under subsection (c) shall be submitted to the Committees on Appropriations of the House of Representatives and the Senate, and the Federal Bureau of Investigation, no later than 30 days prior to the activity in question and
shall include a description of the purpose of the activity, its agenda,
its major participants, and its location and timing.
SEC. 531. None of the funds made available by this Act may
be used to pay the salaries or expenses of personnel to deny,
or fail to act on, an application for the importation of any model
of shotgun if—
(1) all other requirements of law with respect to the proposed importation are met; and
(2) no application for the importation of such model of
shotgun, in the same configuration, had been denied by the
Attorney General prior to January 1, 2011, on the basis that
the shotgun was not particularly suitable for or readily adaptable to sporting purposes.
SEC. 532. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
adjudication, or other law enforcement- or victim assistance-related
activity.
SEC. 533. The Departments of Commerce and Justice, the
National Aeronautics and Space Administration, the National
Science Foundation, the Commission on Civil Rights, the Equal
Employment Opportunity Commission, the International Trade
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Time periods.
Contracts.
China.
Consultation.
Certification.
Human rights.
Deadline.
Exports and
imports.
Arms and
munitions.
Time period.
Pornography.
Spending plans.
Deadline.
PUBL031
131 STAT. 228
Contracts.
Reports.
China.
States.
Marijuana.
Poverty.
Definition.
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PUBLIC LAW 115–31—MAY 5, 2017
Commission, the Legal Services Corporation, the Marine Mammal
Commission, the Offices of Science and Technology Policy and the
United States Trade Representative, and the State Justice Institute
shall submit spending plans, signed by the respective department
or agency head, to the Committees on Appropriations of the House
of Representatives and the Senate within 45 days after the date
of enactment of this Act.
SEC. 534. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 535. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or for performance that does not meet the basic requirements
of a contract.
SEC. 536. The Department of Commerce, the National Aeronautics and Space Administration, and the National Science
Foundation shall provide a quarterly report to the Committees
on Appropriations of the House of Representatives and the Senate
on any official travel to China by any employee of such Department
or agency, including the purpose of such travel.
SEC. 537. None of the funds made available in this Act to
the Department of Justice may be used, with respect to any of
the States of Alabama, Alaska, Arkansas, Arizona, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Illinois,
Iowa, Kentucky, Louisiana, Maine, Maryland, Massachusetts,
Michigan, Minnesota, Mississippi, Missouri, Montana, Nevada, New
Hampshire, New Jersey, New Mexico, New York, North Carolina,
Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West
Virginia, Wisconsin, and Wyoming, or with respect to the District
of Columbia, Guam, or Puerto Rico, to prevent any of them from
implementing their own laws that authorize the use, distribution,
possession, or cultivation of medical marijuana.
SEC. 538. None of the funds made available by this Act may
be used in contravention of section 7606 (‘‘Legitimacy of Industrial
Hemp Research’’) of the Agricultural Act of 2014 (Public Law 113–
79) by the Department of Justice or the Drug Enforcement Administration.
SEC. 539. Of the amounts made available by this Act, not
less than 10 percent of each total amount provided, respectively,
for Public Works grants authorized by the Public Works and Economic Development Act of 1965 and grants authorized by section
27 of the Stevenson-Wydler Technology Innovation Act of 1980
(15 U.S.C. 3722) shall be allocated for assistance in persistent
poverty counties: Provided, That for purposes of this section, the
term ‘‘persistent poverty counties’’ means any county that has had
20 percent or more of its population living in poverty over the
past 30 years, as measured by the 1990 and 2000 decennial censuses
and the most recent Small Area Income and Poverty Estimates.
SEC. 540. For an additional amount for ‘‘National Aeronautics
and Space Administration—Construction and Environmental
Compliance and Restoration’’, $109,000,000, to remain available
until expended, for repairs at National Aeronautics and Space
Administration (NASA) owned facilities that directly support
NASA’s mission which were damaged as a result of recent natural
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131 STAT. 229
disasters: Provided, That such amount is designated by the Congress as an emergency requirement pursuant to section
251(b)(2)(A)(i) of the Balanced Budget and Emergency Deficit Control Act of 1985.
EXCEPTION TO LIMITATION ON APPOINTMENT OF CERTAIN PERSONS AS
UNITED STATES TRADE REPRESENTATIVE
SEC. 541. (a) IN GENERAL.—The limitation under section 141(b)
(4) of the Trade Act of 1974 (19 U.S.C. 2171(b)(4)) shall not apply
to the first person appointed, by and with the advice and consent
of the Senate, as the United States Trade Representative after
the date of the enactment of this Act, if that person served as
a Deputy United States Trade Representative before the date of
the enactment of the Lobbying Disclosure Act of 1995 (2 U.S.C.
1601 et seq.).
(b) LIMITED EXCEPTION.—This section applies only to the first
person appointed as United States Trade Representative after the
date of enactment of this Act, and to no other person.
SEC. 542. For an additional amount for ‘‘Department of Justice,
State and Local Law Enforcement Activities, Office of Justice Programs, State and Local Law Enforcement Assistance’’, $15,000,000
for emergency law enforcement assistance for events occurring
during fiscal years 2016 and 2017, as authorized by section 609M
of the Justice Assistance Act of 1984 (42 U.S.C. 10501; Public
Law 98–473).
This division may be cited as the ‘‘Commerce, Justice, Science,
and Related Agencies Appropriations Act, 2017’’.
DIVISION C—DEPARTMENT OF DEFENSE
APPROPRIATIONS ACT, 2017
19 USC 2171
note.
Applicability.
Department of
Defense
Appropriations
Act, 2017.
TITLE I
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Army on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $40,042,962,000.
MILITARY PERSONNEL, NAVY
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Navy on active duty (except members
of the Reserve provided for elsewhere), midshipmen, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
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131 STAT. 230
PUBLIC LAW 115–31—MAY 5, 2017
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $27,889,405,000.
MILITARY PERSONNEL, MARINE CORPS
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Marine Corps on active duty (except
members of the Reserve provided for elsewhere); and for payments
pursuant to section 156 of Public Law 97–377, as amended (42
U.S.C. 402 note), and to the Department of Defense Military Retirement Fund, $12,735,182,000.
MILITARY PERSONNEL, AIR FORCE
For pay, allowances, individual clothing, subsistence, interest
on deposits, gratuities, permanent change of station travel
(including all expenses thereof for organizational movements), and
expenses of temporary duty travel between permanent duty stations, for members of the Air Force on active duty (except members
of reserve components provided for elsewhere), cadets, and aviation
cadets; for members of the Reserve Officers’ Training Corps; and
for payments pursuant to section 156 of Public Law 97–377, as
amended (42 U.S.C. 402 note), and to the Department of Defense
Military Retirement Fund, $27,958,795,000.
RESERVE PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army Reserve on active
duty under sections 10211, 10302, and 3038 of title 10, United
States Code, or while serving on active duty under section 12301(d)
of title 10, United States Code, in connection with performing
duty specified in section 12310(a) of title 10, United States Code,
or while undergoing reserve training, or while performing drills
or equivalent duty or other duty, and expenses authorized by section
16131 of title 10, United States Code; and for payments to the
Department of Defense Military Retirement Fund, $4,524,863,000.
RESERVE PERSONNEL, NAVY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Navy Reserve on active
duty under section 10211 of title 10, United States Code, or while
serving on active duty under section 12301(d) of title 10, United
States Code, in connection with performing duty specified in section
12310(a) of title 10, United States Code, or while undergoing reserve
training, or while performing drills or equivalent duty, and expenses
authorized by section 16131 of title 10, United States Code; and
for payments to the Department of Defense Military Retirement
Fund, $1,921,045,000.
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131 STAT. 231
RESERVE PERSONNEL, MARINE CORPS
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Marine Corps Reserve
on active duty under section 10211 of title 10, United States Code,
or while serving on active duty under section 12301(d) of title
10, United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing reserve training, or while performing drills or equivalent
duty, and for members of the Marine Corps platoon leaders class,
and expenses authorized by section 16131 of title 10, United States
Code; and for payments to the Department of Defense Military
Retirement Fund, $744,795,000.
RESERVE PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air Force Reserve on
active duty under sections 10211, 10305, and 8038 of title 10,
United States Code, or while serving on active duty under section
12301(d) of title 10, United States Code, in connection with performing duty specified in section 12310(a) of title 10, United States
Code, or while undergoing reserve training, or while performing
drills or equivalent duty or other duty, and expenses authorized
by section 16131 of title 10, United States Code; and for payments
to the Department of Defense Military Retirement Fund,
$1,725,526,000.
NATIONAL GUARD PERSONNEL, ARMY
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Army National Guard
while on duty under sections 10211, 10302, or 12402 of title 10
or section 708 of title 32, United States Code, or while serving
on duty under section 12301(d) of title 10 or section 502(f) of
title 32, United States Code, in connection with performing duty
specified in section 12310(a) of title 10, United States Code, or
while undergoing training, or while performing drills or equivalent
duty or other duty, and expenses authorized by section 16131 of
title 10, United States Code; and for payments to the Department
of Defense Military Retirement Fund, $7,899,423,000.
NATIONAL GUARD PERSONNEL, AIR FORCE
For pay, allowances, clothing, subsistence, gratuities, travel,
and related expenses for personnel of the Air National Guard on
duty under sections 10211, 10305, or 12402 of title 10 or section
708 of title 32, United States Code, or while serving on duty
under section 12301(d) of title 10 or section 502(f) of title 32,
United States Code, in connection with performing duty specified
in section 12310(a) of title 10, United States Code, or while undergoing training, or while performing drills or equivalent duty or
other duty, and expenses authorized by section 16131 of title 10,
United States Code; and for payments to the Department of Defense
Military Retirement Fund, $3,283,982,000.
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PUBLIC LAW 115–31—MAY 5, 2017
TITLE II
OPERATION AND MAINTENANCE
OPERATION
AND
MAINTENANCE, ARMY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Army, as authorized by law,
$32,738,173,000: Provided, That not to exceed $12,478,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of the Army, and
payments may be made on his certificate of necessity for confidential
military purposes.
OPERATION
AND
MAINTENANCE, NAVY
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Navy and the Marine Corps,
as authorized by law, $38,552,017,000: Provided, That not to exceed
$15,055,000 can be used for emergencies and extraordinary
expenses, to be expended on the approval or authority of the Secretary of the Navy, and payments may be made on his certificate
of necessity for confidential military purposes.
OPERATION
AND
MAINTENANCE, MARINE CORPS
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Marine Corps, as authorized
by law, $5,676,152,000.
OPERATION
AND
MAINTENANCE, AIR FORCE
For expenses, not otherwise provided for, necessary for the
operation and maintenance of the Air Force, as authorized by law,
$36,247,724,000: Provided, That not to exceed $7,699,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of the Air Force,
and payments may be made on his certificate of necessity for
confidential military purposes.
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses, not otherwise provided for, necessary for the
operation and maintenance of activities and agencies of the Department of Defense (other than the military departments), as authorized by law, $32,373,949,000: Provided, That not more than
$15,000,000 may be used for the Combatant Commander Initiative
Fund authorized under section 166a of title 10, United States
Code: Provided further, That not to exceed $36,000,000 can be
used for emergencies and extraordinary expenses, to be expended
on the approval or authority of the Secretary of Defense, and
payments may be made on his certificate of necessity for confidential
military purposes: Provided further, That of the funds provided
under this heading, not less than $34,964,000 shall be made available for the Procurement Technical Assistance Cooperative Agreement Program, of which not less than $3,600,000 shall be available
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for centers defined in 10 U.S.C. 2411(1)(D): Provided further, That
none of the funds appropriated or otherwise made available by
this Act may be used to plan or implement the consolidation of
a budget or appropriations liaison office of the Office of the Secretary of Defense, the office of the Secretary of a military department, or the service headquarters of one of the Armed Forces
into a legislative affairs or legislative liaison office: Provided further,
That $5,023,000, to remain available until expended, is available
only for expenses relating to certain classified activities, and may
be transferred as necessary by the Secretary of Defense to operation
and maintenance appropriations or research, development, test and
evaluation appropriations, to be merged with and to be available
for the same time period as the appropriations to which transferred:
Provided further, That any ceiling on the investment item unit
cost of items that may be purchased with operation and maintenance funds shall not apply to the funds described in the preceding
proviso: Provided further, That of the funds provided under this
heading, $480,000,000, to remain available until September 30,
2018, shall be available to provide support and assistance to foreign
security forces or other groups or individuals to conduct, support
or facilitate counterterrorism, crisis response, or other Department
of Defense security cooperation programs: Provided further, That
the transfer authority provided under this heading is in addition
to any other transfer authority provided elsewhere in this Act.
OPERATION
MAINTENANCE, ARMY RESERVE
AND
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Army Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $2,743,688,000.
OPERATION
AND
MAINTENANCE, NAVY RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Navy Reserve; repair of facilities and equipment; hire of passenger motor vehicles; travel and transportation;
care of the dead; recruiting; procurement of services, supplies, and
equipment; and communications, $929,656,000.
OPERATION
AND
MAINTENANCE, MARINE CORPS RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Marine Corps Reserve; repair of facilities
and equipment; hire of passenger motor vehicles; travel and
transportation; care of the dead; recruiting; procurement of services,
supplies, and equipment; and communications, $271,133,000.
OPERATION
AND
MAINTENANCE, AIR FORCE RESERVE
For expenses, not otherwise provided for, necessary for the
operation and maintenance, including training, organization, and
administration, of the Air Force Reserve; repair of facilities and
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PUBLIC LAW 115–31—MAY 5, 2017
equipment; hire of passenger motor vehicles; travel and transportation; care of the dead; recruiting; procurement of services, supplies, and equipment; and communications, $3,069,229,000.
OPERATION
AND
MAINTENANCE, ARMY NATIONAL GUARD
For expenses of training, organizing, and administering the
Army National Guard, including medical and hospital treatment
and related expenses in non-Federal hospitals; maintenance, operation, and repairs to structures and facilities; hire of passenger
motor vehicles; personnel services in the National Guard Bureau;
travel expenses (other than mileage), as authorized by law for
Army personnel on active duty, for Army National Guard division,
regimental, and battalion commanders while inspecting units in
compliance with National Guard Bureau regulations when specifically authorized by the Chief, National Guard Bureau; supplying
and equipping the Army National Guard as authorized by law;
and expenses of repair, modification, maintenance, and issue of
supplies and equipment (including aircraft), $6,861,478,000.
OPERATION
AND
MAINTENANCE, AIR NATIONAL GUARD
For expenses of training, organizing, and administering the
Air National Guard, including medical and hospital treatment and
related expenses in non-Federal hospitals; maintenance, operation,
and repairs to structures and facilities; transportation of things,
hire of passenger motor vehicles; supplying and equipping the Air
National Guard, as authorized by law; expenses for repair, modification, maintenance, and issue of supplies and equipment, including
those furnished from stocks under the control of agencies of the
Department of Defense; travel expenses (other than mileage) on
the same basis as authorized by law for Air National Guard personnel on active Federal duty, for Air National Guard commanders
while inspecting units in compliance with National Guard Bureau
regulations when specifically authorized by the Chief, National
Guard Bureau, $6,615,095,000.
UNITED STATES COURT
OF
APPEALS
FOR THE
ARMED FORCES
For salaries and expenses necessary for the United States
Court of Appeals for the Armed Forces, $14,194,000, of which not
to exceed $5,000 may be used for official representation purposes.
ENVIRONMENTAL RESTORATION, ARMY
(INCLUDING TRANSFER OF FUNDS)
Determination.
Determination.
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For the Department of the Army, $170,167,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Army, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Army, to be merged with and to
be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
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PUBLIC LAW 115–31—MAY 5, 2017
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from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
ENVIRONMENTAL RESTORATION, NAVY
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Navy, $289,262,000, to remain available until transferred: Provided, That the Secretary of the Navy
shall, upon determining that such funds are required for environmental restoration, reduction and recycling of hazardous waste,
removal of unsafe buildings and debris of the Department of the
Navy, or for similar purposes, transfer the funds made available
by this appropriation to other appropriations made available to
the Department of the Navy, to be merged with and to be available
for the same purposes and for the same time period as the appropriations to which transferred: Provided further, That upon a determination that all or part of the funds transferred from this appropriation are not necessary for the purposes provided herein, such
amounts may be transferred back to this appropriation: Provided
further, That the transfer authority provided under this heading
is in addition to any other transfer authority provided elsewhere
in this Act.
Determination.
Determination.
ENVIRONMENTAL RESTORATION, AIR FORCE
(INCLUDING TRANSFER OF FUNDS)
For the Department of the Air Force, $371,521,000, to remain
available until transferred: Provided, That the Secretary of the
Air Force shall, upon determining that such funds are required
for environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris of the Department
of the Air Force, or for similar purposes, transfer the funds made
available by this appropriation to other appropriations made available to the Department of the Air Force, to be merged with and
to be available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
Determination.
Determination.
ENVIRONMENTAL RESTORATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For the Department of Defense, $9,009,000, to remain available
until transferred: Provided, That the Secretary of Defense shall,
upon determining that such funds are required for environmental
restoration, reduction and recycling of hazardous waste, removal
of unsafe buildings and debris of the Department of Defense, or
for similar purposes, transfer the funds made available by this
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Determination.
PUBL031
131 STAT. 236
Determination.
PUBLIC LAW 115–31—MAY 5, 2017
appropriation to other appropriations made available to the Department of Defense, to be merged with and to be available for the
same purposes and for the same time period as the appropriations
to which transferred: Provided further, That upon a determination
that all or part of the funds transferred from this appropriation
are not necessary for the purposes provided herein, such amounts
may be transferred back to this appropriation: Provided further,
That the transfer authority provided under this heading is in addition to any other transfer authority provided elsewhere in this
Act.
ENVIRONMENTAL RESTORATION, FORMERLY USED DEFENSE SITES
(INCLUDING TRANSFER OF FUNDS)
Determination.
Determination.
For the Department of the Army, $222,084,000, to remain
available until transferred: Provided, That the Secretary of the
Army shall, upon determining that such funds are required for
environmental restoration, reduction and recycling of hazardous
waste, removal of unsafe buildings and debris at sites formerly
used by the Department of Defense, transfer the funds made available by this appropriation to other appropriations made available
to the Department of the Army, to be merged with and to be
available for the same purposes and for the same time period
as the appropriations to which transferred: Provided further, That
upon a determination that all or part of the funds transferred
from this appropriation are not necessary for the purposes provided
herein, such amounts may be transferred back to this appropriation:
Provided further, That the transfer authority provided under this
heading is in addition to any other transfer authority provided
elsewhere in this Act.
OVERSEAS HUMANITARIAN, DISASTER,
AND
CIVIC AID
For expenses relating to the Overseas Humanitarian, Disaster,
and Civic Aid programs of the Department of Defense (consisting
of the programs provided under sections 401, 402, 404, 407, 2557,
and 2561 of title 10, United States Code), $123,125,000, to remain
available until September 30, 2018.
COOPERATIVE THREAT REDUCTION ACCOUNT
For assistance, including assistance provided by contract or
by grants, under programs and activities of the Department of
Defense Cooperative Threat Reduction Program authorized under
the Department of Defense Cooperative Threat Reduction Act,
$325,604,000, to remain available until September 30, 2019.
TITLE III
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 237
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $4,587,598,000, to
remain available for obligation until September 30, 2019.
MISSILE PROCUREMENT, ARMY
For construction, procurement, production, modification, and
modernization of missiles, equipment, including ordnance, ground
handling equipment, spare parts, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,533,804,000, to
remain available for obligation until September 30, 2019.
PROCUREMENT
OF
WEAPONS
AND TRACKED COMBAT VEHICLES,
ARMY
For construction, procurement, production, and modification
of weapons and tracked combat vehicles, equipment, including ordnance, spare parts, and accessories therefor; specialized equipment
and training devices; expansion of public and private plants,
including the land necessary therefor, for the foregoing purposes,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $2,229,455,000, to
remain available for obligation until September 30, 2019.
PROCUREMENT
OF
AMMUNITION, ARMY
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,483,566,000, to
remain available for obligation until September 30, 2019.
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PUBLIC LAW 115–31—MAY 5, 2017
OTHER PROCUREMENT, ARMY
For construction, procurement, production, and modification
of vehicles, including tactical, support, and non-tracked combat
vehicles; the purchase of passenger motor vehicles for replacement
only; communications and electronic equipment; other support
equipment; spare parts, ordnance, and accessories therefor; specialized equipment and training devices; expansion of public and private
plants, including the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $6,147,328,000, to
remain available for obligation until September 30, 2019.
AIRCRAFT PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of aircraft, equipment, including ordnance, spare
parts, and accessories therefor; specialized equipment; expansion
of public and private plants, including the land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$16,135,335,000, to remain available for obligation until September
30, 2019.
WEAPONS PROCUREMENT, NAVY
For construction, procurement, production, modification, and
modernization of missiles, torpedoes, other weapons, and related
support equipment including spare parts, and accessories therefor;
expansion of public and private plants, including the land necessary
therefor, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government
and
contractor-owned
equipment
layaway,
$3,265,285,000, to remain available for obligation until September
30, 2019.
PROCUREMENT
OF
AMMUNITION, NAVY
AND
MARINE CORPS
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 239
expenses necessary for the foregoing purposes, $633,678,000, to
remain available for obligation until September 30, 2019.
SHIPBUILDING
AND
CONVERSION, NAVY
For expenses necessary for the construction, acquisition, or
conversion of vessels as authorized by law, including armor and
armament thereof, plant equipment, appliances, and machine tools
and installation thereof in public and private plants; reserve plant
and Government and contractor-owned equipment layaway;
procurement of critical, long lead time components and designs
for vessels to be constructed or converted in the future; and expansion of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title, as follows:
Ohio Replacement Submarine (AP), $773,138,000;
Carrier Replacement Program, $1,255,783,000;
Carrier Replacement Program (AP), $1,370,784,000;
Virginia Class Submarine, $3,187,985,000;
Virginia Class Submarine (AP), $1,852,234,000;
CVN Refueling Overhauls, $1,699,120,000;
CVN Refueling Overhauls (AP), $233,149,000;
DDG–1000 Program, $271,756,000;
DDG–51 Destroyer, $3,614,792,000;
Littoral Combat Ship, $1,563,692,000;
LPD–17, $1,786,000,000;
LHA Replacement, $1,617,719,000;
TAO Fleet Oiler (AP), $73,079,000;
Moored Training Ship, $624,527,000;
Ship to Shore Connector, $128,067,000;
Service Craft, $65,192,000;
LCAC Service Life Extension Program, $82,074,000;
YP Craft Maintenance/ROH/SLEP, $21,363,000;
For outfitting, post delivery, conversions, and first destination transportation, $626,158,000;
Completion of Prior Year Shipbuilding Programs,
$160,274,000; and
Polar Icebreakers (AP), $150,000,000.
In all: $21,156,886,000, to remain available for obligation until
September 30, 2021: Provided, That additional obligations may
be incurred after September 30, 2021, for engineering services,
tests, evaluations, and other such budgeted work that must be
performed in the final stage of ship construction: Provided further,
That none of the funds provided under this heading for the construction or conversion of any naval vessel to be constructed in shipyards
in the United States shall be expended in foreign facilities for
the construction of major components of such vessel: Provided further, That none of the funds provided under this heading shall
be used for the construction of any naval vessel in foreign shipyards:
Provided further, That funds appropriated or otherwise made available by this Act for production of the common missile compartment
of nuclear-powered vessels may be available for multiyear procurement of critical components to support continuous production of
such compartments only in accordance with the provisions of subsection (i) of section 2218a of title 10, United States Code (as
added by section 1023 of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114–328)).
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PUBLIC LAW 115–31—MAY 5, 2017
OTHER PROCUREMENT, NAVY
For procurement, production, and modernization of support
equipment and materials not otherwise provided for, Navy ordnance
(except ordnance for new aircraft, new ships, and ships authorized
for conversion); the purchase of passenger motor vehicles for
replacement only; expansion of public and private plants, including
the land necessary therefor, and such lands and interests therein,
may be acquired, and construction prosecuted thereon prior to
approval of title; and procurement and installation of equipment,
appliances, and machine tools in public and private plants; reserve
plant and Government and contractor-owned equipment layaway,
$6,308,919,000, to remain available for obligation until September
30, 2019.
PROCUREMENT, MARINE CORPS
For expenses necessary for the procurement, manufacture, and
modification of missiles, armament, military equipment, spare
parts, and accessories therefor; plant equipment, appliances, and
machine tools, and installation thereof in public and private plants;
reserve plant and Government and contractor-owned equipment
layaway; vehicles for the Marine Corps, including the purchase
of passenger motor vehicles for replacement only; and expansion
of public and private plants, including land necessary therefor,
and such lands and interests therein, may be acquired, and
construction prosecuted thereon prior to approval of title,
$1,307,456,000, to remain available for obligation until September
30, 2019.
AIRCRAFT PROCUREMENT, AIR FORCE
For construction, procurement, and modification of aircraft and
equipment, including armor and armament, specialized ground handling equipment, and training devices, spare parts, and accessories
therefor; specialized equipment; expansion of public and private
plants, Government-owned equipment and installation thereof in
such plants, erection of structures, and acquisition of land, for
the foregoing purposes, and such lands and interests therein, may
be acquired, and construction prosecuted thereon prior to approval
of title; reserve plant and Government and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation of things, $14,253,623,000,
to remain available for obligation until September 30, 2019.
MISSILE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of missiles,
rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation
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of things, $2,348,121,000, to remain available for obligation until
September 30, 2019.
SPACE PROCUREMENT, AIR FORCE
For construction, procurement, and modification of spacecraft,
rockets, and related equipment, including spare parts and accessories therefor; ground handling equipment, and training devices;
expansion of public and private plants, Government-owned equipment and installation thereof in such plants, erection of structures,
and acquisition of land, for the foregoing purposes, and such lands
and interests therein, may be acquired, and construction prosecuted
thereon prior to approval of title; reserve plant and Government
and contractor-owned equipment layaway; and other expenses necessary for the foregoing purposes including rents and transportation
of things, $2,733,243,000, to remain available for obligation until
September 30, 2019.
PROCUREMENT
OF
AMMUNITION, AIR FORCE
For construction, procurement, production, and modification
of ammunition, and accessories therefor; specialized equipment and
training devices; expansion of public and private plants, including
ammunition facilities, authorized by section 2854 of title 10, United
States Code, and the land necessary therefor, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon prior to approval of title; and
procurement and installation of equipment, appliances, and
machine tools in public and private plants; reserve plant and
Government and contractor-owned equipment layaway; and other
expenses necessary for the foregoing purposes, $1,589,219,000, to
remain available for obligation until September 30, 2019.
OTHER PROCUREMENT, AIR FORCE
For procurement and modification of equipment (including
ground guidance and electronic control equipment, and ground electronic and communication equipment), and supplies, materials, and
spare parts therefor, not otherwise provided for; the purchase of
passenger motor vehicles for replacement only; lease of passenger
motor vehicles; and expansion of public and private plants, Government-owned equipment and installation thereof in such plants,
erection of structures, and acquisition of land, for the foregoing
purposes, and such lands and interests therein, may be acquired,
and construction prosecuted thereon, prior to approval of title;
reserve plant and Government and contractor-owned equipment
layaway, $17,768,224,000, to remain available for obligation until
September 30, 2019.
PROCUREMENT, DEFENSE-WIDE
For expenses of activities and agencies of the Department of
Defense (other than the military departments) necessary for
procurement, production, and modification of equipment, supplies,
materials, and spare parts therefor, not otherwise provided for;
the purchase of passenger motor vehicles for replacement only;
expansion of public and private plants, equipment, and installation
thereof in such plants, erection of structures, and acquisition of
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PUBLIC LAW 115–31—MAY 5, 2017
land for the foregoing purposes, and such lands and interests
therein, may be acquired, and construction prosecuted thereon prior
to approval of title; reserve plant and Government and contractorowned equipment layaway, $4,881,022,000, to remain available for
obligation until September 30, 2019.
DEFENSE PRODUCTION ACT PURCHASES
For activities by the Department of Defense pursuant to sections 108, 301, 302, and 303 of the Defense Production Act of
1950 (50 U.S.C. 4518, 4531, 4532, and 4533), $64,065,000, to remain
available until expended.
TITLE IV
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, ARMY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$8,332,965,000, to remain available for obligation until September
30, 2018.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, NAVY
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$17,214,530,000, to remain available for obligation until September
30, 2018: Provided, That funds appropriated in this paragraph
which are available for the V–22 may be used to meet unique
operational requirements of the Special Operations Forces.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, AIR FORCE
For expenses necessary for basic and applied scientific research,
development, test and evaluation, including maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$27,788,548,000, to remain available for obligation until September
30, 2018.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, DEFENSE-WIDE
(INCLUDING TRANSFER OF FUNDS)
For expenses of activities and agencies of the Department of
Defense (other than the military departments), necessary for basic
and applied scientific research, development, test and evaluation;
advanced research projects as may be designated and determined
by the Secretary of Defense, pursuant to law; maintenance,
rehabilitation, lease, and operation of facilities and equipment,
$18,778,550,000, to remain available for obligation until September
30, 2018: Provided, That, of the funds made available in this paragraph, $250,000,000 for the Defense Rapid Innovation Program
shall only be available for expenses, not otherwise provided for,
to include program management and oversight, to conduct research,
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development, test and evaluation to include proof of concept demonstration; engineering, testing, and validation; and transition to
full-scale production: Provided further, That the Secretary of
Defense may transfer funds provided herein for the Defense Rapid
Innovation Program to appropriations for research, development,
test and evaluation to accomplish the purpose provided herein:
Provided further, That this transfer authority is in addition to
any other transfer authority available to the Department of Defense:
Provided further, That the Secretary of Defense shall, not fewer
than 30 days prior to making transfers from this appropriation,
notify the congressional defense committees in writing of the details
of any such transfer.
OPERATIONAL TEST
AND
Deadline.
Notification.
EVALUATION, DEFENSE
For expenses, not otherwise provided for, necessary for the
independent activities of the Director, Operational Test and Evaluation, in the direction and supervision of operational test and evaluation, including initial operational test and evaluation which is conducted prior to, and in support of, production decisions; joint operational testing and evaluation; and administrative expenses in
connection therewith, $186,994,000, to remain available for obligation until September 30, 2018.
TITLE V
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For the Defense Working Capital Funds, $1,511,613,000.
TITLE VI
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For expenses, not otherwise provided for, for medical and health
care programs of the Department of Defense as authorized by
law, $33,781,270,000; of which $31,277,002,000 shall be for operation and maintenance, of which not to exceed one percent shall
remain available for obligation until September 30, 2018, and of
which up to $15,315,832,000 may be available for contracts entered
into under the TRICARE program; of which $402,161,000, to remain
available for obligation until September 30, 2019, shall be for
procurement; and of which $2,102,107,000, to remain available for
obligation until September 30, 2018, shall be for research, development, test and evaluation: Provided, That, notwithstanding any
other provision of law, of the amount made available under this
heading for research, development, test and evaluation, not less
than $8,000,000 shall be available for HIV prevention educational
activities undertaken in connection with United States military
training, exercises, and humanitarian assistance activities conducted primarily in African nations: Provided further, That of the
funds provided under this heading for research, development, test
and evaluation, not less than $1,014,600,000 shall be made available
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PUBLIC LAW 115–31—MAY 5, 2017
to the United States Army Medical Research and Materiel Command to carry out the congressionally directed medical research
programs.
CHEMICAL AGENTS
AND
MUNITIONS DESTRUCTION, DEFENSE
For expenses, not otherwise provided for, necessary for the
destruction of the United States stockpile of lethal chemical agents
and munitions in accordance with the provisions of section 1412
of the Department of Defense Authorization Act, 1986 (50 U.S.C.
1521), and for the destruction of other chemical warfare materials
that are not in the chemical weapon stockpile, $523,726,000, of
which $119,985,000 shall be for operation and maintenance, of
which no less than $49,533,000 shall be for the Chemical Stockpile
Emergency Preparedness Program, consisting of $20,368,000 for
activities on military installations and $29,165,000, to remain available until September 30, 2018, to assist State and local governments, and of which not more than $13,700,000, to remain available
until September 30, 2018, shall be for the destruction of eight
United States-origin chemical munitions in the Republic of Panama,
to the extent authorized by law; $15,132,000 shall be for procurement, to remain available until September 30, 2019, of which
$15,132,000 shall be for the Chemical Stockpile Emergency
Preparedness Program to assist State and local governments; and
$388,609,000, to remain available until September 30, 2018, shall
be for research, development, test and evaluation, of which
$380,892,000 shall only be for the Assembled Chemical Weapons
Alternatives program.
DRUG INTERDICTION
AND
COUNTER-DRUG ACTIVITIES, DEFENSE
(INCLUDING TRANSFER OF FUNDS)
Determination.
For drug interdiction and counter-drug activities of the Department of Defense, for transfer to appropriations available to the
Department of Defense for military personnel of the reserve components serving under the provisions of title 10 and title 32, United
States Code; for operation and maintenance; for procurement; and
for research, development, test and evaluation, $998,800,000, of
which $626,087,000 shall be for counter-narcotics support;
$118,713,000 shall be for the drug demand reduction program;
$234,000,000 shall be for the National Guard counter-drug program;
and $20,000,000 shall be for the National Guard counter-drug
schools program: Provided, That the funds appropriated under this
heading shall be available for obligation for the same time period
and for the same purpose as the appropriation to which transferred:
Provided further, That upon a determination that all or part of
the funds transferred from this appropriation are not necessary
for the purposes provided herein, such amounts may be transferred
back to this appropriation: Provided further, That the transfer
authority provided under this heading is in addition to any other
transfer authority contained elsewhere in this Act.
OFFICE
OF THE INSPECTOR
GENERAL
For expenses and activities of the Office of the Inspector General in carrying out the provisions of the Inspector General Act
of 1978, as amended, $312,035,000, of which $308,882,000 shall
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be for operation and maintenance, of which not to exceed $700,000
is available for emergencies and extraordinary expenses to be
expended on the approval or authority of the Inspector General,
and payments may be made on the Inspector General’s certificate
of necessity for confidential military purposes; and of which
$3,153,000, to remain available until September 30, 2018, shall
be for research, development, test and evaluation.
TITLE VII
RELATED AGENCIES
CENTRAL INTELLIGENCE AGENCY RETIREMENT
SYSTEM FUND
AND
DISABILITY
For payment to the Central Intelligence Agency Retirement
and Disability System Fund, to maintain the proper funding level
for continuing the operation of the Central Intelligence Agency
Retirement and Disability System, $514,000,000.
INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT
For necessary expenses of the Intelligence Community Management Account, $515,596,000.
TITLE VIII
GENERAL PROVISIONS
SEC. 8001. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes not authorized by the Congress.
SEC. 8002. During the current fiscal year, provisions of law
prohibiting the payment of compensation to, or employment of,
any person not a citizen of the United States shall not apply
to personnel of the Department of Defense: Provided, That salary
increases granted to direct and indirect hire foreign national
employees of the Department of Defense funded by this Act shall
not be at a rate in excess of the percentage increase authorized
by law for civilian employees of the Department of Defense whose
pay is computed under the provisions of section 5332 of title 5,
United States Code, or at a rate in excess of the percentage increase
provided by the appropriate host nation to its own employees,
whichever is higher: Provided further, That this section shall not
apply to Department of Defense foreign service national employees
serving at United States diplomatic missions whose pay is set
by the Department of State under the Foreign Service Act of 1980:
Provided further, That the limitations of this provision shall not
apply to foreign national employees of the Department of Defense
in the Republic of Turkey.
SEC. 8003. No part of any appropriation contained in this
Act shall remain available for obligation beyond the current fiscal
year, unless expressly so provided herein.
SEC. 8004. No more than 20 percent of the appropriations
in this Act which are limited for obligation during the current
fiscal year shall be obligated during the last 2 months of the
fiscal year: Provided, That this section shall not apply to obligations
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Propaganda.
Time period.
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PUBLIC LAW 115–31—MAY 5, 2017
for support of active duty training of reserve components or summer
camp training of the Reserve Officers’ Training Corps.
(TRANSFER OF FUNDS)
Notification.
Time period.
Applicability.
Deadline.
Reports.
VerDate Sep 11 2014
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SEC. 8005. Upon determination by the Secretary of Defense
that such action is necessary in the national interest, he may,
with the approval of the Office of Management and Budget, transfer
not to exceed $4,500,000,000 of working capital funds of the Department of Defense or funds made available in this Act to the Department of Defense for military functions (except military construction)
between such appropriations or funds or any subdivision thereof,
to be merged with and to be available for the same purposes,
and for the same time period, as the appropriation or fund to
which transferred: Provided, That such authority to transfer may
not be used unless for higher priority items, based on unforeseen
military requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That the Secretary of Defense shall notify the Congress promptly of all transfers
made pursuant to this authority or any other authority in this
Act: Provided further, That no part of the funds in this Act shall
be available to prepare or present a request to the Committees
on Appropriations for reprogramming of funds, unless for higher
priority items, based on unforeseen military requirements, than
those for which originally appropriated and in no case where the
item for which reprogramming is requested has been denied by
the Congress: Provided further, That a request for multiple
reprogrammings of funds using authority provided in this section
shall be made prior to June 30, 2017: Provided further, That transfers among military personnel appropriations shall not be taken
into account for purposes of the limitation on the amount of funds
that may be transferred under this section.
SEC. 8006. (a) With regard to the list of specific programs,
projects, and activities (and the dollar amounts and adjustments
to budget activities corresponding to such programs, projects, and
activities) contained in the tables titled Explanation of Project Level
Adjustments in the explanatory statement regarding this Act, the
obligation and expenditure of amounts appropriated or otherwise
made available in this Act for those programs, projects, and activities for which the amounts appropriated exceed the amounts
requested are hereby required by law to be carried out in the
manner provided by such tables to the same extent as if the tables
were included in the text of this Act.
(b) Amounts specified in the referenced tables described in
subsection (a) shall not be treated as subdivisions of appropriations
for purposes of section 8005 of this Act: Provided, That section
8005 shall apply when transfers of the amounts described in subsection (a) occur between appropriation accounts.
SEC. 8007. (a) Not later than 60 days after enactment of this
Act, the Department of Defense shall submit a report to the congressional defense committees to establish the baseline for application
of reprogramming and transfer authorities for fiscal year 2017:
Provided, That the report shall include—
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
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by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation both
by budget activity and program, project, and activity as detailed
in the Budget Appendix; and
(3) an identification of items of special congressional
interest.
(b) Notwithstanding section 8005 of this Act, none of the funds
provided in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional defense committees, unless the Secretary of Defense
certifies in writing to the congressional defense committees that
such reprogramming or transfer is necessary as an emergency
requirement: Provided, That this subsection shall not apply to transfers from the following appropriations accounts:
(1) ‘‘Environmental Restoration, Army’’;
(2) ‘‘Environmental Restoration, Navy’’;
(3) ‘‘Environmental Restoration, Air Force’’;
(4) ‘‘Environmental Restoration, Defense-wide’’;
(5) ‘‘Environmental Restoration, Formerly Used Defense
Sites’’; and
(6) ‘‘Drug Interdiction and Counter-drug Activities,
Defense’’.
Certification.
(TRANSFER OF FUNDS)
SEC. 8008. During the current fiscal year, cash balances in
working capital funds of the Department of Defense established
pursuant to section 2208 of title 10, United States Code, may
be maintained in only such amounts as are necessary at any time
for cash disbursements to be made from such funds: Provided,
That transfers may be made between such funds: Provided further,
That transfers may be made between working capital funds and
the ‘‘Foreign Currency Fluctuations, Defense’’ appropriation and
the ‘‘Operation and Maintenance’’ appropriation accounts in such
amounts as may be determined by the Secretary of Defense, with
the approval of the Office of Management and Budget, except that
such transfers may not be made unless the Secretary of Defense
has notified the Congress of the proposed transfer: Provided further,
That except in amounts equal to the amounts appropriated to
working capital funds in this Act, no obligations may be made
against a working capital fund to procure or increase the value
of war reserve material inventory, unless the Secretary of Defense
has notified the Congress prior to any such obligation.
SEC. 8009. Funds appropriated by this Act may not be used
to initiate a special access program without prior notification 30
calendar days in advance to the congressional defense committees.
SEC. 8010. None of the funds provided in this Act shall be
available to initiate: (1) a multiyear contract that employs economic
order quantity procurement in excess of $20,000,000 in any one
year of the contract or that includes an unfunded contingent liability
in excess of $20,000,000; or (2) a contract for advance procurement
leading to a multiyear contract that employs economic order
quantity procurement in excess of $20,000,000 in any one year,
unless the congressional defense committees have been notified
at least 30 days in advance of the proposed contract award: Provided, That no part of any appropriation contained in this Act
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Notifications.
Contracts.
Notification.
Time period.
PUBL031
131 STAT. 248
Human rights.
Determination.
Hawaii.
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shall be available to initiate a multiyear contract for which the
economic order quantity advance procurement is not funded at
least to the limits of the Government’s liability: Provided further,
That no part of any appropriation contained in this Act shall
be available to initiate multiyear procurement contracts for any
systems or component thereof if the value of the multiyear contract
would exceed $500,000,000 unless specifically provided in this Act:
Provided further, That no multiyear procurement contract can be
terminated without 30-day prior notification to the congressional
defense committees: Provided further, That the execution of
multiyear authority shall require the use of a present value analysis
to determine lowest cost compared to an annual procurement: Provided further, That none of the funds provided in this Act may
be used for a multiyear contract executed after the date of the
enactment of this Act unless in the case of any such contract—
(1) the Secretary of Defense has submitted to Congress
a budget request for full funding of units to be procured through
the contract and, in the case of a contract for procurement
of aircraft, that includes, for any aircraft unit to be procured
through the contract for which procurement funds are requested
in that budget request for production beyond advance procurement activities in the fiscal year covered by the budget, full
funding of procurement of such unit in that fiscal year;
(2) cancellation provisions in the contract do not include
consideration of recurring manufacturing costs of the contractor
associated with the production of unfunded units to be delivered
under the contract;
(3) the contract provides that payments to the contractor
under the contract shall not be made in advance of incurred
costs on funded units; and
(4) the contract does not provide for a price adjustment
based on a failure to award a follow-on contract.
Funds appropriated in title III of this Act may be used for
a multiyear procurement contract as follows: AH–64E Apache Helicopter and UH–60M Blackhawk Helicopter.
SEC. 8011. Within the funds appropriated for the operation
and maintenance of the Armed Forces, funds are hereby appropriated pursuant to section 401 of title 10, United States Code,
for humanitarian and civic assistance costs under chapter 20 of
title 10, United States Code. Such funds may also be obligated
for humanitarian and civic assistance costs incidental to authorized
operations and pursuant to authority granted in section 401 of
chapter 20 of title 10, United States Code, and these obligations
shall be reported as required by section 401(d) of title 10, United
States Code: Provided, That funds available for operation and
maintenance shall be available for providing humanitarian and
similar assistance by using Civic Action Teams in the Trust Territories of the Pacific Islands and freely associated states of Micronesia, pursuant to the Compact of Free Association as authorized
by Public Law 99–239: Provided further, That upon a determination
by the Secretary of the Army that such action is beneficial for
graduate medical education programs conducted at Army medical
facilities located in Hawaii, the Secretary of the Army may authorize
the provision of medical services at such facilities and transportation to such facilities, on a nonreimbursable basis, for civilian
patients from American Samoa, the Commonwealth of the Northern
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131 STAT. 249
Mariana Islands, the Marshall Islands, the Federated States of
Micronesia, Palau, and Guam.
SEC. 8012. (a) During fiscal year 2017, the civilian personnel
of the Department of Defense may not be managed on the basis
of any end-strength, and the management of such personnel during
that fiscal year shall not be subject to any constraint or limitation
(known as an end-strength) on the number of such personnel who
may be employed on the last day of such fiscal year.
(b) The fiscal year 2018 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2018 Department of Defense budget
request shall be prepared and submitted to the Congress as if
subsections (a) and (b) of this provision were effective with regard
to fiscal year 2018.
(c) As required by section 1107 of the National Defense
Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10
U.S.C. 2358 note) civilian personnel at the Department of Army
Science and Technology Reinvention Laboratories may not be managed on the basis of the Table of Distribution and Allowances,
and the management of the workforce strength shall be done in
a manner consistent with the budget available with respect to
such Laboratories.
(d) Nothing in this section shall be construed to apply to military (civilian) technicians.
SEC. 8013. None of the funds appropriated by this Act shall
be used for the support of any nonappropriated funds activity
of the Department of Defense that procures malt beverages and
wine with nonappropriated funds for resale (including such alcoholic
beverages sold by the drink) on a military installation located
in the United States unless such malt beverages and wine are
procured within that State, or in the case of the District of
Columbia, within the District of Columbia, in which the military
installation is located: Provided, That, in a case in which the
military installation is located in more than one State, purchases
may be made in any State in which the installation is located:
Provided further, That such local procurement requirements for
malt beverages and wine shall apply to all alcoholic beverages
only for military installations in States which are not contiguous
with another State: Provided further, That alcoholic beverages other
than wine and malt beverages, in contiguous States and the District
of Columbia shall be procured from the most competitive source,
price and other factors considered.
SEC. 8014. None of the funds made available by this Act shall
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
the Congress.
SEC. 8015. None of the funds appropriated by this Act shall
be available for the basic pay and allowances of any member of
the Army participating as a full-time student and receiving benefits
paid by the Secretary of Veterans Affairs from the Department
of Defense Education Benefits Fund when time spent as a fulltime student is credited toward completion of a service commitment:
Provided, That this section shall not apply to those members who
have reenlisted with this option prior to October 1, 1987: Provided
further, That this section applies only to active components of
the Army.
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Contracts.
Alcohol and
alcoholic
beverages.
Applicability.
Lobbying.
Time period.
Applicability.
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PUBLIC LAW 115–31—MAY 5, 2017
(TRANSFER OF FUNDS)
Definition.
Waiver authority.
Certification.
Waiver authority.
Certification.
Contracts.
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SEC. 8016. Funds appropriated in title III of this Act for the
Department of Defense Pilot Mentor-Prote´ge´ Program may be transferred to any other appropriation contained in this Act solely for
the purpose of implementing a Mentor-Prote´ge´ Program developmental assistance agreement pursuant to section 831 of the
National Defense Authorization Act for Fiscal Year 1991 (Public
Law 101–510; 10 U.S.C. 2302 note), as amended, under the
authority of this provision or any other transfer authority contained
in this Act.
SEC. 8017. None of the funds in this Act may be available
for the purchase by the Department of Defense (and its departments
and agencies) of welded shipboard anchor and mooring chain 4
inches in diameter and under unless the anchor and mooring chain
are manufactured in the United States from components which
are substantially manufactured in the United States: Provided,
That for the purpose of this section, the term ‘‘manufactured’’ shall
include cutting, heat treating, quality control, testing of chain and
welding (including the forging and shot blasting process): Provided
further, That for the purpose of this section substantially all of
the components of anchor and mooring chain shall be considered
to be produced or manufactured in the United States if the aggregate cost of the components produced or manufactured in the United
States exceeds the aggregate cost of the components produced or
manufactured outside the United States: Provided further, That
when adequate domestic supplies are not available to meet Department of Defense requirements on a timely basis, the Secretary
of the service responsible for the procurement may waive this
restriction on a case-by-case basis by certifying in writing to the
Committees on Appropriations that such an acquisition must be
made in order to acquire capability for national security purposes.
SEC. 8018. Of the amounts appropriated for ‘‘Working Capital
Fund, Army’’, $140,000,000 shall be available to maintain competitive rates at the arsenals.
SEC. 8019. None of the funds available to the Department
of Defense may be used to demilitarize or dispose of M–1 Carbines,
M–1 Garand rifles, M–14 rifles, .22 caliber rifles, .30 caliber rifles,
or M–1911 pistols, or to demilitarize or destroy small arms ammunition or ammunition components that are not otherwise prohibited
from commercial sale under Federal law, unless the small arms
ammunition or ammunition components are certified by the Secretary of the Army or designee as unserviceable or unsafe for
further use.
SEC. 8020. No more than $500,000 of the funds appropriated
or made available in this Act shall be used during a single fiscal
year for any single relocation of an organization, unit, activity
or function of the Department of Defense into or within the National
Capital Region: Provided, That the Secretary of Defense may waive
this restriction on a case-by-case basis by certifying in writing
to the congressional defense committees that such a relocation
is required in the best interest of the Government.
SEC. 8021. Of the funds made available in this Act, $15,000,000
shall be available for incentive payments authorized by section
504 of the Indian Financing Act of 1974 (25 U.S.C. 1544): Provided,
That a prime contractor or a subcontractor at any tier that makes
a subcontract award to any subcontractor or supplier as defined
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131 STAT. 251
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code, shall be considered
a contractor for the purposes of being allowed additional compensation under section 504 of the Indian Financing Act of 1974 (25
U.S.C. 1544) whenever the prime contract or subcontract amount
is over $500,000 and involves the expenditure of funds appropriated
by an Act making appropriations for the Department of Defense
with respect to any fiscal year: Provided further, That notwithstanding section 1906 of title 41, United States Code, this section
shall be applicable to any Department of Defense acquisition of
supplies or services, including any contract and any subcontract
at any tier for acquisition of commercial items produced or manufactured, in whole or in part, by any subcontractor or supplier defined
in section 1544 of title 25, United States Code, or a small business
owned and controlled by an individual or individuals defined under
section 4221(9) of title 25, United States Code.
SEC. 8022. Funds appropriated by this Act for the Defense
Media Activity shall not be used for any national or international
political or psychological activities.
SEC. 8023. During the current fiscal year, the Department
of Defense is authorized to incur obligations of not to exceed
$350,000,000 for purposes specified in section 2350j(c) of title 10,
United States Code, in anticipation of receipt of contributions, only
from the Government of Kuwait, under that section: Provided,
That, upon receipt, such contributions from the Government of
Kuwait shall be credited to the appropriations or fund which
incurred such obligations.
SEC. 8024. (a) Of the funds made available in this Act, not
less than $40,021,000 shall be available for the Civil Air Patrol
Corporation, of which—
(1) $28,000,000 shall be available from ‘‘Operation and
Maintenance, Air Force’’ to support Civil Air Patrol Corporation
operation and maintenance, readiness, counter-drug activities,
and drug demand reduction activities involving youth programs;
(2) $10,337,000 shall be available from ‘‘Aircraft Procurement, Air Force’’; and
(3) $1,684,000 shall be available from ‘‘Other Procurement,
Air Force’’ for vehicle procurement.
(b) The Secretary of the Air Force should waive reimbursement
for any funds used by the Civil Air Patrol for counter-drug activities
in support of Federal, State, and local government agencies.
SEC. 8025. (a) None of the funds appropriated in this Act
are available to establish a new Department of Defense (department) federally funded research and development center (FFRDC),
either as a new entity, or as a separate entity administrated by
an organization managing another FFRDC, or as a nonprofit membership corporation consisting of a consortium of other FFRDCs
and other nonprofit entities.
(b) No member of a Board of Directors, Trustees, Overseers,
Advisory Group, Special Issues Panel, Visiting Committee, or any
similar entity of a defense FFRDC, and no paid consultant to
any defense FFRDC, except when acting in a technical advisory
capacity, may be compensated for his or her services as a member
of such entity, or as a paid consultant by more than one FFRDC
in a fiscal year: Provided, That a member of any such entity
referred to previously in this subsection shall be allowed travel
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Applicability.
Kuwait.
Reimbursement.
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Reports.
Contracts.
Canada.
Applicability.
Waiver authority.
Certification.
Definition.
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expenses and per diem as authorized under the Federal Joint Travel
Regulations, when engaged in the performance of membership
duties.
(c) Notwithstanding any other provision of law, none of the
funds available to the department from any source during the
current fiscal year may be used by a defense FFRDC, through
a fee or other payment mechanism, for construction of new buildings
not located on a military installation, for payment of cost sharing
for projects funded by Government grants, for absorption of contract
overruns, or for certain charitable contributions, not to include
employee participation in community service and/or development.
(d) Notwithstanding any other provision of law, of the funds
available to the department during fiscal year 2017, not more
than 5,750 staff years of technical effort (staff years) may be funded
for defense FFRDCs: Provided, That, of the specific amount referred
to previously in this subsection, not more than 1,125 staff years
may be funded for the defense studies and analysis FFRDCs: Provided further, That this subsection shall not apply to staff years
funded in the National Intelligence Program (NIP) and the Military
Intelligence Program (MIP).
(e) The Secretary of Defense shall, with the submission of
the department’s fiscal year 2018 budget request, submit a report
presenting the specific amounts of staff years of technical effort
to be allocated for each defense FFRDC during that fiscal year
and the associated budget estimates.
(f) Notwithstanding any other provision of this Act, the total
amount appropriated in this Act for FFRDCs is hereby reduced
by $60,000,000.
SEC. 8026. None of the funds appropriated or made available
in this Act shall be used to procure carbon, alloy, or armor steel
plate for use in any Government-owned facility or property under
the control of the Department of Defense which were not melted
and rolled in the United States or Canada: Provided, That these
procurement restrictions shall apply to any and all Federal Supply
Class 9515, American Society of Testing and Materials (ASTM)
or American Iron and Steel Institute (AISI) specifications of carbon,
alloy or armor steel plate: Provided further, That the Secretary
of the military department responsible for the procurement may
waive this restriction on a case-by-case basis by certifying in writing
to the Committees on Appropriations of the House of Representatives and the Senate that adequate domestic supplies are not available to meet Department of Defense requirements on a timely
basis and that such an acquisition must be made in order to
acquire capability for national security purposes: Provided further,
That these restrictions shall not apply to contracts which are in
being as of the date of the enactment of this Act.
SEC. 8027. For the purposes of this Act, the term ‘‘congressional
defense committees’’ means the Armed Services Committee of the
House of Representatives, the Armed Services Committee of the
Senate, the Subcommittee on Defense of the Committee on Appropriations of the Senate, and the Subcommittee on Defense of the
Committee on Appropriations of the House of Representatives.
SEC. 8028. During the current fiscal year, the Department
of Defense may acquire the modification, depot maintenance and
repair of aircraft, vehicles and vessels as well as the production
of components and other Defense-related articles, through competition between Department of Defense depot maintenance activities
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and private firms: Provided, That the Senior Acquisition Executive
of the military department or Defense Agency concerned, with power
of delegation, shall certify that successful bids include comparable
estimates of all direct and indirect costs for both public and private
bids: Provided further, That Office of Management and Budget
Circular A–76 shall not apply to competitions conducted under
this section.
SEC. 8029. (a)(1) If the Secretary of Defense, after consultation
with the United States Trade Representative, determines that a
foreign country which is party to an agreement described in paragraph (2) has violated the terms of the agreement by discriminating
against certain types of products produced in the United States
that are covered by the agreement, the Secretary of Defense shall
rescind the Secretary’s blanket waiver of the Buy American Act
with respect to such types of products produced in that foreign
country.
(2) An agreement referred to in paragraph (1) is any reciprocal
defense procurement memorandum of understanding, between the
United States and a foreign country pursuant to which the Secretary
of Defense has prospectively waived the Buy American Act for
certain products in that country.
(b) The Secretary of Defense shall submit to the Congress
a report on the amount of Department of Defense purchases from
foreign entities in fiscal year 2017. Such report shall separately
indicate the dollar value of items for which the Buy American
Act was waived pursuant to any agreement described in subsection
(a)(2), the Trade Agreement Act of 1979 (19 U.S.C. 2501 et seq.),
or any international agreement to which the United States is a
party.
(c) For purposes of this section, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
SEC. 8030. During the current fiscal year, amounts contained
in the Department of Defense Overseas Military Facility Investment
Recovery Account established by section 2921(c)(1) of the National
Defense Authorization Act of 1991 (Public Law 101–510; 10 U.S.C.
2687 note) shall be available until expended for the payments
specified by section 2921(c)(2) of that Act.
SEC. 8031. (a) Notwithstanding any other provision of law,
the Secretary of the Air Force may convey at no cost to the Air
Force, without consideration, to Indian tribes located in the States
of Nevada, Idaho, North Dakota, South Dakota, Montana, Oregon,
Minnesota, and Washington relocatable military housing units
located at Grand Forks Air Force Base, Malmstrom Air Force Base,
Mountain Home Air Force Base, Ellsworth Air Force Base, and
Minot Air Force Base that are excess to the needs of the Air
Force.
(b) The Secretary of the Air Force shall convey, at no cost
to the Air Force, military housing units under subsection (a) in
accordance with the request for such units that are submitted
to the Secretary by the Operation Walking Shield Program on
behalf of Indian tribes located in the States of Nevada, Idaho,
North Dakota, South Dakota, Montana, Oregon, Minnesota, and
Washington. Any such conveyance shall be subject to the condition
that the housing units shall be removed within a reasonable period
of time, as determined by the Secretary.
(c) The Operation Walking Shield Program shall resolve any
conflicts among requests of Indian tribes for housing units under
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Certification.
Consultation.
Determination.
Memorandum.
Reports.
Definition.
Land
conveyances.
Native
Americans.
State listing.
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Definition.
Regulations.
Tobacco and
tobacco products.
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subsection (a) before submitting requests to the Secretary of the
Air Force under subsection (b).
(d) In this section, the term ‘‘Indian tribe’’ means any recognized
Indian tribe included on the current list published by the Secretary
of the Interior under section 104 of the Federally Recognized Indian
Tribe Act of 1994 (Public Law 103–454; 108 Stat. 4792; 25 U.S.C.
479a–1).
SEC. 8032. During the current fiscal year, appropriations which
are available to the Department of Defense for operation and
maintenance may be used to purchase items having an investment
item unit cost of not more than $250,000.
SEC. 8033. None of the funds made available by this Act may
be used to—
(1) disestablish, or prepare to disestablish, a Senior Reserve
Officers’ Training Corps program in accordance with Department of Defense Instruction Number 1215.08, dated June 26,
2006; or
(2) close, downgrade from host to extension center, or place
on probation a Senior Reserve Officers’ Training Corps program
in accordance with the information paper of the Department
of the Army titled ‘‘Army Senior Reserve Officers’ Training
Corps (SROTC) Program Review and Criteria’’, dated January
27, 2014.
SEC. 8034. The Secretary of Defense shall issue regulations
to prohibit the sale of any tobacco or tobacco-related products in
military resale outlets in the United States, its territories and
possessions at a price below the most competitive price in the
local community: Provided, That such regulations shall direct that
the prices of tobacco or tobacco-related products in overseas military
retail outlets shall be within the range of prices established for
military retail system stores located in the United States.
SEC. 8035. (a) During the current fiscal year, none of the
appropriations or funds available to the Department of Defense
Working Capital Funds shall be used for the purchase of an investment item for the purpose of acquiring a new inventory item for
sale or anticipated sale during the current fiscal year or a subsequent fiscal year to customers of the Department of Defense
Working Capital Funds if such an item would not have been chargeable to the Department of Defense Business Operations Fund during
fiscal year 1994 and if the purchase of such an investment item
would be chargeable during the current fiscal year to appropriations
made to the Department of Defense for procurement.
(b) The fiscal year 2018 budget request for the Department
of Defense as well as all justification material and other documentation supporting the fiscal year 2018 Department of Defense budget
shall be prepared and submitted to the Congress on the basis
that any equipment which was classified as an end item and funded
in a procurement appropriation contained in this Act shall be budgeted for in a proposed fiscal year 2018 procurement appropriation
and not in the supply management business area or any other
area or category of the Department of Defense Working Capital
Funds.
SEC. 8036. None of the funds appropriated by this Act for
programs of the Central Intelligence Agency shall remain available
for obligation beyond the current fiscal year, except for funds appropriated for the Reserve for Contingencies, which shall remain available until September 30, 2018: Provided, That funds appropriated,
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transferred, or otherwise credited to the Central Intelligence Agency
Central Services Working Capital Fund during this or any prior
or subsequent fiscal year shall remain available until expended:
Provided further, That any funds appropriated or transferred to
the Central Intelligence Agency for advanced research and development acquisition, for agent operations, and for covert action programs authorized by the President under section 503 of the National
Security Act of 1947 (50 U.S.C. 3093) shall remain available until
September 30, 2018.
SEC. 8037. Notwithstanding any other provision of law, funds
made available in this Act and hereafter for the Defense Intelligence
Agency may be used for the design, development, and deployment
of General Defense Intelligence Program intelligence communications and intelligence information systems for the Services, the
Unified and Specified Commands, and the component commands.
SEC. 8038. Of the funds appropriated to the Department of
Defense under the heading ‘‘Operation and Maintenance, DefenseWide’’, not less than $12,000,000 shall be made available only
for the mitigation of environmental impacts, including training
and technical assistance to tribes, related administrative support,
the gathering of information, documenting of environmental damage, and developing a system for prioritization of mitigation and
cost to complete estimates for mitigation, on Indian lands resulting
from Department of Defense activities.
SEC. 8039. (a) None of the funds appropriated in this Act
may be expended by an entity of the Department of Defense unless
the entity, in expending the funds, complies with the Buy American
Act. For purposes of this subsection, the term ‘‘Buy American Act’’
means chapter 83 of title 41, United States Code.
(b) If the Secretary of Defense determines that a person has
been convicted of intentionally affixing a label bearing a ‘‘Made
in America’’ inscription to any product sold in or shipped to the
United States that is not made in America, the Secretary shall
determine, in accordance with section 2410f of title 10, United
States Code, whether the person should be debarred from contracting with the Department of Defense.
(c) In the case of any equipment or products purchased with
appropriations provided under this Act, it is the sense of the Congress that any entity of the Department of Defense, in expending
the appropriation, purchase only American-made equipment and
products, provided that American-made equipment and products
are cost-competitive, quality competitive, and available in a timely
fashion.
SEC. 8040. Notwithstanding any other provision of law, none
of the funds appropriated or otherwise made available by this
or any other Act may be used to consolidate or relocate any element
of a United States Air Force Rapid Engineer Deployable Heavy
Operational Repair Squadron Engineer (RED HORSE) outside of
the United States until the Secretary of the Air Force—
(1) completes an analysis and comparison of the cost and
infrastructure investment required to consolidate or relocate
a RED HORSE squadron outside of the United States versus
within the United States;
(2) provides to the congressional defense committees a
report detailing the findings of the cost analysis; and
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Determination.
Analysis.
Reports.
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Certification.
Waiver authority.
Determination.
Certification.
Contracts.
Determination.
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(3) certifies in writing to the congressional defense committees that the preferred site for the consolidation or relocation
yields the greatest savings for the Air Force:
Provided, That the term ‘‘United States’’ in this section does not
include any territory or possession of the United States.
SEC. 8041. (a) Except as provided in subsections (b) and (c),
none of the funds made available by this Act may be used—
(1) to establish a field operating agency; or
(2) to pay the basic pay of a member of the Armed Forces
or civilian employee of the department who is transferred or
reassigned from a headquarters activity if the member or
employee’s place of duty remains at the location of that headquarters.
(b) The Secretary of Defense or Secretary of a military department may waive the limitations in subsection (a), on a case-bycase basis, if the Secretary determines, and certifies to the Committees on Appropriations of the House of Representatives and the
Senate that the granting of the waiver will reduce the personnel
requirements or the financial requirements of the department.
(c) This section does not apply to—
(1) field operating agencies funded within the National
Intelligence Program;
(2) an Army field operating agency established to eliminate,
mitigate, or counter the effects of improvised explosive devices,
and, as determined by the Secretary of the Army, other similar
threats;
(3) an Army field operating agency established to improve
the effectiveness and efficiencies of biometric activities and
to integrate common biometric technologies throughout the
Department of Defense; or
(4) an Air Force field operating agency established to
administer the Air Force Mortuary Affairs Program and Mortuary Operations for the Department of Defense and authorized
Federal entities.
SEC. 8042. (a) None of the funds appropriated by this Act
shall be available to convert to contractor performance an activity
or function of the Department of Defense that, on or after the
date of the enactment of this Act, is performed by Department
of Defense civilian employees unless—
(1) the conversion is based on the result of a public-private
competition that includes a most efficient and cost effective
organization plan developed by such activity or function;
(2) the Competitive Sourcing Official determines that, over
all performance periods stated in the solicitation of offers for
performance of the activity or function, the cost of performance
of the activity or function by a contractor would be less costly
to the Department of Defense by an amount that equals or
exceeds the lesser of—
(A) 10 percent of the most efficient organization’s personnel-related costs for performance of that activity or function by Federal employees; or
(B) $10,000,000; and
(3) the contractor does not receive an advantage for a
proposal that would reduce costs for the Department of Defense
by—
(A) not making an employer-sponsored health insurance plan available to the workers who are to be employed
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in the performance of that activity or function under the
contract; or
(B) offering to such workers an employer-sponsored
health benefits plan that requires the employer to contribute less towards the premium or subscription share
than the amount that is paid by the Department of Defense
for health benefits for civilian employees under chapter
89 of title 5, United States Code.
(b)(1) The Department of Defense, without regard to subsection
(a) of this section or subsection (a), (b), or (c) of section 2461
of title 10, United States Code, and notwithstanding any administrative regulation, requirement, or policy to the contrary shall have
full authority to enter into a contract for the performance of any
commercial or industrial type function of the Department of Defense
that—
(A) is included on the procurement list established pursuant
to section 2 of the Javits-Wagner-O’Day Act (section 8503 of
title 41, United States Code);
(B) is planned to be converted to performance by a qualified
nonprofit agency for the blind or by a qualified nonprofit agency
for other severely handicapped individuals in accordance with
that Act; or
(C) is planned to be converted to performance by a qualified
firm under at least 51 percent ownership by an Indian tribe,
as defined in section 4(e) of the Indian Self-Determination
and Education Assistance Act (25 U.S.C. 450b(e)), or a Native
Hawaiian Organization, as defined in section 8(a)(15) of the
Small Business Act (15 U.S.C. 637(a)(15)).
(2) This section shall not apply to depot contracts or contracts
for depot maintenance as provided in sections 2469 and 2474 of
title 10, United States Code.
(c) The conversion of any activity or function of the Department
of Defense under the authority provided by this section shall be
credited toward any competitive or outsourcing goal, target, or
measurement that may be established by statute, regulation, or
policy and is deemed to be awarded under the authority of, and
in compliance with, subsection (h) of section 2304 of title 10, United
States Code, for the competition or outsourcing of commercial activities.
(RESCISSIONS)
SEC. 8043. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as
amended:
‘‘Aircraft Procurement, Army’’, 2015/2017, $15,000,000;
‘‘Other Procurement, Army’’, 2015/2017, $23,045,000;
‘‘Aircraft Procurement, Navy’’, 2015/2017, $88,000,000;
‘‘Weapons Procurement, Navy’’, 2015/2017, $11,933,000;
‘‘Procurement of Ammunition, Navy and Marine Corps’’,
2015/2017, $43,600,000;
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North Korea.
Reimbursement.
Drugs and drug
abuse.
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‘‘Aircraft Procurement, Air Force’’, 2015/2017, $57,000,000;
‘‘Other Procurement, Air Force’’, 2015/2017, $25,500,000;
‘‘Aircraft Procurement, Army’’, 2016/2018, $34,594,000;
‘‘Procurement
of
Ammunition,
Army’’,
2016/2018,
$5,000,000;
‘‘Other Procurement, Army’’, 2016/2018, $84,100,000;
‘‘Aircraft Procurement, Navy’’, 2016/2018, $6,755,000;
‘‘Weapons Procurement, Navy’’, 2016/2018, $5,307,000;
‘‘Procurement of Ammunition, Navy and Marine Corps’’,
2016/2018, $6,968,000;
‘‘Shipbuilding and Conversion, Navy’’, 2016/2020: DDG-51
Destroyer, $50,000,000;
‘‘Shipbuilding and Conversion, Navy’’, 2016/2020: LPD-17,
$14,906,000;
‘‘Shipbuilding and Conversion, Navy’’, 2016/2020: LX (R),
(AP), $236,000,000;
‘‘Other Procurement, Navy’’, 2016/2018, $56,374,000;
‘‘Aircraft
Procurement,
Air
Force’’,
2016/2018,
$383,200,000;
‘‘Missile Procurement, Air Force’’, 2016/2018, $34,700,000;
‘‘Space Procurement, Air Force’’, 2016/2018, $100,000,000;
‘‘Other Procurement, Air Force’’, 2016/2018, $56,369,000;
‘‘Procurement, Defense-Wide’’, 2016/2018, $2,600,000;
‘‘Research, Development, Test and Evaluation, Army’’,
2016/2017, $33,402,000;
‘‘Research, Development, Test and Evaluation, Navy’’, 2016/
2017, $31,219,000;
‘‘Research, Development, Test and Evaluation, Air Force’’,
2016/2017, $532,550,000; and
‘‘Research, Development, Test and Evaluation, DefenseWide’’, 2016/2017, $64,500,000.
SEC. 8044. None of the funds available in this Act may be
used to reduce the authorized positions for military technicians
(dual status) of the Army National Guard, Air National Guard,
Army Reserve and Air Force Reserve for the purpose of applying
any administratively imposed civilian personnel ceiling, freeze, or
reduction on military technicians (dual status), unless such reductions are a direct result of a reduction in military force structure.
SEC. 8045. None of the funds appropriated or otherwise made
available in this Act may be obligated or expended for assistance
to the Democratic People’s Republic of Korea unless specifically
appropriated for that purpose.
SEC. 8046. Funds appropriated in this Act for operation and
maintenance of the Military Departments, Combatant Commands
and Defense Agencies shall be available for reimbursement of pay,
allowances and other expenses which would otherwise be incurred
against appropriations for the National Guard and Reserve when
members of the National Guard and Reserve provide intelligence
or counterintelligence support to Combatant Commands, Defense
Agencies and Joint Intelligence Activities, including the activities
and programs included within the National Intelligence Program
and the Military Intelligence Program: Provided, That nothing in
this section authorizes deviation from established Reserve and
National Guard personnel and training procedures.
SEC. 8047. (a) None of the funds available to the Department
of Defense for any fiscal year for drug interdiction or counterdrug activities may be transferred to any other department or
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agency of the United States except as specifically provided in an
appropriations law.
(b) None of the funds available to the Central Intelligence
Agency for any fiscal year for drug interdiction or counter-drug
activities may be transferred to any other department or agency
of the United States except as specifically provided in an appropriations law.
SEC. 8048. None of the funds appropriated by this Act may
be used for the procurement of ball and roller bearings other than
those produced by a domestic source and of domestic origin: Provided, That the Secretary of the military department responsible
for such procurement may waive this restriction on a case-bycase basis by certifying in writing to the Committees on Appropriations of the House of Representatives and the Senate, that adequate
domestic supplies are not available to meet Department of Defense
requirements on a timely basis and that such an acquisition must
be made in order to acquire capability for national security purposes: Provided further, That this restriction shall not apply to
the purchase of ‘‘commercial items’’, as defined by section 103
of title 41, United States Code, except that the restriction shall
apply to ball or roller bearings purchased as end items.
SEC. 8049. None of the funds made available by this Act may
be used to retire, divest, realign, or transfer RQ–4B Global Hawk
aircraft, or to disestablish or convert units associated with such
aircraft.
SEC. 8050. None of the funds made available by this Act for
Evolved Expendable Launch Vehicle service competitive procurements may be used unless the competitive procurements are open
for award to all certified providers of Evolved Expendable Launch
Vehicle-class systems: Provided, That the award shall be made
to the provider that offers the best value to the government.
SEC. 8051. In addition to the amounts appropriated or otherwise
made available elsewhere in this Act, $44,000,000 is hereby appropriated to the Department of Defense: Provided, That upon the
determination of the Secretary of Defense that it shall serve the
national interest, the Secretary shall make grants in the amounts
specified as follows: $20,000,000 to the United Service Organizations
and $24,000,000 to the Red Cross.
SEC. 8052. None of the funds in this Act may be used to
purchase any supercomputer which is not manufactured in the
United States, unless the Secretary of Defense certifies to the
congressional defense committees that such an acquisition must
be made in order to acquire capability for national security purposes
that is not available from United States manufacturers.
SEC. 8053. Notwithstanding any other provision in this Act,
the Small Business Innovation Research program and the Small
Business Technology Transfer program set-asides shall be taken
proportionally from all programs, projects, or activities to the extent
they contribute to the extramural budget.
SEC. 8054. None of the funds available to the Department
of Defense under this Act shall be obligated or expended to pay
a contractor under a contract with the Department of Defense
for costs of any amount paid by the contractor to an employee
when—
(1) such costs are for a bonus or otherwise in excess of
the normal salary paid by the contractor to the employee;
and
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Contracts.
Ball and roller
bearings.
Waiver authority.
Certification.
Applicability.
Award.
Determination.
Grants.
Contracts.
Supercomputer.
Certification.
Contracts.
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(2) such bonus is part of restructuring costs associated
with a business combination.
(INCLUDING TRANSFER OF FUNDS)
Reimbursement.
Fleet
modification.
VerDate Sep 11 2014
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SEC. 8055. During the current fiscal year, no more than
$30,000,000 of appropriations made in this Act under the heading
‘‘Operation and Maintenance, Defense-Wide’’ may be transferred
to appropriations available for the pay of military personnel, to
be merged with, and to be available for the same time period
as the appropriations to which transferred, to be used in support
of such personnel in connection with support and services for eligible
organizations and activities outside the Department of Defense
pursuant to section 2012 of title 10, United States Code.
SEC. 8056. During the current fiscal year, in the case of an
appropriation account of the Department of Defense for which the
period of availability for obligation has expired or which has closed
under the provisions of section 1552 of title 31, United States
Code, and which has a negative unliquidated or unexpended balance, an obligation or an adjustment of an obligation may be
charged to any current appropriation account for the same purpose
as the expired or closed account if—
(1) the obligation would have been properly chargeable
(except as to amount) to the expired or closed account before
the end of the period of availability or closing of that account;
(2) the obligation is not otherwise properly chargeable to
any current appropriation account of the Department of
Defense; and
(3) in the case of an expired account, the obligation is
not chargeable to a current appropriation of the Department
of Defense under the provisions of section 1405(b)(8) of the
National Defense Authorization Act for Fiscal Year 1991, Public
Law 101–510, as amended (31 U.S.C. 1551 note): Provided,
That in the case of an expired account, if subsequent review
or investigation discloses that there was not in fact a negative
unliquidated or unexpended balance in the account, any charge
to a current account under the authority of this section shall
be reversed and recorded against the expired account: Provided
further, That the total amount charged to a current appropriation under this section may not exceed an amount equal to
1 percent of the total appropriation for that account.
SEC. 8057. (a) Notwithstanding any other provision of law,
the Chief of the National Guard Bureau may permit the use of
equipment of the National Guard Distance Learning Project by
any person or entity on a space-available, reimbursable basis. The
Chief of the National Guard Bureau shall establish the amount
of reimbursement for such use on a case-by-case basis.
(b) Amounts collected under subsection (a) shall be credited
to funds available for the National Guard Distance Learning Project
and be available to defray the costs associated with the use of
equipment of the project under that subsection. Such funds shall
be available for such purposes without fiscal year limitation.
SEC. 8058. None of the funds available to the Department
of Defense may be obligated to modify command and control relationships to give Fleet Forces Command operational and administrative control of United States Navy forces assigned to the Pacific
fleet: Provided, That the command and control relationships which
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existed on October 1, 2004, shall remain in force until a written
modification has been proposed to the House and Senate Appropriations Committees: Provided further, That the proposed modification
may be implemented 30 days after the notification unless an objection is received from either the House or Senate Appropriations
Committees: Provided further, That any proposed modification shall
not preclude the ability of the commander of United States Pacific
Command to meet operational requirements.
Implementation
date.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8059. Of the funds appropriated in this Act under the
heading ‘‘Operation and Maintenance, Defense-wide’’, $25,000,000
shall be for continued implementation and expansion of the Sexual
Assault Special Victims’ Counsel Program: Provided, That the funds
are made available for transfer to the Department of the Army,
the Department of the Navy, and the Department of the Air Force:
Provided further, That funds transferred shall be merged with
and available for the same purposes and for the same time period
as the appropriations to which the funds are transferred: Provided
further, That this transfer authority is in addition to any other
transfer authority provided in this Act.
SEC. 8060. None of the funds appropriated in title IV of this
Act may be used to procure end-items for delivery to military
forces for operational training, operational use or inventory requirements: Provided, That this restriction does not apply to end-items
used in development, prototyping, and test activities preceding and
leading to acceptance for operational use: Provided further, That
this restriction does not apply to programs funded within the
National Intelligence Program: Provided further, That the Secretary
of Defense may waive this restriction on a case-by-case basis by
certifying in writing to the Committees on Appropriations of the
House of Representatives and the Senate that it is in the national
security interest to do so.
SEC. 8061. (a) The Secretary of Defense may, on a case-bycase basis, waive with respect to a foreign country each limitation
on the procurement of defense items from foreign sources provided
in law if the Secretary determines that the application of the
limitation with respect to that country would invalidate cooperative
programs entered into between the Department of Defense and
the foreign country, or would invalidate reciprocal trade agreements
for the procurement of defense items entered into under section
2531 of title 10, United States Code, and the country does not
discriminate against the same or similar defense items produced
in the United States for that country.
(b) Subsection (a) applies with respect to—
(1) contracts and subcontracts entered into on or after
the date of the enactment of this Act; and
(2) options for the procurement of items that are exercised
after such date under contracts that are entered into before
such date if the option prices are adjusted for any reason
other than the application of a waiver granted under subsection
(a).
(c) Subsection (a) does not apply to a limitation regarding
construction of public vessels, ball and roller bearings, food, and
clothing or textile materials as defined by section XI (chapters
50–65) of the Harmonized Tariff Schedule of the United States
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PUBLIC LAW 115–31—MAY 5, 2017
and products classified under headings 4010, 4202, 4203, 6401
through 6406, 6505, 7019, 7218 through 7229, 7304.41 through
7304.49, 7306.40, 7502 through 7508, 8105, 8108, 8109, 8211, 8215,
and 9404.
SEC. 8062. None of the funds appropriated or otherwise made
available by this or other Department of Defense Appropriations
Acts may be obligated or expended for the purpose of performing
repairs or maintenance to military family housing units of the
Department of Defense, including areas in such military family
housing units that may be used for the purpose of conducting
official Department of Defense business.
(INCLUDING TRANSFER OF FUNDS)
Reports.
Waiver authority.
Certification.
Classified.
Deadlines.
Reports.
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SEC. 8063. Of the amounts appropriated for ‘‘Operation and
Maintenance, Navy’’, up to $1,000,000 shall be available for transfer
to the John C. Stennis Center for Public Service Development
Trust Fund established under section 116 of the John C. Stennis
Center for Public Service Training and Development Act (2 U.S.C.
1105).
SEC. 8064. Notwithstanding any other provision of law, funds
appropriated in this Act under the heading ‘‘Research, Development,
Test and Evaluation, Defense-Wide’’ for any new start advanced
concept technology demonstration project or joint capability demonstration project may only be obligated 45 days after a report,
including a description of the project, the planned acquisition and
transition strategy and its estimated annual and total cost, has
been provided in writing to the congressional defense committees:
Provided, That the Secretary of Defense may waive this restriction
on a case-by-case basis by certifying to the congressional defense
committees that it is in the national interest to do so.
SEC. 8065. The Secretary of Defense shall continue to provide
a classified quarterly report to the House and Senate Appropriations
Committees, Subcommittees on Defense on certain matters as
directed in the classified annex accompanying this Act.
SEC. 8066. Notwithstanding section 12310(b) of title 10, United
States Code, a Reserve who is a member of the National Guard
serving on full-time National Guard duty under section 502(f) of
title 32, United States Code, may perform duties in support of
the ground-based elements of the National Ballistic Missile Defense
System.
SEC. 8067. None of the funds provided in this Act may be
used to transfer to any nongovernmental entity ammunition held
by the Department of Defense that has a center-fire cartridge
and a United States military nomenclature designation of ‘‘armor
penetrator’’, ‘‘armor piercing (AP)’’, ‘‘armor piercing incendiary
(API)’’, or ‘‘armor-piercing incendiary tracer (API–T)’’, except to
an entity performing demilitarization services for the Department
of Defense under a contract that requires the entity to demonstrate
to the satisfaction of the Department of Defense that armor piercing
projectiles are either: (1) rendered incapable of reuse by the demilitarization process; or (2) used to manufacture ammunition pursuant
to a contract with the Department of Defense or the manufacture
of ammunition for export pursuant to a License for Permanent
Export of Unclassified Military Articles issued by the Department
of State.
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131 STAT. 263
SEC. 8068. Notwithstanding any other provision of law, the
Chief of the National Guard Bureau, or his designee, may waive
payment of all or part of the consideration that otherwise would
be required under section 2667 of title 10, United States Code,
in the case of a lease of personal property for a period not in
excess of 1 year to any organization specified in section 508(d)
of title 32, United States Code, or any other youth, social, or
fraternal nonprofit organization as may be approved by the Chief
of the National Guard Bureau, or his designee, on a case-by-case
basis.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8069. Of the amounts appropriated in this Act under
the heading ‘‘Operation and Maintenance, Army’’, $75,950,170 shall
remain available until expended: Provided, That, notwithstanding
any other provision of law, the Secretary of Defense is authorized
to transfer such funds to other activities of the Federal Government:
Provided further, That the Secretary of Defense is authorized to
enter into and carry out contracts for the acquisition of real property, construction, personal services, and operations related to
projects carrying out the purposes of this section: Provided further,
That contracts entered into under the authority of this section
may provide for such indemnification as the Secretary determines
to be necessary: Provided further, That projects authorized by this
section shall comply with applicable Federal, State, and local law
to the maximum extent consistent with the national security, as
determined by the Secretary of Defense.
SEC. 8070. (a) None of the funds appropriated in this or any
other Act may be used to take any action to modify—
(1) the appropriations account structure for the National
Intelligence Program budget, including through the creation
of a new appropriation or new appropriation account;
(2) how the National Intelligence Program budget request
is presented in the unclassified P–1, R–1, and O–1 documents
supporting the Department of Defense budget request;
(3) the process by which the National Intelligence Program
appropriations are apportioned to the executing agencies; or
(4) the process by which the National Intelligence Program
appropriations are allotted, obligated and disbursed.
(b) Nothing in section (a) shall be construed to prohibit the
merger of programs or changes to the National Intelligence Program
budget at or below the Expenditure Center level, provided such
change is otherwise in accordance with paragraphs (a)(1)–(3).
(c) The Director of National Intelligence and the Secretary
of Defense may jointly, only for the purposes of achieving auditable
financial statements and improving fiscal reporting, study and
develop detailed proposals for alternative financial management
processes. Such study shall include a comprehensive counterintelligence risk assessment to ensure that none of the alternative
processes will adversely affect counterintelligence.
(d) Upon development of the detailed proposals defined under
subsection (c), the Director of National Intelligence and the Secretary of Defense shall—
(1) provide the proposed alternatives to all affected agencies;
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Compliance.
Determination.
Study.
Assessment.
PUBL031
131 STAT. 264
Certification.
Deadline.
Determination.
Grants.
Fisher House
Foundation.
PUBLIC LAW 115–31—MAY 5, 2017
(2) receive certification from all affected agencies attesting
that the proposed alternatives will help achieve auditability,
improve fiscal reporting, and will not adversely affect counterintelligence; and
(3) not later than 30 days after receiving all necessary
certifications under paragraph (2), present the proposed alternatives and certifications to the congressional defense and intelligence committees.
SEC. 8071. In addition to amounts provided elsewhere in this
Act, $5,000,000 is hereby appropriated to the Department of
Defense, to remain available for obligation until expended: Provided,
That notwithstanding any other provision of law, that upon the
determination of the Secretary of Defense that it shall serve the
national interest, these funds shall be available only for a grant
to the Fisher House Foundation, Inc., only for the construction
and furnishing of additional Fisher Houses to meet the needs of
military family members when confronted with the illness or hospitalization of an eligible military beneficiary.
(INCLUDING TRANSFER OF FUNDS)
Israel.
Contracts.
SEC. 8072. Of the amounts appropriated in this Act under
the headings ‘‘Procurement, Defense-Wide’’ and ‘‘Research, Development, Test and Evaluation, Defense-Wide’’, $600,735,000 shall be
for the Israeli Cooperative Programs: Provided, That of this amount,
$62,000,000 shall be for the Secretary of Defense to provide to
the Government of Israel for the procurement of the Iron Dome
defense system to counter short-range rocket threats, subject to
the U.S.-Israel Iron Dome Procurement Agreement, as amended;
$266,511,000 shall be for the Short Range Ballistic Missile Defense
(SRBMD) program, including cruise missile defense research and
development under the SRBMD program, of which $150,000,000
shall be for co-production activities of SRBMD missiles in the United
States and in Israel to meet Israel’s defense requirements consistent
with each nation’s laws, regulations, and procedures, of which not
more than $90,000,000, subject to previously established transfer
procedures, may be obligated or expended until establishment of
a U.S.-Israeli co-production agreement for SRBMD; $204,893,000
shall be for an upper-tier component to the Israeli Missile Defense
Architecture, of which $120,000,000 shall be for co-production activities of Arrow 3 Upper Tier missiles in the United States and
in Israel to meet Israel’s defense requirements consistent with
each nation’s laws, regulations, and procedures, of which not more
than $70,000,000 subject to previously established transfer procedures, may be obligated or expended until establishment of a U.S.Israeli co-production agreement for Arrow 3 Upper Tier; and
$67,331,000 shall be for the Arrow System Improvement Program
including development of a long range, ground and airborne, detection suite: Provided further, That the transfer authority provided
under this provision is in addition to any other transfer authority
contained in this Act.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8073. Of the amounts appropriated in this Act under
the heading ‘‘Shipbuilding and Conversion, Navy’’, $160,274,000
shall be available until September 30, 2017, to fund prior year
shipbuilding cost increases: Provided, That upon enactment of this
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131 STAT. 265
Act, the Secretary of the Navy shall transfer funds to the following
appropriations in the amounts specified: Provided further, That
the amounts transferred shall be merged with and be available
for the same purposes as the appropriations to which transferred
to:
(1) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2017: LPD–17 Amphibious Transport Dock Program $45,060,000;
(2) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2011/2017: DDG–51 Destroyer $15,959,000;
(3) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2017: Littoral Combat Ship $3,600,000;
(4) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2013/2017: Littoral Combat Ship $82,400,000;
(5) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2012/2017: Expeditionary Fast Transport $6,710,000;
and
(6) Under the heading ‘‘Shipbuilding and Conversion,
Navy’’, 2013/2017: Expeditionary Fast Transport $6,545,000.
SEC. 8074. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for intelligence activities are
deemed to be specifically authorized by the Congress for purposes
of section 504 of the National Security Act of 1947 (50 U.S.C.
3094) during fiscal year 2017 until the enactment of the Intelligence
Authorization Act for Fiscal Year 2017.
SEC. 8075. None of the funds provided in this Act shall be
available for obligation or expenditure through a reprogramming
of funds that creates or initiates a new program, project, or activity
unless such program, project, or activity must be undertaken immediately in the interest of national security and only after written
prior notification to the congressional defense committees.
SEC. 8076. The budget of the President for fiscal year 2018
submitted to the Congress pursuant to section 1105 of title 31,
United States Code, shall include separate budget justification documents for costs of United States Armed Forces’ participation in
contingency operations for the Military Personnel accounts, the
Operation and Maintenance accounts, the Procurement accounts,
and the Research, Development, Test and Evaluation accounts:
Provided, That these documents shall include a description of the
funding requested for each contingency operation, for each military
service, to include all Active and Reserve components, and for
each appropriations account: Provided further, That these documents shall include estimated costs for each element of expense
or object class, a reconciliation of increases and decreases for each
contingency operation, and programmatic data including, but not
limited to, troop strength for each Active and Reserve component,
and estimates of the major weapons systems deployed in support
of each contingency: Provided further, That these documents shall
include budget exhibits OP–5 and OP–32 (as defined in the Department of Defense Financial Management Regulation) for all contingency operations for the budget year and the two preceding fiscal
years.
SEC. 8077. None of the funds in this Act may be used for
research, development, test, evaluation, procurement or deployment
of nuclear armed interceptors of a missile defense system.
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Notification.
10 USC 221 note.
Cost estimates.
PUBL031
131 STAT. 266
Applicability.
Deadline.
Reports.
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SEC. 8078. Notwithstanding any other provision of this Act,
to reflect savings due to favorable foreign exchange rates, the total
amount appropriated in this Act is hereby reduced by $157,000,000.
SEC. 8079. None of the funds appropriated or made available
in this Act shall be used to reduce or disestablish the operation
of the 53rd Weather Reconnaissance Squadron of the Air Force
Reserve, if such action would reduce the WC–130 Weather Reconnaissance mission below the levels funded in this Act: Provided,
That the Air Force shall allow the 53rd Weather Reconnaissance
Squadron to perform other missions in support of national defense
requirements during the non-hurricane season.
SEC. 8080. None of the funds provided in this Act shall be
available for integration of foreign intelligence information unless
the information has been lawfully collected and processed during
the conduct of authorized foreign intelligence activities: Provided,
That information pertaining to United States persons shall only
be handled in accordance with protections provided in the Fourth
Amendment of the United States Constitution as implemented
through Executive Order No. 12333.
SEC. 8081. (a) None of the funds appropriated by this Act
may be used to transfer research and development, acquisition,
or other program authority relating to current tactical unmanned
aerial vehicles (TUAVs) from the Army.
(b) The Army shall retain responsibility for and operational
control of the MQ–1C Gray Eagle Unmanned Aerial Vehicle (UAV)
in order to support the Secretary of Defense in matters relating
to the employment of unmanned aerial vehicles.
SEC. 8082. Up to $10,120,000 of the funds appropriated under
the heading ‘‘Operation and Maintenance, Navy’’ may be made
available for the Asia Pacific Regional Initiative Program for the
purpose of enabling the Pacific Command to execute Theater Security Cooperation activities such as humanitarian assistance, and
payment of incremental and personnel costs of training and exercising with foreign security forces: Provided, That funds made available for this purpose may be used, notwithstanding any other
funding authorities for humanitarian assistance, security assistance
or combined exercise expenses: Provided further, That funds may
not be obligated to provide assistance to any foreign country that
is otherwise prohibited from receiving such type of assistance under
any other provision of law.
SEC. 8083. None of the funds appropriated by this Act for
programs of the Office of the Director of National Intelligence
shall remain available for obligation beyond the current fiscal year,
except for funds appropriated for research and technology, which
shall remain available until September 30, 2018.
SEC. 8084. For purposes of section 1553(b) of title 31, United
States Code, any subdivision of appropriations made in this Act
under the heading ‘‘Shipbuilding and Conversion, Navy’’ shall be
considered to be for the same purpose as any subdivision under
the heading ‘‘Shipbuilding and Conversion, Navy’’ appropriations
in any prior fiscal year, and the 1 percent limitation shall apply
to the total amount of the appropriation.
SEC. 8085. (a) Not later than 60 days after the date of enactment of this Act, the Director of National Intelligence shall submit
a report to the congressional intelligence committees to establish
the baseline for application of reprogramming and transfer authorities for fiscal year 2017: Provided, That the report shall include—
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131 STAT. 267
(1) a table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if appropriate, and the fiscal year enacted level;
(2) a delineation in the table for each appropriation by
Expenditure Center and project; and
(3) an identification of items of special congressional
interest.
(b) None of the funds provided for the National Intelligence
Program in this Act shall be available for reprogramming or transfer
until the report identified in subsection (a) is submitted to the
congressional intelligence committees, unless the Director of
National Intelligence certifies in writing to the congressional intelligence committees that such reprogramming or transfer is necessary as an emergency requirement.
SEC. 8086. None of the funds made available by this Act may
be used to eliminate, restructure, or realign Army Contracting
Command—New Jersey or make disproportionate personnel reductions at any Army Contracting Command—New Jersey sites without
30-day prior notification to the congressional defense committees.
Certification.
New Jersey.
Time period.
Notification.
(RESCISSION)
SEC. 8087. Of the unobligated balances available to the Department of Defense, the following funds are permanently rescinded
from the following accounts and programs in the specified amounts
to reflect excess cash balances in Department of Defense Acquisition
Workforce Development Fund: Provided, That no amounts may
be rescinded from amounts that were designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism or
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985, as amended:
From ‘‘Department of Defense Acquisition Workforce
Development Fund, Defense’’, $531,000,000.
SEC. 8088. None of the funds made available by this Act for
excess defense articles, assistance under section 1206 of the
National Defense Authorization Act for Fiscal Year 2006 (Public
Law 109–163; 119 Stat. 3456), or peacekeeping operations for the
countries designated annually to be in violation of the standards
of the Child Soldiers Prevention Act of 2008 (Public Law 110–
457; 22 U.S.C. 2370c–1) may be used to support any military
training or operation that includes child soldiers, as defined by
the Child Soldiers Prevention Act of 2008, unless such assistance
is otherwise permitted under section 404 of the Child Soldiers
Prevention Act of 2008.
SEC. 8089. Of the amounts appropriated for ‘‘Operation and
Maintenance, Defense-Wide’’, $67,500,000, to remain available until
expended, shall be available, notwithstanding any other provision
of law, to the Secretary of Defense acting through the Office of
Economic Adjustment of the Department of Defense to make grants,
conclude cooperative agreements, and supplement other Federal
funds to address the need for assistance to support critical existing
and enduring military installations and missions on Guam, as well
as any potential Department of Defense growth, for purposes of
addressing the need for civilian water and wastewater improvements.
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Grants.
Contracts.
Guam.
PUBL031
131 STAT. 268
Notification.
Time period.
50 USC 3103
note.
PUBLIC LAW 115–31—MAY 5, 2017
SEC. 8090. (a) None of the funds provided for the National
Intelligence Program in this or any prior appropriations Act shall
be available for obligation or expenditure through a reprogramming
or transfer of funds in accordance with section 102A(d) of the
National Security Act of 1947 (50 U.S.C. 3024(d)) that—
(1) creates a new start effort;
(2) terminates a program with appropriated funding of
$10,000,000 or more;
(3) transfers funding into or out of the National Intelligence
Program; or
(4) transfers funding between appropriations, unless the
congressional intelligence committees are notified 30 days in
advance of such reprogramming of funds; this notification
period may be reduced for urgent national security requirements.
(b) None of the funds provided for the National Intelligence
Program in this or any prior appropriations Act shall be available
for obligation or expenditure through a reprogramming or transfer
of funds in accordance with section 102A(d) of the National Security
Act of 1947 (50 U.S.C. 3024(d)) that results in a cumulative increase
or decrease of the levels specified in the classified annex accompanying the Act unless the congressional intelligence committees
are notified 30 days in advance of such reprogramming of funds;
this notification period may be reduced for urgent national security
requirements.
SEC. 8091. The Director of National Intelligence shall submit
to Congress each year, at or about the time that the President’s
budget is submitted to Congress that year under section 1105(a)
of title 31, United States Code, a future-years intelligence program
(including associated annexes) reflecting the estimated expenditures
and proposed appropriations included in that budget. Any such
future-years intelligence program shall cover the fiscal year with
respect to which the budget is submitted and at least the four
succeeding fiscal years.
SEC. 8092. For the purposes of this Act, the term ‘‘congressional
intelligence committees’’ means the Permanent Select Committee
on Intelligence of the House of Representatives, the Select Committee on Intelligence of the Senate, the Subcommittee on Defense
of the Committee on Appropriations of the House of Representatives,
and the Subcommittee on Defense of the Committee on Appropriations of the Senate.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8093. During the current fiscal year, not to exceed
$11,000,000 from each of the appropriations made in title II of
this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation and
Maintenance, Navy’’, and ‘‘Operation and Maintenance, Air Force’’
may be transferred by the military department concerned to its
central fund established for Fisher Houses and Suites pursuant
to section 2493(d) of title 10, United States Code.
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131 STAT. 269
(INCLUDING TRANSFER OF FUNDS)
SEC. 8094. Funds appropriated by this Act for operation and
maintenance may be available for the purpose of making remittances and transfer to the Defense Acquisition Workforce Development Fund in accordance with section 1705 of title 10, United
States Code.
SEC. 8095. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
Web site of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
SEC. 8096. (a) None of the funds appropriated or otherwise
made available by this Act may be expended for any Federal contract for an amount in excess of $1,000,000, unless the contractor
agrees not to—
(1) enter into any agreement with any of its employees
or independent contractors that requires, as a condition of
employment, that the employee or independent contractor agree
to resolve through arbitration any claim under title VII of
the Civil Rights Act of 1964 or any tort related to or arising
out of sexual assault or harassment, including assault and
battery, intentional infliction of emotional distress, false imprisonment, or negligent hiring, supervision, or retention; or
(2) take any action to enforce any provision of an existing
agreement with an employee or independent contractor that
mandates that the employee or independent contractor resolve
through arbitration any claim under title VII of the Civil Rights
Act of 1964 or any tort related to or arising out of sexual
assault or harassment, including assault and battery, intentional infliction of emotional distress, false imprisonment, or
negligent hiring, supervision, or retention.
(b) None of the funds appropriated or otherwise made available
by this Act may be expended for any Federal contract unless the
contractor certifies that it requires each covered subcontractor to
agree not to enter into, and not to take any action to enforce
any provision of, any agreement as described in paragraphs (1)
and (2) of subsection (a), with respect to any employee or independent contractor performing work related to such subcontract.
For purposes of this subsection, a ‘‘covered subcontractor’’ is an
entity that has a subcontract in excess of $1,000,000 on a contract
subject to subsection (a).
(c) The prohibitions in this section do not apply with respect
to a contractor’s or subcontractor’s agreements with employees or
independent contractors that may not be enforced in a court of
the United States.
(d) The Secretary of Defense may waive the application of
subsection (a) or (b) to a particular contractor or subcontractor
for the purposes of a particular contract or subcontract if the
Secretary or the Deputy Secretary personally determines that the
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Web posting.
Reports.
Determination.
Time period.
Contracts.
Certification.
Definition.
Waiver authority.
Determination.
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PUBLIC LAW 115–31—MAY 5, 2017
waiver is necessary to avoid harm to national security interests
of the United States, and that the term of the contract or subcontract is not longer than necessary to avoid such harm. The
determination shall set forth with specificity the grounds for the
waiver and for the contract or subcontract term selected, and shall
state any alternatives considered in lieu of a waiver and the reasons
each such alternative would not avoid harm to national security
interests of the United States. The Secretary of Defense shall
transmit to Congress, and simultaneously make public, any determination under this subsection not less than 15 business days
before the contract or subcontract addressed in the determination
may be awarded.
Public
information.
Deadline.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8097. From within the funds appropriated for operation
and maintenance for the Defense Health Program in this Act,
up to $122,375,000, shall be available for transfer to the Joint
Department of Defense-Department of Veterans Affairs Medical
Facility Demonstration Fund in accordance with the provisions
of section 1704 of the National Defense Authorization Act for Fiscal
Year 2010, Public Law 111–84: Provided, That for purposes of
section 1704(b), the facility operations funded are operations of
the integrated Captain James A. Lovell Federal Health Care Center,
consisting of the North Chicago Veterans Affairs Medical Center,
the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility as described by
section 706 of Public Law 110–417: Provided further, That additional funds may be transferred from funds appropriated for operation and maintenance for the Defense Health Program to the
Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund upon written notification by the
Secretary of Defense to the Committees on Appropriations of the
House of Representatives and the Senate.
SEC. 8098. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Defense
or a component thereof in contravention of the provisions of section
130h of title 10, United States Code.
SEC. 8099. Appropriations available to the Department of
Defense may be used for the purchase of heavy and light armored
vehicles for the physical security of personnel or for force protection
purposes up to a limit of $450,000 per vehicle, notwithstanding
price or other limitations applicable to the purchase of passenger
carrying vehicles.
Notification.
(INCLUDING TRANSFER OF FUNDS)
Determination.
Deadline.
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SEC. 8100. Upon a determination by the Director of National
Intelligence that such action is necessary and in the national
interest, the Director may, with the approval of the Office of
Management and Budget, transfer not to exceed $1,500,000,000
of the funds made available in this Act for the National Intelligence
Program: Provided, That such authority to transfer may not be
used unless for higher priority items, based on unforeseen intelligence requirements, than those for which originally appropriated
and in no case where the item for which funds are requested
has been denied by the Congress: Provided further, That a request
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for multiple reprogrammings of funds using authority provided
in this section shall be made prior to June 30, 2017.
SEC. 8101. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at United
States Naval Station, Guanta´namo Bay, Cuba, by the Department of Defense.
SEC. 8102. (a) None of the funds appropriated or otherwise
made available in this or any other Act may be used to construct,
acquire, or modify any facility in the United States, its territories,
or possessions to house any individual described in subsection (c)
for the purposes of detention or imprisonment in the custody or
under the effective control of the Department of Defense.
(b) The prohibition in subsection (a) shall not apply to any
modification of facilities at United States Naval Station,
Guanta´namo Bay, Cuba.
(c) An individual described in this subsection is any individual
who, as of June 24, 2009, is located at United States Naval Station,
Guanta´namo Bay, Cuba, and who—
(1) is not a citizen of the United States or a member
of the Armed Forces of the United States; and
(2) is—
(A) in the custody or under the effective control of
the Department of Defense; or
(B) otherwise under detention at United States Naval
Station, Guanta´namo Bay, Cuba.
SEC. 8103. None of the funds appropriated or otherwise made
available in this Act may be used to transfer any individual detained
at United States Naval Station Guantanamo Bay, Cuba, to the
custody or control of the individual’s country of origin, any other
foreign country, or any other foreign entity except in accordance
with section 1034 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114–92) and section 1034 of the
National Defense Authorization Act for Fiscal Year 2017 (Public
Law 114–328).
SEC. 8104. None of the funds made available by this Act may
be used in contravention of the War Powers Resolution (50 U.S.C.
1541 et seq.).
SEC. 8105. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be used by the
Secretary of Defense, or any other official or officer of the Department of Defense, to enter into a contract, memorandum of understanding, or cooperative agreement with, or make a grant to, or
provide a loan or loan guarantee to Rosoboronexport or any subsidiary of Rosoboronexport.
(b) The Secretary of Defense may waive the limitation in subsection (a) if the Secretary, in consultation with the Secretary
of State and the Director of National Intelligence, determines that
it is in the vital national security interest of the United States
to do so, and certifies in writing to the congressional defense
committees that, to the best of the Secretary’s knowledge:
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10 USC 2731
note.
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PUBLIC LAW 115–31—MAY 5, 2017
(1) Rosoboronexport has ceased the transfer of lethal military equipment to, and the maintenance of existing lethal military equipment for, the Government of the Syrian Arab
Republic;
(2) The armed forces of the Russian Federation have withdrawn from Crimea, other than armed forces present on military bases subject to agreements in force between the Government of the Russian Federation and the Government of
Ukraine; and
(3) Agents of the Russian Federation have ceased taking
active measures to destabilize the control of the Government
of Ukraine over eastern Ukraine.
(c) The Inspector General of the Department of Defense shall
conduct a review of any action involving Rosoboronexport with
respect to a waiver issued by the Secretary of Defense pursuant
to subsection (b), and not later than 90 days after the date on
which such a waiver is issued by the Secretary of Defense, the
Inspector General shall submit to the congressional defense committees a report containing the results of the review conducted with
respect to such waiver.
SEC. 8106. None of the funds made available in this Act may
be used for the purchase or manufacture of a flag of the United
States unless such flags are treated as covered items under section
2533a(b) of title 10, United States Code.
SEC. 8107. (a) Of the funds appropriated in this Act for the
Department of Defense, amounts may be made available, under
such regulations as the Secretary of Defense may prescribe, to
local military commanders appointed by the Secretary, or by an
officer or employee designated by the Secretary, to provide at their
discretion ex gratia payments in amounts consistent with subsection
(d) of this section for damage, personal injury, or death that is
incident to combat operations of the Armed Forces in a foreign
country.
(b) An ex gratia payment under this section may be provided
only if—
(1) the prospective foreign civilian recipient is determined
by the local military commander to be friendly to the United
States;
(2) a claim for damages would not be compensable under
chapter 163 of title 10, United States Code (commonly known
as the ‘‘Foreign Claims Act’’); and
(3) the property damage, personal injury, or death was
not caused by action by an enemy.
(c) NATURE OF PAYMENTS.—Any payments provided under a
program under subsection (a) shall not be considered an admission
or acknowledgement of any legal obligation to compensate for any
damage, personal injury, or death.
(d) AMOUNT OF PAYMENTS.—If the Secretary of Defense determines a program under subsection (a) to be appropriate in a particular setting, the amounts of payments, if any, to be provided
to civilians determined to have suffered harm incident to combat
operations of the Armed Forces under the program should be determined pursuant to regulations prescribed by the Secretary and
based on an assessment, which should include such factors as
cultural appropriateness and prevailing economic conditions.
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(e) LEGAL ADVICE.—Local military commanders shall receive
legal advice before making ex gratia payments under this subsection. The legal advisor, under regulations of the Department
of Defense, shall advise on whether an ex gratia payment is proper
under this section and applicable Department of Defense regulations.
(f) WRITTEN RECORD.—A written record of any ex gratia payment offered or denied shall be kept by the local commander and
on a timely basis submitted to the appropriate office in the Department of Defense as determined by the Secretary of Defense.
(g) REPORT.—The Secretary of Defense shall report to the
congressional defense committees on an annual basis the efficacy
of the ex gratia payment program including the number of types
of cases considered, amounts offered, the response from ex gratia
payment recipients, and any recommended modifications to the
program.
SEC. 8108. None of the funds available in this Act to the
Department of Defense, other than appropriations made for necessary or routine refurbishments, upgrades or maintenance activities, shall be used to reduce or to prepare to reduce the number
of deployed and non-deployed strategic delivery vehicles and
launchers below the levels set forth in the report submitted to
Congress in accordance with section 1042 of the National Defense
Authorization Act for Fiscal Year 2012.
SEC. 8109. The Secretary of Defense shall post grant awards
on a public Web site in a searchable format.
SEC. 8110. None of the funds made available by this Act may
be used to fund the performance of a flight demonstration team
at a location outside of the United States: Provided, That this
prohibition applies only if a performance of a flight demonstration
team at a location within the United States was canceled during
the current fiscal year due to insufficient funding.
SEC. 8111. None of the funds made available by this Act may
be used by the National Security Agency to—
(1) conduct an acquisition pursuant to section 702 of the
Foreign Intelligence Surveillance Act of 1978 for the purpose
of targeting a United States person; or
(2) acquire, monitor, or store the contents (as such term
is defined in section 2510(8) of title 18, United States Code)
of any electronic communication of a United States person
from a provider of electronic communication services to the
public pursuant to section 501 of the Foreign Intelligence
Surveillance Act of 1978.
SEC. 8112. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 8113. None of the funds made available in this or any
other Act may be used to pay the salary of any officer or employee
of any agency funded by this Act who approves or implements
the transfer of administrative responsibilities or budgetary
resources of any program, project, or activity financed by this Act
to the jurisdiction of another Federal agency not financed by this
Act without the express authorization of Congress: Provided, That
this limitation shall not apply to transfers of funds expressly provided for in Defense Appropriations Acts, or provisions of Acts
providing supplemental appropriations for the Department of
Defense.
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Iraq.
VerDate Sep 11 2014
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PUBLIC LAW 115–31—MAY 5, 2017
SEC. 8114. None of the funds made available in this Act may
be obligated for activities authorized under section 1208 of the
Ronald W. Reagan National Defense Authorization Act for Fiscal
Year 2005 (Public Law 112–81; 125 Stat. 1621) to initiate support
for, or expand support to, foreign forces, irregular forces, groups,
or individuals unless the congressional defense committees are notified in accordance with the direction contained in the classified
annex accompanying this Act, not less than 15 days before initiating
such support: Provided, That none of the funds made available
in this Act may be used under section 1208 for any activity that
is not in support of an ongoing military operation being conducted
by United States Special Operations Forces to combat terrorism:
Provided further, That the Secretary of Defense may waive the
prohibitions in this section if the Secretary determines that such
waiver is required by extraordinary circumstances and, by not
later than 72 hours after making such waiver, notifies the congressional defense committees of such waiver.
SEC. 8115. None of the funds made available by this Act may
be used with respect to Iraq in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed forces into hostilities in Iraq, into situations
in Iraq where imminent involvement in hostilities is clearly
indicated by the circumstances, or into Iraqi territory, airspace,
or waters while equipped for combat, in contravention of the
congressional consultation and reporting requirements of sections
3 and 4 of such Resolution (50 U.S.C. 1542 and 1543).
SEC. 8116. None of the funds made available by this Act may
be used to divest, retire, transfer, or place in storage or on backup
aircraft inventory status, or prepare to divest, retire, transfer, or
place in storage or on backup aircraft inventory status, any A–
10 aircraft, or to disestablish any units of the active or reserve
component associated with such aircraft.
SEC. 8117. None of the funds provided in this Act for the
T–AO(X) program shall be used to award a new contract that
provides for the acquisition of the following components unless
those components are manufactured in the United States: Auxiliary
equipment (including pumps) for shipboard services; propulsion
equipment (including engines, reduction gears, and propellers); shipboard cranes; and spreaders for shipboard cranes.
SEC. 8118. The amount appropriated in title II of this Act
for ‘‘Operation and Maintenance, Army’’ is hereby reduced by
$336,000,000 to reflect excess cash balances in Department of
Defense Working Capital Funds.
SEC. 8119. Notwithstanding any other provision of this Act,
to reflect savings due to lower than anticipated fuel costs, the
total amount appropriated in title II of this Act is hereby reduced
by $1,155,000,000.
SEC. 8120. None of the funds made available by this Act may
be used to divest or retire, or to prepare to divest or retire, KC–
10 aircraft.
SEC. 8121. None of the funds made available by this Act may
be used to divest, retire, transfer, or place in storage or on backup
aircraft inventory status, or prepare to divest, retire, transfer, or
place in storage or on backup aircraft inventory status, any EC–
130H aircraft.
SEC. 8122. None of the funds made available by this Act may
be used for Government Travel Charge Card expenses by military
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or civilian personnel of the Department of Defense for gaming,
or for entertainment that includes topless or nude entertainers
or participants, as prohibited by Department of Defense FMR,
Volume 9, Chapter 3 and Department of Defense Instruction
1015.10 (enclosure 3, 14a and 14b).
SEC. 8123. None of the funds made available by this Act may
be used to propose, plan for, or execute a new or additional Base
Realignment and Closure (BRAC) round.
SEC. 8124. Of the amounts appropriated in this Act for ‘‘Operation and Maintenance, Navy’’, $274,524,000, to remain available
until expended, may be used for any purposes related to the
National Defense Reserve Fleet established under section 11 of
the Merchant Ship Sales Act of 1946 (50 U.S.C. 4405): Provided,
That such amounts are available for reimbursements to the Ready
Reserve Force, Maritime Administration account of the United
States Department of Transportation for programs, projects, activities, and expenses related to the National Defense Reserve Fleet.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8125. Of the amounts appropriated in this Act, the Secretary of Defense may use up to $20,000,000 under the heading
‘‘Operation and Maintenance, Defense-Wide’’, and up to $75,000,000
under the heading ‘‘Research, Development, Test and Evaluation,
Defense-Wide’’ to develop, replace, and sustain Federal Government
security and suitability background investigation information technology systems of the Office of Personnel Management or other
Federal agency responsible for conducting such investigations: Provided, That the Secretary may reprogram or transfer additional
amounts into these headings or into ‘‘Procurement, Defense-Wide’’
using established reprogramming procedures applicable to congressional special interest items: Provided further, That such funds
shall supplement, not supplant any other amounts made available
to other Federal agencies for such purposes.
SEC. 8126. None of the funds made available by this Act for
the Joint Surveillance Target Attack Radar System recapitalization
program may be obligated or expended for pre-milestone B activities
after March 31, 2018.
SEC. 8127. None of the funds made available by this Act may
be used to carry out the closure or realignment of the United
States Naval Station, Guantanamo Bay, Cuba.
(INCLUDING TRANSFER OF FUNDS)
SEC. 8128. Additional readiness funds made available in title
II of this Act for ‘‘Operation and Maintenance, Army’’, ‘‘Operation
and Maintenance, Navy’’, ‘‘Operation and Maintenance, Marine
Corps’’, and ‘‘Operation and Maintenance, Air Force’’ may be transferred to and merged with any appropriation of the Department
of Defense for activities related to the Zika virus in order to provide
health support for the full range of military operations and sustain
the health of the members of the Armed Forces, civilian employees
of the Department of Defense, and their families, to include:
research and development, disease surveillance, vaccine development, rapid detection, vector controls and surveillance, training,
and outbreak response: Provided, That the authority provided in
this section is subject to the same terms and conditions as the
authority provided in section 8005 of this Act.
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PUBLIC LAW 115–31—MAY 5, 2017
SEC. 8129. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities, or for any activity necessary for the
national defense, including intelligence activities.
(RESCISSION)
Records.
Reports.
Deadline.
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SEC. 8130. (a) The Ship Modernization, Operations and
Sustainment Fund established by section 8103 of the Department
of Defense Appropriations Act, 2013 (division C of Public Law
113–6; 127 Stat. 321) is hereby terminated, effective as of the
date of the enactment of this Act.
(b) Any unobligated balances in the Ship Modernization, Operations and Sustainment Fund as of the date of the enactment
of this Act are hereby rescinded.
SEC. 8131. None of the funds made available by this Act may
be used to provide arms, training, or other assistance to the Azov
Battalion.
SEC. 8132. Notwithstanding any other provision of law, any
transfer of funds appropriated or otherwise made available by this
Act to the Global Engagement Center pursuant to section 1287
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328) shall be made in accordance with section
8005 or 9002 of this Act, as applicable.
SEC. 8133. No amounts credited or otherwise made available
in this or any other Act to the Department of Defense Acquisition
Workforce Development Fund may be transferred to:
(1) the Rapid Prototyping Fund established under section
804(d) of the National Defense Authorization Act for Fiscal
Year 2016 (10 U.S.C. 2302 note); or
(2) credited to a military-department specific fund established under section 804(d)(2) of the National Defense
Authorization Act for Fiscal Year 2016 (as amended by section
897 of the National Defense Authorization Act for Fiscal Year
2017).
SEC. 8134. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a
provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General’s right of access. A
department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and
other materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure relevant
to the information provided by the establishment over which that
Inspector General has responsibilities under the Inspector General
Act of 1978. Each Inspector General covered by this section shall
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report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
TITLE IX
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON
TERRORISM
MILITARY PERSONNEL
MILITARY PERSONNEL, ARMY
For an additional amount for ‘‘Military Personnel, Army’’,
$1,948,648,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
MILITARY PERSONNEL, NAVY
For an additional amount for ‘‘Military Personnel,
$327,427,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.
Navy’’,
by the
on TerBudget
MILITARY PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Military Personnel, Marine
Corps’’, $179,733,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$705,706,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, ARMY
For an additional amount for ‘‘Reserve Personnel,
$42,506,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.
Army’’,
by the
on TerBudget
RESERVE PERSONNEL, NAVY
For an additional amount for ‘‘Reserve Personnel,
$11,929,000: Provided, That such amount is designated
Congress for Overseas Contingency Operations/Global War
rorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
and Emergency Deficit Control Act of 1985.
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by the
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PUBLIC LAW 115–31—MAY 5, 2017
RESERVE PERSONNEL, MARINE CORPS
For an additional amount for ‘‘Reserve Personnel, Marine
Corps’’, $3,764,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESERVE PERSONNEL, AIR FORCE
For an additional amount for ‘‘Reserve Personnel, Air Force’’,
$20,535,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
NATIONAL GUARD PERSONNEL, ARMY
For an additional amount for ‘‘National Guard Personnel,
Army’’, $196,472,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
NATIONAL GUARD PERSONNEL, AIR FORCE
For an additional amount for ‘‘National Guard Personnel, Air
Force’’, $5,288,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
OPERATION
AND
MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $15,693,068,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $7,887,349,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $1,607,259,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
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OPERATION
AND
131 STAT. 279
MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $10,556,598,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $6,476,649,000: Provided, That of the funds provided
under this heading, not to exceed $920,000,000, to remain available
until September 30, 2018, shall be for payments to reimburse key
cooperating nations for logistical, military, and other support,
including access, provided to United States military and stability
operations in Afghanistan and to counter the Islamic State of Iraq
and the Levant: Provided further, That such reimbursement payments may be made in such amounts as the Secretary of Defense,
with the concurrence of the Secretary of State, and in consultation
with the Director of the Office of Management and Budget, may
determine, based on documentation determined by the Secretary
of Defense to adequately account for the support provided, and
such determination is final and conclusive upon the accounting
officers of the United States, and 15 days following notification
to the appropriate congressional committees: Provided further, That
these funds may be used for the purpose of providing specialized
training and procuring supplies and specialized equipment and
providing such supplies and loaning such equipment on a nonreimbursable basis to coalition forces supporting United States military and stability operations in Afghanistan and to counter the
Islamic State of Iraq and the Levant, and 15 days following notification to the appropriate congressional committees: Provided further,
That these funds may be used to support the Government of Jordan,
in such amounts as the Secretary of Defense may determine, to
enhance the ability of the armed forces of Jordan to increase or
sustain security along its borders, upon 15 days prior written
notification to the congressional defense committees outlining the
amounts intended to be provided and the nature of the expenses
incurred: Provided further, That of the funds provided under this
heading, not to exceed $750,000,000, to remain available until September 30, 2018, shall be available to provide support and assistance to foreign security forces or other groups or individuals to
conduct, support or facilitate counterterrorism, crisis response, or
other Department of Defense security cooperation programs: Provided further, That of the funds provided under this heading, up
to $30,000,000 shall be for Operation Observant Compass: Provided
further, That the Secretary of Defense shall provide quarterly
reports to the congressional defense committees on the use of funds
provided in this paragraph: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
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Reimbursement.
Consultation.
Determination.
Time period.
Notification.
Time period.
Notification.
Jordan.
Time period.
Notification.
Deadlines.
Reports.
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PUBLIC LAW 115–31—MAY 5, 2017
OPERATION
AND
MAINTENANCE, ARMY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Army Reserve’’, $38,679,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $26,265,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, MARINE CORPS RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps Reserve’’, $3,304,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $57,586,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $127,035,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $20,000,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
AFGHANISTAN SECURITY FORCES FUND
For the ‘‘Afghanistan Security Forces Fund’’, $4,262,715,000,
to remain available until September 30, 2018: Provided, That such
funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing
the Commander, Combined Security Transition Command—
Afghanistan, or the Secretary’s designee, to provide assistance,
with the concurrence of the Secretary of State, to the security
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131 STAT. 281
forces of Afghanistan, including the provision of equipment, supplies, services, training, facility and infrastructure repair, renovation, construction, and funding: Provided further, That the Secretary
of Defense may obligate and expend funds made available to the
Department of Defense in this title for additional costs associated
with existing projects previously funded with amounts provided
under the heading ‘‘Afghanistan Infrastructure Fund’’ in prior Acts:
Provided further, That such costs shall be limited to contract
changes resulting from inflation, market fluctuation, rate adjustments, and other necessary contract actions to complete existing
projects, and associated supervision and administration costs and
costs for design during construction: Provided further, That the
Secretary may not use more than $50,000,000 under the authority
provided in this section: Provided further, That the Secretary shall
notify in advance such contract changes and adjustments in annual
reports to the congressional defense committees: Provided further,
That the authority to provide assistance under this heading is
in addition to any other authority to provide assistance to foreign
nations: Provided further, That contributions of funds for the purposes provided herein from any person, foreign government, or
international organization may be credited to this Fund, to remain
available until expended, and used for such purposes: Provided
further, That the Secretary of Defense shall notify the congressional
defense committees in writing upon the receipt and upon the obligation of any contribution, delineating the sources and amounts of
the funds received and the specific use of such contributions: Provided further, That the Secretary of Defense shall, not fewer than
15 days prior to obligating from this appropriation account, notify
the congressional defense committees in writing of the details of
any such obligation: Provided further, That the Secretary of Defense
shall notify the congressional defense committees of any proposed
new projects or transfer of funds between budget sub-activity groups
in excess of $20,000,000: Provided further, That the United States
may accept equipment procured using funds provided under this
heading in this or prior Acts that was transferred to the security
forces of Afghanistan and returned by such forces to the United
States: Provided further, That equipment procured using funds
provided under this heading in this or prior Acts, and not yet
transferred to the security forces of Afghanistan or transferred
to the security forces of Afghanistan and returned by such forces
to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That of the funds provided under
this heading, not less than $10,000,000 shall be for recruitment
and retention of women in the Afghanistan National Security
Forces, and the recruitment and training of female security personnel: Provided further, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
COUNTER-ISIL TRAIN
AND
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Contracts.
Deadline.
Reports.
Notification.
Deadline.
Notification.
Notification.
Notification.
EQUIP FUND
For the ‘‘Counter-Islamic State of Iraq and the Levant Train
and Equip Fund’’, $980,000,000, to remain available until September 30, 2018: Provided, That such funds shall be available
to the Secretary of Defense in coordination with the Secretary
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Coordination.
Notification.
Deadline.
Notification.
Waiver authority.
Determination.
Notice.
Notification.
Notification.
Determination.
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PUBLIC LAW 115–31—MAY 5, 2017
of State, to provide assistance, including training; equipment; logistics support, supplies, and services; stipends; infrastructure repair
and renovation; and sustainment, to foreign security forces, irregular forces, groups, or individuals participating, or preparing to
participate in activities to counter the Islamic State of Iraq and
the Levant, and their affiliated or associated groups: Provided further, That these funds may be used, in such amounts as the Secretary of Defense may determine, to enhance the border security
of nations adjacent to conflict areas, including Jordan and Lebanon,
resulting from actions of the Islamic State of Iraq and the Levant:
Provided further, That amounts made available under this heading
shall be available to provide assistance only for activities in a
country designated by the Secretary of Defense, in coordination
with the Secretary of State, as having a security mission to counter
the Islamic State of Iraq and the Levant, and following written
notification to the congressional defense committees of such designation: Provided further, That the Secretary of Defense shall ensure
that prior to providing assistance to elements of any forces or
individuals, such elements or individuals are appropriately vetted,
including at a minimum, assessing such elements for associations
with terrorist groups or groups associated with the Government
of Iran; and receiving commitments from such elements to promote
respect for human rights and the rule of law: Provided further,
That the Secretary of Defense shall, not fewer than 15 days prior
to obligating from this appropriation account, notify the congressional defense committees in writing of the details of any such
obligation: Provided further, That the Secretary of Defense may
accept and retain contributions, including assistance in-kind, from
foreign governments, including the Government of Iraq and other
entities, to carry out assistance authorized under this heading:
Provided further, That contributions of funds for the purposes provided herein from any foreign government or other entity may
be credited to this Fund, to remain available until expended, and
used for such purposes: Provided further, That the Secretary of
Defense may waive a provision of law relating to the acquisition
of items and support services or sections 40 and 40A of the Arms
Export Control Act (22 U.S.C. 2780 and 2785) if the Secretary
determines that such provision of law would prohibit, restrict, delay
or otherwise limit the provision of such assistance and a notice
of and justification for such waiver is submitted to the congressional
defense committees, the Committees on Appropriations and Foreign
Relations of the Senate and the Committees on Appropriations
and Foreign Affairs of the House of Representatives: Provided further, That the United States may accept equipment procured using
funds provided under this heading, or under the heading, ‘‘Iraq
Train and Equip Fund’’ in prior Acts, that was transferred to
security forces, irregular forces, or groups participating, or preparing to participate in activities to counter the Islamic State
of Iraq and the Levant and returned by such forces or groups
to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That equipment procured using funds
provided under this heading, or under the heading, ‘‘Iraq Train
and Equip Fund’’ in prior Acts, and not yet transferred to security
forces, irregular forces, or groups participating, or preparing to
participate in activities to counter the Islamic State of Iraq and
the Levant may be treated as stocks of the Department of Defense
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131 STAT. 283
when determined by the Secretary to no longer be required for
transfer to such forces or groups and upon written notification
to the congressional defense committees: Provided further, That
the Secretary of Defense shall provide quarterly reports to the
congressional defense committees on the use of funds provided
under this heading, including, but not limited to, the number of
individuals trained, the nature and scope of support and
sustainment provided to each group or individual, the area of operations for each group, and the contributions of other countries,
groups, or individuals: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
Deadlines.
Reports.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$313,171,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$405,317,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
OF
WEAPONS
AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $395,944,000, to remain available
until September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
OF
AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $290,670,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$1,343,010,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
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PUBLIC LAW 115–31—MAY 5, 2017
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$367,930,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$8,600,000, to remain available until September 30, 2019: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
OF
AMMUNITION, NAVY
AND
MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $65,380,000, to remain available until
September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$99,786,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$118,939,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$927,249,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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131 STAT. 285
MISSILE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Missile Procurement, Air Force’’,
$235,095,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
OF
AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $273,345,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$3,529,456,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$244,184,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
NATIONAL GUARD
AND
RESERVE EQUIPMENT ACCOUNT
For procurement of rotary-wing aircraft; combat, tactical and
support vehicles; other weapons; and other procurement items for
the reserve components of the Armed Forces, $750,000,000, to
remain available for obligation until September 30, 2019: Provided,
That the Chiefs of National Guard and Reserve components shall,
not later than 30 days after enactment of this Act, individually
submit to the congressional defense committees the modernization
priority assessment for their respective National Guard or Reserve
component: Provided further, That none of the funds made available
by this paragraph may be used to procure manned fixed wing
aircraft, or procure or modify missiles, munitions, or ammunition:
Provided further, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
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Assessment.
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PUBLIC LAW 115–31—MAY 5, 2017
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $100,522,000, to remain available until
September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $78,323,000, to remain available until September 30, 2018: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $67,905,000, to remain available until
September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $159,919,000, to remain available
until September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$140,633,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
DEFENSE HEALTH PROGRAM
For an additional amount for ‘‘Defense Health Program’’,
$331,764,000, which shall be for operation and maintenance: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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PUBLIC LAW 115–31—MAY 5, 2017
DRUG INTERDICTION
AND
131 STAT. 287
COUNTER-DRUG ACTIVITIES, DEFENSE
For an additional amount for ‘‘Drug Interdiction and CounterDrug Activities, Defense’’, $215,333,000: Provided, That such
amount is designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
JOINT IMPROVISED-THREAT DEFEAT FUND
(INCLUDING TRANSFER OF FUNDS)
For the ‘‘Joint Improvised-Threat Defeat Fund’’, $339,472,000,
to remain available until September 30, 2019: Provided, That such
funds shall be available to the Secretary of Defense, notwithstanding any other provision of law, for the purpose of allowing
the Director of the Joint Improvised-Threat Defeat Organization
to investigate, develop and provide equipment, supplies, services,
training, facilities, personnel and funds to assist United States
forces in the defeat of improvised explosive devices: Provided further, That the Secretary of Defense may transfer funds provided
herein to appropriations for military personnel; operation and
maintenance; procurement; research, development, test and evaluation; and defense working capital funds to accomplish the purpose
provided herein: Provided further, That this transfer authority is
in addition to any other transfer authority available to the Department of Defense: Provided further, That the Secretary of Defense
shall, not fewer than 5 days prior to making transfers from this
appropriation, notify the congressional defense committees in
writing of the details of any such transfer: Provided further, That
such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
OFFICE
OF THE INSPECTOR
Deadline.
Notification.
GENERAL
For an additional amount for the ‘‘Office of the Inspector General’’, $22,062,000: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
SEC. 9001. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts appropriated
or otherwise made available for the Department of Defense for
fiscal year 2017.
(INCLUDING TRANSFER OF FUNDS)
SEC. 9002. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer up to $2,500,000,000 between the appropriations or funds
made available to the Department of Defense in this title: Provided,
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131 STAT. 288
Deadline.
Time period.
Reports.
Deadline.
Time periods.
Data.
Afghanistan.
Deadline.
Notification.
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PUBLIC LAW 115–31—MAY 5, 2017
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as the
authority provided in section 8005 of this Act.
SEC. 9003. Supervision and administration costs and costs for
design during construction associated with a construction project
funded with appropriations available for operation and maintenance
or the ‘‘Afghanistan Security Forces Fund’’ provided in this Act
and executed in direct support of overseas contingency operations
in Afghanistan, may be obligated at the time a construction contract
is awarded: Provided, That, for the purpose of this section, supervision and administration costs and costs for design during construction include all in-house Government costs.
SEC. 9004. From funds made available in this title, the Secretary of Defense may purchase for use by military and civilian
employees of the Department of Defense in the United States Central Command area of responsibility: (1) passenger motor vehicles
up to a limit of $75,000 per vehicle; and (2) heavy and light
armored vehicles for the physical security of personnel or for force
protection purposes up to a limit of $450,000 per vehicle, notwithstanding price or other limitations applicable to the purchase of
passenger carrying vehicles.
SEC. 9005. Not to exceed $5,000,000 of the amounts appropriated by this title under the heading ‘‘Operation and Maintenance,
Army’’ may be used, notwithstanding any other provision of law,
to fund the Commanders’ Emergency Response Program (CERP),
for the purpose of enabling military commanders in Afghanistan
to respond to urgent, small-scale, humanitarian relief and
reconstruction requirements within their areas of responsibility:
Provided, That each project (including any ancillary or related
elements in connection with such project) executed under this
authority shall not exceed $2,000,000: Provided further, That not
later than 45 days after the end of each 6 months of the fiscal
year, the Secretary of Defense shall submit to the congressional
defense committees a report regarding the source of funds and
the allocation and use of funds during that 6-month period that
were made available pursuant to the authority provided in this
section or under any other provision of law for the purposes
described herein: Provided further, That, not later than 30 days
after the end of each fiscal year quarter, the Army shall submit
to the congressional defense committees quarterly commitment,
obligation, and expenditure data for the CERP in Afghanistan:
Provided further, That, not less than 15 days before making funds
available pursuant to the authority provided in this section or
under any other provision of law for the purposes described herein
for a project with a total anticipated cost for completion of $500,000
or more, the Secretary shall submit to the congressional defense
committees a written notice containing each of the following:
(1) The location, nature and purpose of the proposed project,
including how the project is intended to advance the military
campaign plan for the country in which it is to be carried
out.
(2) The budget, implementation timeline with milestones,
and completion date for the proposed project, including any
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131 STAT. 289
other CERP funding that has been or is anticipated to be
contributed to the completion of the project.
(3) A plan for the sustainment of the proposed project,
including the agreement with either the host nation, a nonDepartment of Defense agency of the United States Government
or a third-party contributor to finance the sustainment of the
activities and maintenance of any equipment or facilities to
be provided through the proposed project.
SEC. 9006. Funds available to the Department of Defense for
operation and maintenance may be used, notwithstanding any other
provision of law, to provide supplies, services, transportation,
including airlift and sealift, and other logistical support to allied
forces participating in a combined operation with the armed forces
of the United States and coalition forces supporting military and
stability operations in Afghanistan and to counter the Islamic State
of Iraq and the Levant: Provided, That the Secretary of Defense
shall provide quarterly reports to the congressional defense committees regarding support provided under this section.
SEC. 9007. None of the funds appropriated or otherwise made
available by this or any other Act shall be obligated or expended
by the United States Government for a purpose as follows:
(1) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Iraq.
(2) To exercise United States control over any oil resource
of Iraq.
(3) To establish any military installation or base for the
purpose of providing for the permanent stationing of United
States Armed Forces in Afghanistan.
SEC. 9008. None of the funds made available in this Act may
be used in contravention of the following laws enacted or regulations
promulgated to implement the United Nations Convention Against
Torture and Other Cruel, Inhuman or Degrading Treatment or
Punishment (done at New York on December 10, 1984):
(1) Section 2340A of title 18, United States Code.
(2) Section 2242 of the Foreign Affairs Reform and Restructuring Act of 1998 (division G of Public Law 105–277; 112
Stat. 2681–822; 8 U.S.C. 1231 note) and regulations prescribed
thereto, including regulations under part 208 of title 8, Code
of Federal Regulations, and part 95 of title 22, Code of Federal
Regulations.
(3) Sections 1002 and 1003 of the Department of Defense,
Emergency Supplemental Appropriations to Address Hurricanes in the Gulf of Mexico, and Pandemic Influenza Act,
2006 (Public Law 109–148).
SEC. 9009. None of the funds provided for the ‘‘Afghanistan
Security Forces Fund’’ (ASFF) may be obligated prior to the
approval of a financial and activity plan by the Afghanistan
Resources Oversight Council (AROC) of the Department of Defense:
Provided, That the AROC must approve the requirement and
acquisition plan for any service requirements in excess of
$50,000,000 annually and any non-standard equipment requirements in excess of $100,000,000 using ASFF: Provided further,
That the Department of Defense must certify to the congressional
defense committees that the AROC has convened and approved
a process for ensuring compliance with the requirements in the
preceding proviso and accompanying report language for the ASFF.
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Plan.
Deadline.
Reports.
Plan.
Certification.
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Determination.
Deadline.
Transition plan.
Deadline.
Notification.
Coordination.
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PUBLIC LAW 115–31—MAY 5, 2017
SEC. 9010. Funds made available in this title to the Department
of Defense for operation and maintenance may be used to purchase
items having an investment unit cost of not more than $250,000:
Provided, That, upon determination by the Secretary of Defense
that such action is necessary to meet the operational requirements
of a Commander of a Combatant Command engaged in contingency
operations overseas, such funds may be used to purchase items
having an investment item unit cost of not more than $500,000.
SEC. 9011. From funds made available to the Department of
Defense in this title under the heading ‘‘Operation and Maintenance, Air Force’’, up to $60,000,000 may be used by the Secretary
of Defense, notwithstanding any other provision of law, to support
United States Government transition activities in Iraq by funding
the operations and activities of the Office of Security Cooperation
in Iraq and security assistance teams, including life support,
transportation and personal security, and facilities renovation and
construction, and site closeout activities prior to returning sites
to the Government of Iraq: Provided, That to the extent authorized
under the National Defense Authorization Act for Fiscal Year 2017,
the operations and activities that may be carried out by the Office
of Security Cooperation in Iraq may, with the concurrence of the
Secretary of State, include non-operational training activities in
support of Iraqi Minister of Defense and Counter Terrorism Service
personnel in an institutional environment to address capability
gaps, integrate processes relating to intelligence, air sovereignty,
combined arms, logistics and maintenance, and to manage and
integrate defense-related institutions: Provided further, That not
later than 30 days following the enactment of this Act, the Secretary
of Defense and the Secretary of State shall submit to the congressional defense committees a plan for transitioning any such training
activities that they determine are needed after the end of fiscal
year 2017, to existing or new contracts for the sale of defense
articles or defense services consistent with the provisions of the
Arms Export Control Act (22 U.S.C. 2751 et seq.): Provided further,
That, not less than 15 days before making funds available pursuant
to the authority provided in this section, the Secretary of Defense
shall submit to the congressional defense committees a written
notice containing a detailed justification and timeline for the operations and activities of the Office of Security Cooperation in Iraq
at each site where such operations and activities will be conducted
during fiscal year 2017: Provided further, That amounts made available by this section are designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SEC. 9012. Up to $500,000,000 of funds appropriated by this
Act for the Defense Security Cooperation Agency in ‘‘Operation
and Maintenance, Defense-Wide’’ may be used to provide assistance
to the Government of Jordan to support the armed forces of Jordan
and to enhance security along its borders.
SEC. 9013. None of the funds made available by this Act under
the heading ‘‘Counter-ISIL Train and Equip Fund’’ may be used
to procure or transfer man-portable air defense systems.
SEC. 9014. For the ‘‘Ukraine Security Assistance Initiative’’,
$150,000,000 is hereby appropriated, to remain available until September 30, 2017: Provided, That such funds shall be available
to the Secretary of Defense, in coordination with the Secretary
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131 STAT. 291
of State, to provide assistance, including training; equipment; lethal
weapons of a defensive nature; logistics support, supplies and services; sustainment; and intelligence support to the military and
national security forces of Ukraine, and for replacement of any
weapons or defensive articles provided to the Government of
Ukraine from the inventory of the United States: Provided further,
That the Secretary of Defense shall, not less than 15 days prior
to obligating funds provided under this heading, notify the congressional defense committees in writing of the details of any such
obligation: Provided further, That the United States may accept
equipment procured using funds provided under this heading in
this or prior Acts that was transferred to the security forces of
Ukraine and returned by such forces to the United States: Provided
further, That equipment procured using funds provided under this
heading in this or prior Acts, and not yet transferred to the military
or National Security Forces of Ukraine or returned by such forces
to the United States, may be treated as stocks of the Department
of Defense upon written notification to the congressional defense
committees: Provided further, That amounts made available by
this section are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 9015. Funds appropriated in this title shall be available
for replacement of funds for items provided to the Government
of Ukraine from the inventory of the United States to the extent
specifically provided for in section 9014 of this Act.
SEC. 9016. None of the funds made available by this Act under
section 9014 for ‘‘Assistance and Sustainment to the Military and
National Security Forces of Ukraine’’ may be used to procure or
transfer man-portable air defense systems.
SEC. 9017. (a) None of the funds appropriated or otherwise
made available by this Act under the heading ‘‘Operation and
Maintenance, Defense-Wide’’ for payments under section 1233 of
Public Law 110–181 for reimbursement to the Government of Pakistan may be made available unless the Secretary of Defense, in
coordination with the Secretary of State, certifies to the congressional defense committees that the Government of Pakistan is—
(1) cooperating with the United States in counterterrorism
efforts against the Haqqani Network, the Quetta Shura Taliban,
Lashkar e-Tayyiba, Jaish-e-Mohammed, Al Qaeda, and other
domestic and foreign terrorist organizations, including taking
steps to end support for such groups and prevent them from
basing and operating in Pakistan and carrying out cross border
attacks into neighboring countries;
(2) not supporting terrorist activities against United States
or coalition forces in Afghanistan, and Pakistan’s military and
intelligence agencies are not intervening extra-judicially into
political and judicial processes in Pakistan;
(3) dismantling improvised explosive device (IED) networks
and interdicting precursor chemicals used in the manufacture
of IEDs;
(4) preventing the proliferation of nuclear-related material
and expertise;
(5) implementing policies to protect judicial independence
and due process of law;
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Deadline.
Notification.
Notification.
Coordination.
Certifications.
Pakistan.
PUBL031
131 STAT. 292
Coordination.
Waiver authority.
Reports.
PUBLIC LAW 115–31—MAY 5, 2017
(6) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance programs in Pakistan; and
(7) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(b) The Secretary of Defense, in coordination with the Secretary
of State, may waive the restriction in subsection (a) on a caseby-case basis by certifying in writing to the congressional defense
committees that it is in the national security interest to do so:
Provided, That if the Secretary of Defense, in coordination with
the Secretary of State, exercises such waiver authority, the Secretaries shall report to the congressional defense committees on both
the justification for the waiver and on the requirements of this
section that the Government of Pakistan was not able to meet:
Provided further, That such report may be submitted in classified
form if necessary.
(INCLUDING TRANSFER OF FUNDS)
Deadline.
Reports.
Termination
date.
Reports.
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SEC. 9018. In addition to amounts otherwise made available
in this Act, $500,000,000 is hereby appropriated to the Department
of Defense and made available for transfer only to the operation
and maintenance, military personnel, and procurement accounts,
to improve the intelligence, surveillance, and reconnaissance
capabilities of the Department of Defense: Provided, That the
transfer authority provided in this section is in addition to any
other transfer authority provided elsewhere in this Act: Provided
further, That not later than 30 days prior to exercising the transfer
authority provided in this section, the Secretary of Defense shall
submit a report to the congressional defense committees on the
proposed uses of these funds: Provided further, That the funds
provided in this section may not be transferred to any program,
project, or activity specifically limited or denied by this Act: Provided further, That amounts made available by this section are
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985:
Provided further, That the authority to provide funding under this
section shall terminate on September 30, 2017.
SEC. 9019. None of the funds made available by this Act may
be used with respect to Syria in contravention of the War Powers
Resolution (50 U.S.C. 1541 et seq.), including for the introduction
of United States armed or military forces into hostilities in Syria,
into situations in Syria where imminent involvement in hostilities
is clearly indicated by the circumstances, or into Syrian territory,
airspace, or waters while equipped for combat, in contravention
of the congressional consultation and reporting requirements of
sections 3 and 4 of that law (50 U.S.C. 1542 and 1543).
SEC. 9020. None of the funds in this Act may be made available
for the transfer of additional C–130 cargo aircraft to the Afghanistan
National Security Forces or the Afghanistan Air Force until the
Department of Defense provides a report to the congressional
defense committees of the Afghanistan Air Force’s medium airlift
requirements. The report should identify Afghanistan’s ability to
utilize and maintain existing medium lift aircraft in the inventory
and the best alternative platform, if necessary, to provide additional
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131 STAT. 293
support to the Afghanistan Air Force’s current medium airlift
capacity.
(RESCISSIONS)
SEC. 9021. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That such amounts are designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985:
‘‘Operation and Maintenance, Defense-Wide, DSCA Coalition Support Fund’’, 2016/2017, $300,000,000;
‘‘Counterterrorism
Partnerships
Fund’’,
2016/2017,
$200,000,000;
‘‘Afghanistan
Security
Forces
Fund’’,
2016/2017,
$150,000,000; and
‘‘Other Procurement, Air Force’’, 2016/2018, $169,000,000.
(RESCISSION)
SEC. 9022. Of the funds appropriated in Department of Defense
Appropriations Acts, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That amounts rescinded pursuant to this section that
were previously designated by the Congress for contingency operations directly related to the global war on terrorism pursuant
to section 3(c)(2) of H. Res. 5 (112th Congress) and as an emergency
requirement pursuant to section 403(a) of S. Con. Res. 13 (111th
Congress) are designated by the Congress for Overseas Contingency
Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985:
‘‘Operation and Maintenance, Defense-Wide: Coalition Support Funds’’, XXXX, $11,524,000.
SEC. 9023. (a) The Mine Resistant Ambush Protected Vehicle
Fund provided for by section 123 of Public Law 110–92 (121 Stat.
992) is hereby terminated, effective as of the date of the enactment
of this Act.
(b) Any unobligated balances in the Mine Resistant Ambush
Protected Vehicle Fund as of the date of the enactment of this
Act shall, notwithstanding any provision of subchapter IV of chapter
15 of title 31, United States Code, or the procedures under such
subchapter, be deposited in the Treasury as miscellaneous receipts.
Termination
date.
TITLE X
DEPARTMENT OF DEFENSE—ADDITIONAL
APPROPRIATIONS
MILITARY PERSONNEL
MILITARY PERSONNEL, AIR FORCE
For an additional amount for ‘‘Military Personnel, Air Force’’,
$131,375,000: Provided, That such amount is designated by the
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PUBLIC LAW 115–31—MAY 5, 2017
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OPERATION AND MAINTENANCE
OPERATION
AND
MAINTENANCE, ARMY
For an additional amount for ‘‘Operation and Maintenance,
Army’’, $986,754,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, NAVY
For an additional amount for ‘‘Operation and Maintenance,
Navy’’, $1,772,631,000: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, MARINE CORPS
For an additional amount for ‘‘Operation and Maintenance,
Marine Corps’’, $255,250,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, AIR FORCE
For an additional amount for ‘‘Operation and Maintenance,
Air Force’’, $1,566,272,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, DEFENSE-WIDE
For an additional amount for ‘‘Operation and Maintenance,
Defense-Wide’’, $650,951,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, NAVY RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Navy Reserve’’, $3,208,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, AIR FORCE RESERVE
For an additional amount for ‘‘Operation and Maintenance,
Air Force Reserve’’, $115,099,000: Provided, That such amount is
designated by the Congress for Overseas Contingency Operations/
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131 STAT. 295
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, ARMY NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Army National Guard’’, $87,868,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OPERATION
AND
MAINTENANCE, AIR NATIONAL GUARD
For an additional amount for ‘‘Operation and Maintenance,
Air National Guard’’, $23,000,000: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
COUNTER-ISIL TRAIN
AND
EQUIP FUND
For an additional amount for the ‘‘Counter-Islamic State of
Iraq and the Levant Train and Equip Fund’’, $626,400,000, to
remain available until September 30, 2018: Provided, That such
amounts shall not be obligated or expended until 15 days after
the President submits a plan in accordance with section 10005
of this Act: Provided further, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
Deadline.
Plan.
COUNTER-ISIL OVERSEAS CONTINGENCY OPERATIONS TRANSFER
FUND
(INCLUDING TRANSFER OF FUNDS)
In addition to amounts provided elsewhere in this Act, there
is appropriated $1,610,000,000, for the ‘‘Counter-Islamic State of
Iraq and the Levant Overseas Contingency Operations Transfer
Fund’’, for expenses directly relating to overseas contingency operations by United States military forces, to remain available until
expended: Provided, That of the funds made available in this section, the Secretary of Defense may transfer these funds only to
military personnel accounts, operation and maintenance accounts,
procurement accounts, and working capital fund accounts: Provided
further, That such amounts shall not be transferred until 15 days
after the President submits a plan in accordance with section 10005
of this Act: Provided further, That the funds transferred shall
be merged with and shall be available for the same purposes and
for the same time period, as the appropriation to which transferred:
Provided further, That the Secretary shall notify the congressional
defense committees 15 days prior to such transfer or any subsequent
transfer: Provided further, That the transfer authority provided
under this heading is in addition to any other transfer authority
available to the Department of Defense: Provided further, That
such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
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Deadline.
President.
Plan.
Notification.
Deadline.
PUBL031
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PUBLIC LAW 115–31—MAY 5, 2017
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
AIRCRAFT PROCUREMENT, ARMY
For an additional amount for ‘‘Aircraft Procurement, Army’’,
$316,784,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
MISSILE PROCUREMENT, ARMY
For an additional amount for ‘‘Missile Procurement, Army’’,
$579,754,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
OF
WEAPONS
AND TRACKED COMBAT VEHICLES,
ARMY
For an additional amount for ‘‘Procurement of Weapons and
Tracked Combat Vehicles, Army’’, $61,218,000, to remain available
until September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
PROCUREMENT
OF
AMMUNITION, ARMY
For an additional amount for ‘‘Procurement of Ammunition,
Army’’, $447,685,000, to remain available until September 30, 2019:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
OTHER PROCUREMENT, ARMY
For an additional amount for ‘‘Other Procurement, Army’’,
$412,109,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, NAVY
For an additional amount for ‘‘Aircraft Procurement, Navy’’,
$314,257,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
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PUBL031
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131 STAT. 297
WEAPONS PROCUREMENT, NAVY
For an additional amount for ‘‘Weapons Procurement, Navy’’,
$129,000,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
OF
AMMUNITION, NAVY
AND
MARINE CORPS
For an additional amount for ‘‘Procurement of Ammunition,
Navy and Marine Corps’’, $103,100,000, to remain available until
September 30, 2019: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
OTHER PROCUREMENT, NAVY
For an additional amount for ‘‘Other Procurement, Navy’’,
$151,297,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, MARINE CORPS
For an additional amount for ‘‘Procurement, Marine Corps’’,
$212,280,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
AIRCRAFT PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Aircraft Procurement, Air Force’’,
$856,820,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
SPACE PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Space Procurement, Air Force’’,
$19,900,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT
OF
AMMUNITION, AIR FORCE
For an additional amount for ‘‘Procurement of Ammunition,
Air Force’’, $70,000,000, to remain available until September 30,
2019: Provided, That such amount is designated by the Congress
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PUBLIC LAW 115–31—MAY 5, 2017
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
OTHER PROCUREMENT, AIR FORCE
For an additional amount for ‘‘Other Procurement, Air Force’’,
$1,335,381,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
PROCUREMENT, DEFENSE-WIDE
For an additional amount for ‘‘Procurement, Defense-Wide’’,
$510,635,000, to remain available until September 30, 2019: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST AND EVALUATION
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, ARMY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Army’’, $163,134,000, to remain available until
September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, NAVY
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Navy’’, $248,214,000, to remain available until
September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, AIR FORCE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Air Force’’, $297,300,000, to remain available until
September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RESEARCH, DEVELOPMENT, TEST
AND
EVALUATION, DEFENSE-WIDE
For an additional amount for ‘‘Research, Development, Test
and Evaluation, Defense-Wide’’, $279,185,000, to remain available
until September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 115–31—MAY 5, 2017
OPERATIONAL TEST
AND
131 STAT. 299
EVALUATION, DEFENSE
For an additional amount for ‘‘Operational Test and Evaluation,
Defense’’, $2,725,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
REVOLVING AND MANAGEMENT FUNDS
DEFENSE WORKING CAPITAL FUNDS
For an additional amount for ‘‘Defense Working Capital Funds’’,
$285,681,000: Provided, That such amount is designated by the
Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget
and Emergency Deficit Control Act of 1985.
OTHER DEPARTMENT OF DEFENSE PROGRAMS
CHEMICAL AGENTS
AND
MUNITIONS DESTRUCTION, DEFENSE
For an additional amount for ‘‘Chemical Agents and Munitions
Destruction, Defense’’, $127,000,000, to remain available until September 30, 2018, shall be for research, development, test and evaluation: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS—THIS TITLE
SEC. 10001. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts appropriated
or otherwise made available for the Department of Defense for
fiscal year 2017: Provided, That except as otherwise explicitly provided for in this title, such amounts shall be subject to the terms
and conditions set forth in titles VIII and IX of this division.
(INCLUDING TRANSFER OF FUNDS)
SEC. 10002. Upon the determination of the Secretary of Defense
that such action is necessary in the national interest, the Secretary
may, with the approval of the Office of Management and Budget,
transfer up to $250,000,000 between the appropriations or funds
made available to the Department of Defense in this title: Provided,
That the Secretary shall notify the Congress promptly of each
transfer made pursuant to the authority in this section: Provided
further, That the authority provided in this section is in addition
to any other transfer authority available to the Department of
Defense and is subject to the same terms and conditions as the
authority provided in section 8005 of the Department of Defense
Appropriations Act, 2017.
SEC. 10003. Funds appropriated by this title, or made available
by the transfer of funds in this title, for intelligence or intelligence
related activities are deemed to be specifically authorized by the
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Determination.
Notification.
PUBL031
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Deadline.
President.
Reports.
Strategy.
Iraq.
Estimate.
Assessment.
Deadlines.
Progress update.
Definition.
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PUBLIC LAW 115–31—MAY 5, 2017
Congress for purposes of section 504 of the National Security Act
of 1947 (50 U.S.C. 414).
SEC. 10004. In addition to funds made available in section
8124 of this division, $7,000,000 of the amounts appropriated in
this Act for ‘‘Operation and Maintenance, Navy’’, may be used
for any purposes related to the National Defense Reserve Fleet
established under section 11 of the Merchant Ship Sales Act of
1946 (50 U.S.C. 4405): Provided, That such amounts are available
for reimbursements to the Ready Reserve Force, Maritime Administration account of the United States Department of Transportation
for programs, projects, activities, and expenses related to the
National Defense Reserve Fleet.
SEC. 10005. (a) Of the amounts appropriated in this title,
$2,476,200,000 shall not be obligated or expended until 15 days
after the President provides the appropriate committees a report
on the United States strategy for the defeat of the Islamic State
of Iraq and al Sham.
(b) Such report, which may include a classified annex, shall
include, at a minimum, the following—
(1) a description of the objectives of the United States
to defeat the Islamic State of Iraq and al Sham, including
the desired end states in Iraq and Syria to achieve such objectives;
(2) a description of the roles and responsibilities of the
Department of Defense in the strategy, the regions covered
by the strategy, and the specific allies and coalition partners
required to carry out the strategy, including the expected lines
of effort of such coalition;
(3) a description of the roles and responsibilities of the
Department of State in the strategy, the diplomatic and regional
engagement necessary to achieve the objectives of the strategy,
to include plans for stabilizing territory formerly held by the
Islamic State of Iraq and al Sham;
(4) an estimate of the resources required to undertake
the strategy, and a description of the plan for the use of
funds provided in this Act to implement the strategy;
(5) a description of the benchmarks to be used to measure
progress in achieving the objectives of the strategy; and
(6) an assessment of how the actions of the Government
of Syria and other state and non-state actors in the region
impact the ability to achieve the objectives of the strategy.
(c) Not more than 90 days after the initial report, and every
90 days thereafter, the Secretary of Defense and the Secretary
of State shall submit to the appropriate congressional committees
an update on the progress toward the benchmarks established
in the initial report, and if applicable, a description of any changes
to the objectives of the strategy.
(d) For purposes of this section, the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on Intelligence, and the Committee on Appropriations of the House
of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, the Select Committee on Intelligence, and the
Committee on Appropriations of the Senate.
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131 STAT. 301
SEC. 10006. (a) Not later than 90 days after the date of enactment of this Act, the President shall transmit a report to the
appropriate congressional committees describing a strategy for
Syria.
(b) Such report, which may include a classified annex, shall
include, at a minimum, the following—
(1) a description of the United States political and military
objectives regarding the Government of Syria;
(2) a description of United States and multilateral efforts
to address the needs of civilians affected by the conflict in
Syria, to include efforts to protect the civilian population from
the use of chemical weapons and the deliberate targeting of
civilians by the Government of Syria;
(3) a description of the efforts of the United States to
engage regional and international partners in support of such
objectives; and
(4) a description of the efforts undertaken by the relevant
agencies to achieve such objectives.
(c) For purposes of this section, the term ‘‘appropriate congressional committees’’ means—
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
Senate.
This division may be cited as the ‘‘Department of Defense
Appropriations Act, 2017’’.
DIVISION D—ENERGY AND WATER DEVELOPMENT AND
RELATED AGENCIES APPROPRIATIONS ACT, 2017
Deadline.
Reports.
Strategy.
Syria.
Definition.
Energy and
Water
Development and
Related Agencies
Appropriations
Act, 2017.
TITLE I
CORPS OF ENGINEERS—CIVIL
DEPARTMENT OF THE ARMY
CORPS
OF
ENGINEERS—CIVIL
The following appropriations shall be expended under the direction of the Secretary of the Army and the supervision of the Chief
of Engineers for authorized civil functions of the Department of
the Army pertaining to river and harbor, flood and storm damage
reduction, shore protection, aquatic ecosystem restoration, and
related efforts.
INVESTIGATIONS
For expenses necessary where authorized by law for the collection and study of basic information pertaining to river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related needs; for surveys and detailed
studies, and plans and specifications of proposed river and harbor,
flood and storm damage reduction, shore protection, and aquatic
ecosystem restoration projects, and related efforts prior to construction; for restudy of authorized projects; and for miscellaneous investigations, and, when authorized by law, surveys and detailed
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PUBLIC LAW 115–31—MAY 5, 2017
studies, and plans and specifications of projects prior to construction, $121,000,000, to remain available until expended: Provided,
That the Secretary may initiate up to, but not more than, six
new study starts during fiscal year 2017: Provided further, That
the new study starts will consist of five studies where the majority
of the benefits are derived from navigation transportation savings
or from flood and storm damage reduction and one study where
the majority of benefits are derived from environmental restoration:
Provided further, That the Secretary shall not deviate from the
new starts proposed in the work plan, once the plan has been
submitted to the Committees on Appropriations of both Houses
of Congress.
CONSTRUCTION
Deadline.
Funding
scenario.
For expenses necessary for the construction of river and harbor,
flood and storm damage reduction, shore protection, aquatic ecosystem restoration, and related projects authorized by law; for
conducting detailed studies, and plans and specifications, of such
projects (including those involving participation by States, local
governments, or private groups) authorized or made eligible for
selection by law (but such detailed studies, and plans and specifications, shall not constitute a commitment of the Government to
construction); $1,876,000,000, to remain available until expended;
of which such sums as are necessary to cover the Federal share
of construction costs for facilities under the Dredged Material Disposal Facilities program shall be derived from the Harbor Maintenance Trust Fund as authorized by Public Law 104–303; and of
which such sums as are necessary to cover one-half of the costs
of construction, replacement, rehabilitation, and expansion of inland
waterways projects shall be derived from the Inland Waterways
Trust Fund, except as otherwise specifically provided for in law:
Provided, That the Secretary may initiate up to, but not more
than, six new construction starts during fiscal year 2017: Provided
further, That the new construction starts will consist of five projects
where the majority of the benefits are derived from navigation
transportation savings or from flood and storm damage reduction
and one project where the majority of the benefits are derived
from environmental restoration: Provided further, That for new
construction projects, project cost sharing agreements shall be
executed as soon as practicable but no later than September 30,
2017: Provided further, That no allocation for a new start shall
be considered final and no work allowance shall be made until
the Secretary provides to the Committees on Appropriations of
both Houses of Congress an out-year funding scenario demonstrating the affordability of the selected new starts and the
impacts on other projects: Provided further, That the Secretary
may not deviate from the new starts proposed in the work plan,
once the plan has been submitted to the Committees on Appropriations of both Houses of Congress.
MISSISSIPPI RIVER AND TRIBUTARIES
For expenses necessary for flood damage reduction projects
and related efforts in the Mississippi River alluvial valley below
Cape Girardeau, Missouri, as authorized by law, $362,000,000, to
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 303
remain available until expended, of which such sums as are necessary to cover the Federal share of eligible operation and maintenance costs for inland harbors shall be derived from the Harbor
Maintenance Trust Fund.
OPERATION AND MAINTENANCE
For expenses necessary for the operation, maintenance, and
care of existing river and harbor, flood and storm damage reduction,
aquatic ecosystem restoration, and related projects authorized by
law; providing security for infrastructure owned or operated by
the Corps, including administrative buildings and laboratories;
maintaining harbor channels provided by a State, municipality,
or other public agency that serve essential navigation needs of
general commerce, where authorized by law; surveying and charting
northern and northwestern lakes and connecting waters; clearing
and straightening channels; and removing obstructions to navigation, $3,149,000,000, to remain available until expended, of which
such sums as are necessary to cover the Federal share of eligible
operation and maintenance costs for coastal harbors and channels,
and for inland harbors shall be derived from the Harbor Maintenance Trust Fund; of which such sums as become available from
the special account for the Corps of Engineers established by the
Land and Water Conservation Fund Act of 1965 shall be derived
from that account for resource protection, research, interpretation,
and maintenance activities related to resource protection in the
areas at which outdoor recreation is available; and of which such
sums as become available from fees collected under section 217
of Public Law 104–303 shall be used to cover the cost of operation
and maintenance of the dredged material disposal facilities for
which such fees have been collected: Provided, That 1 percent
of the total amount of funds provided for each of the programs,
projects, or activities funded under this heading shall not be allocated to a field operating activity prior to the beginning of the
fourth quarter of the fiscal year and shall be available for use
by the Chief of Engineers to fund such emergency activities as
the Chief of Engineers determines to be necessary and appropriate,
and that the Chief of Engineers shall allocate during the fourth
quarter any remaining funds which have not been used for emergency activities proportionally in accordance with the amounts provided for the programs, projects, or activities.
REGULATORY PROGRAM
For expenses necessary for administration of laws pertaining
to regulation of navigable waters and wetlands, $200,000,000, to
remain available until September 30, 2018.
FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM
For expenses necessary to clean up contamination from sites
in the United States resulting from work performed as part of
the Nation’s early atomic energy program, $112,000,000, to remain
available until expended.
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131 STAT. 304
PUBLIC LAW 115–31—MAY 5, 2017
FLOOD CONTROL AND COASTAL EMERGENCIES
For expenses necessary to prepare for flood, hurricane, and
other natural disasters and support emergency operations, repairs,
and other activities in response to such disasters as authorized
by law, $32,000,000, to remain available until expended.
EXPENSES
For expenses necessary for the supervision and general
administration of the civil works program in the headquarters
of the Corps of Engineers and the offices of the Division Engineers;
and for costs of management and operation of the Humphreys
Engineer Center Support Activity, the Institute for Water
Resources, the United States Army Engineer Research and Development Center, and the United States Army Corps of Engineers
Finance Center allocable to the civil works program, $181,000,000,
to remain available until September 30, 2018, of which not to
exceed $5,000 may be used for official reception and representation
purposes and only during the current fiscal year: Provided, That
no part of any other appropriation provided in this title shall
be available to fund the civil works activities of the Office of
the Chief of Engineers or the civil works executive direction and
management activities of the division offices: Provided further, That
any Flood Control and Coastal Emergencies appropriation may
be used to fund the supervision and general administration of
emergency operations, repairs, and other activities in response to
any flood, hurricane, or other natural disaster.
OFFICE OF THE ASSISTANT SECRETARY OF THE ARMY FOR CIVIL WORKS
Plan.
For the Office of the Assistant Secretary of the Army for Civil
Works as authorized by 10 U.S.C. 3016(b)(3), $4,764,000, to remain
available until September 30, 2018: Provided, That not more than
75 percent of such amount may be obligated or expended until
the Assistant Secretary submits to the Committees on Appropriations of both Houses of Congress a work plan that allocates at
least 95 percent of the additional funding provided under each
heading in this title (as designated under such heading in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act)) to specific programs,
projects, or activities.
GENERAL PROVISIONS—CORPS OF ENGINEERS—CIVIL
(INCLUDING TRANSFER OF FUNDS)
SEC. 101. (a) None of the funds provided in title I of this
Act, or provided by previous appropriations Acts to the agencies
or entities funded in title I of this Act that remain available for
obligation or expenditure in fiscal year 2017, shall be available
for obligation or expenditure through a reprogramming of funds
that:
(1) creates or initiates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 305
by this Act, unless prior approval is received from the House
and Senate Committees on Appropriations;
(4) proposes to use funds directed for a specific activity
for a different purpose, unless prior approval is received from
the House and Senate Committees on Appropriations;
(5) augments or reduces existing programs, projects, or
activities in excess of the amounts contained in paragraphs
(6) through (10), unless prior approval is received from the
House and Senate Committees on Appropriations;
(6) INVESTIGATIONS.—For a base level over $100,000, reprogramming of 25 percent of the base amount up to a limit
of $150,000 per project, study or activity is allowed: Provided,
That for a base level less than $100,000, the reprogramming
limit is $25,000: Provided further, That up to $25,000 may
be reprogrammed into any continuing study or activity that
did not receive an appropriation for existing obligations and
concomitant administrative expenses;
(7) CONSTRUCTION.—For a base level over $2,000,000, reprogramming of 15 percent of the base amount up to a limit
of $3,000,000 per project, study or activity is allowed: Provided,
That for a base level less than $2,000,000, the reprogramming
limit is $300,000: Provided further, That up to $3,000,000 may
be reprogrammed for settled contractor claims, changed conditions, or real estate deficiency judgments: Provided further,
That up to $300,000 may be reprogrammed into any continuing
study or activity that did not receive an appropriation for
existing obligations and concomitant administrative expenses;
(8) OPERATION AND MAINTENANCE.—Unlimited reprogramming authority is granted for the Corps to be able to respond
to emergencies: Provided, That the Chief of Engineers shall
notify the House and Senate Committees on Appropriations
of these emergency actions as soon thereafter as practicable:
Provided further, That for a base level over $1,000,000, reprogramming of 15 percent of the base amount up to a limit
of $5,000,000 per project, study, or activity is allowed: Provided
further, That for a base level less than $1,000,000, the reprogramming limit is $150,000: Provided further, That $150,000
may be reprogrammed into any continuing study or activity
that did not receive an appropriation;
(9) MISSISSIPPI RIVER AND TRIBUTARIES.—The reprogramming guidelines in paragraphs (6), (7), and (8) shall apply
to the Investigations, Construction, and Operation and Maintenance portions of the Mississippi River and Tributaries Account,
respectively; and
(10) FORMERLY UTILIZED SITES REMEDIAL ACTION PROGRAM.—Reprogramming of up to 15 percent of the base of
the receiving project is permitted.
(b) DE MINIMUS REPROGRAMMINGS.—In no case should a reprogramming for less than $50,000 be submitted to the House
and Senate Committees on Appropriations.
(c) CONTINUING AUTHORITIES PROGRAM.—Subsection (a)(1) shall
not apply to any project or activity funded under the continuing
authorities program.
(d) Not later than 60 days after the date of enactment of
this Act, the Secretary shall submit a report to the House and
Senate Committees on Appropriations to establish the baseline
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Notification.
Applicability.
Deadline.
Reports.
PUBL031
131 STAT. 306
PUBLIC LAW 115–31—MAY 5, 2017
for application of reprogramming and transfer authorities for the
current fiscal year which shall include:
(1) A table for each appropriation with a separate column
to display the President’s budget request, adjustments made
by Congress, adjustments due to enacted rescissions, if
applicable, and the fiscal year enacted level; and
(2) A delineation in the table for each appropriation both
by object class and program, project and activity as detailed
in the budget appendix for the respective appropriations; and
(3) An identification of items of special congressional
interest.
SEC. 102. The Secretary shall allocate funds made available
in this Act solely in accordance with the provisions of this Act
and the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), including the determination and designation of new starts.
SEC. 103. None of the funds made available in this title may
be used to award or modify any contract that commits funds beyond
the amounts appropriated for that program, project, or activity
that remain unobligated, except that such amounts may include
any funds that have been made available through reprogramming
pursuant to section 101.
SEC. 104. The Secretary of the Army may transfer to the
Fish and Wildlife Service, and the Fish and Wildlife Service may
accept and expend, up to $5,400,000 of funds provided in this
title under the heading ‘‘Operation and Maintenance’’ to mitigate
for fisheries lost due to Corps of Engineers projects.
SEC. 105. None of the funds in this Act shall be used for
an open lake placement alternative for dredged material, after
evaluating the least costly, environmentally acceptable manner for
the disposal or management of dredged material originating from
Lake Erie or tributaries thereto, unless it is approved under a
State water quality certification pursuant to section 401 of the
Federal Water Pollution Control Act (33 U.S.C. 1341); Provided
further, That until an open lake placement alternative for dredged
material is approved under a State water quality certification,
the Corps of Engineers shall continue upland placement of such
dredged material consistent with the requirements of section 101
of the Water Resources Development Act of 1986 (33 U.S.C. 2211).
SEC. 106. None of the funds made available in this title may
be used for any acquisition that is not consistent with 48 CFR
225.7007.
SEC. 107. None of the funds made available by this Act may
be used to carry out any water supply reallocation study under
the Wolf Creek Dam, Lake Cumberland, Kentucky, project authorized under the Act of July 24, 1946 (60 Stat. 636, ch. 595).
SEC. 108. None of the funds made available in this or any
other Act making appropriations for Energy and Water Development for any fiscal year may be used by the Corps of Engineers
during the fiscal year ending September 30, 2017, to develop, adopt,
implement, administer, or enforce any change to the regulations
in effect on October 1, 2012, pertaining to the definitions of the
terms ‘‘fill material’’ or ‘‘discharge of fill material’’ for the purposes
of the Federal Water Pollution Control Act (33 U.S.C. 1251 et
seq.).
SEC. 109. None of the funds made available by this Act may
be used to require a permit for the discharge of dredged or fill
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 307
material under the Federal Water Pollution Control Act (33 U.S.C.
1251 et seq.) for the activities identified in subparagraphs (A)
and (C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).
TITLE II
DEPARTMENT OF THE INTERIOR
CENTRAL UTAH PROJECT
CENTRAL UTAH PROJECT COMPLETION ACCOUNT
For carrying out activities authorized by the Central Utah
Project Completion Act, $10,500,000, to remain available until
expended, of which $1,300,000 shall be deposited into the Utah
Reclamation Mitigation and Conservation Account for use by the
Utah Reclamation Mitigation and Conservation Commission: Provided, That of the amount provided under this heading, $1,350,000
shall be available until September 30, 2018, for expenses necessary
in carrying out related responsibilities of the Secretary of the
Interior: Provided further, That for fiscal year 2017, of the amount
made available to the Commission under this Act or any other
Act, the Commission may use an amount not to exceed $1,500,000
for administrative expenses.
BUREAU
OF
RECLAMATION
The following appropriations shall be expended to execute
authorized functions of the Bureau of Reclamation:
WATER AND RELATED RESOURCES
(INCLUDING TRANSFERS OF FUNDS)
For management, development, and restoration of water and
related natural resources and for related activities, including the
operation, maintenance, and rehabilitation of reclamation and other
facilities, participation in fulfilling related Federal responsibilities
to Native Americans, and related grants to, and cooperative and
other agreements with, State and local governments, federally recognized Indian tribes, and others, $1,155,894,000, to remain available until expended, of which $22,000 shall be available for transfer
to the Upper Colorado River Basin Fund and $5,551,000 shall
be available for transfer to the Lower Colorado River Basin Development Fund; of which such amounts as may be necessary may
be advanced to the Colorado River Dam Fund: Provided, That
such transfers may be increased or decreased within the overall
appropriation under this heading: Provided further, That of the
total appropriated, the amount for program activities that can be
financed by the Reclamation Fund or the Bureau of Reclamation
special fee account established by 16 U.S.C. 6806 shall be derived
from that Fund or account: Provided further, That funds contributed
under 43 U.S.C. 395 are available until expended for the purposes
for which the funds were contributed: Provided further, That funds
advanced under 43 U.S.C. 397a shall be credited to this account
and are available until expended for the same purposes as the
sums appropriated under this heading: Provided further, That of
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131 STAT. 308
PUBLIC LAW 115–31—MAY 5, 2017
the amounts provided herein, funds may be used for high-priority
projects which shall be carried out by the Youth Conservation
Corps, as authorized by 16 U.S.C. 1706.
CENTRAL VALLEY PROJECT RESTORATION FUND
For carrying out the programs, projects, plans, habitat restoration, improvement, and acquisition provisions of the Central Valley
Project Improvement Act, $55,606,000, to be derived from such
sums as may be collected in the Central Valley Project Restoration
Fund pursuant to sections 3407(d), 3404(c)(3), and 3405(f) of Public
Law 102–575, to remain available until expended: Provided, That
the Bureau of Reclamation is directed to assess and collect the
full amount of the additional mitigation and restoration payments
authorized by section 3407(d) of Public Law 102–575: Provided
further, That none of the funds made available under this heading
may be used for the acquisition or leasing of water for in-stream
purposes if the water is already committed to in-stream purposes
by a court adopted decree or order.
CALIFORNIA BAY-DELTA RESTORATION
(INCLUDING TRANSFERS OF FUNDS)
For carrying out activities authorized by the Water Supply,
Reliability, and Environmental Improvement Act, consistent with
plans to be approved by the Secretary of the Interior, $36,000,000,
to remain available until expended, of which such amounts as
may be necessary to carry out such activities may be transferred
to appropriate accounts of other participating Federal agencies to
carry out authorized purposes: Provided, That funds appropriated
herein may be used for the Federal share of the costs of CALFED
Program management: Provided further, That CALFED
implementation shall be carried out in a balanced manner with
clear performance measures demonstrating concurrent progress in
achieving the goals and objectives of the Program.
POLICY AND ADMINISTRATION
For expenses necessary for policy, administration, and related
functions in the Office of the Commissioner, the Denver office,
and offices in the five regions of the Bureau of Reclamation, to
remain available until September 30, 2018, $59,000,000, to be
derived from the Reclamation Fund and be nonreimbursable as
provided in 43 U.S.C. 377: Provided, That no part of any other
appropriation in this Act shall be available for activities or functions
budgeted as policy and administration expenses.
ADMINISTRATIVE PROVISION
Appropriations for the Bureau of Reclamation shall be available
for purchase of not to exceed five passenger motor vehicles, which
are for replacement only.
GENERAL PROVISIONS—DEPARTMENT OF THE INTERIOR
SEC. 201. (a) None of the funds provided in title II of this
Act for Water and Related Resources, or provided by previous
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 309
or subsequent appropriations Acts to the agencies or entities funded
in title II of this Act for Water and Related Resources that remain
available for obligation or expenditure in fiscal year 2017, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) initiates or creates a new program, project, or activity;
(2) eliminates a program, project, or activity;
(3) increases funds for any program, project, or activity
for which funds have been denied or restricted by this Act,
unless prior approval is received from the Committees on
Appropriations of the House of Representatives and the Senate;
(4) restarts or resumes any program, project or activity
for which funds are not provided in this Act, unless prior
approval is received from the Committees on Appropriations
of the House of Representatives and the Senate;
(5) transfers funds in excess of the following limits, unless
prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate:
(A) 15 percent for any program, project or activity
for which $2,000,000 or more is available at the beginning
of the fiscal year; or
(B) $400,000 for any program, project or activity for
which less than $2,000,000 is available at the beginning
of the fiscal year;
(6) transfers more than $500,000 from either the Facilities
Operation, Maintenance, and Rehabilitation category or the
Resources Management and Development category to any program, project, or activity in the other category, unless prior
approval is received from the Committees on Appropriations
of the House of Representatives and the Senate; or
(7) transfers, where necessary to discharge legal obligations
of the Bureau of Reclamation, more than $5,000,000 to provide
adequate funds for settled contractor claims, increased contractor earnings due to accelerated rates of operations, and
real estate deficiency judgments, unless prior approval is
received from the Committees on Appropriations of the House
of Representatives and the Senate.
(b) Subsection (a)(5) shall not apply to any transfer of funds
within the Facilities Operation, Maintenance, and Rehabilitation
category.
(c) For purposes of this section, the term transfer means any
movement of funds into or out of a program, project, or activity.
(d) The Bureau of Reclamation shall submit reports on a quarterly basis to the Committees on Appropriations of the House of
Representatives and the Senate detailing all the funds
reprogrammed between programs, projects, activities, or categories
of funding. The first quarterly report shall be submitted not later
than 60 days after the date of enactment of this Act.
SEC. 202. (a) None of the funds appropriated or otherwise
made available by this Act may be used to determine the final
point of discharge for the interceptor drain for the San Luis Unit
until development by the Secretary of the Interior and the State
of California of a plan, which shall conform to the water quality
standards of the State of California as approved by the Administrator of the Environmental Protection Agency, to minimize any
detrimental effect of the San Luis drainage waters.
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Definition.
Reports.
Deadlines.
Plan.
California.
PUBL031
131 STAT. 310
Reimbursement.
129 Stat. 2407.
PUBLIC LAW 115–31—MAY 5, 2017
(b) The costs of the Kesterson Reservoir Cleanup Program
and the costs of the San Joaquin Valley Drainage Program shall
be classified by the Secretary of the Interior as reimbursable or
nonreimbursable and collected until fully repaid pursuant to the
‘‘Cleanup Program—Alternative Repayment Plan’’ and the
‘‘SJVDP—Alternative Repayment Plan’’ described in the report entitled ‘‘Repayment Report, Kesterson Reservoir Cleanup Program
and San Joaquin Valley Drainage Program, February 1995’’, prepared by the Department of the Interior, Bureau of Reclamation.
Any future obligations of funds by the United States relating to,
or providing for, drainage service or drainage studies for the San
Luis Unit shall be fully reimbursable by San Luis Unit beneficiaries
of such service or studies pursuant to Federal reclamation law.
SEC. 203. Section 205(2) of division D of Public Law 114–
113 is amended by striking ‘‘2016’’ and inserting ‘‘2017’’.
TITLE III
DEPARTMENT OF ENERGY
ENERGY PROGRAMS
ENERGY EFFICIENCY
AND
RENEWABLE ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for energy efficiency and renewable energy
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $2,090,200,000,
to remain available until expended: Provided, That of such amount,
$153,500,000 shall be available until September 30, 2018, for program direction.
ELECTRICITY DELIVERY
AND
ENERGY RELIABILITY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for electricity delivery and energy reliability activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$230,000,000, to remain available until expended: Provided, That
of such amount, $28,500,000 shall be available until September
30, 2018, for program direction.
NUCLEAR ENERGY
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for nuclear energy activities in carrying
out the purposes of the Department of Energy Organization Act
(42 U.S.C. 7101 et seq.), including the acquisition or condemnation
of any real property or any facility or for plant or facility acquisition,
construction, or expansion and the purchase of no more than three
emergency service vehicles for replacement only, $1,016,616,000,
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 311
to remain available until expended: Provided, That of such amount,
$80,000,000 shall be available until September 30, 2018, for program direction.
FOSSIL ENERGY RESEARCH
AND
DEVELOPMENT
For Department of Energy expenses necessary in carrying out
fossil energy research and development activities, under the
authority of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition of interest, including defeasible and equitable interests in any real property or any facility
or for plant or facility acquisition or expansion, and for conducting
inquiries, technological investigations and research concerning the
extraction, processing, use, and disposal of mineral substances without objectionable social and environmental costs (30 U.S.C. 3, 1602,
and 1603), $618,000,000, to remain available until expended: Provided, That of such amount $60,000,000 shall be available until
September 30, 2018, for program direction: Provided further, That
in addition, $50,000,000, to remain available until expended, shall
be for the transformational coal technologies pilot program described
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
NAVAL PETROLEUM
AND
OIL SHALE RESERVES
For Department of Energy expenses necessary to carry out
naval petroleum and oil shale reserve activities, $14,950,000, to
remain available until expended: Provided, That notwithstanding
any other provision of law, unobligated funds remaining from prior
years shall be available for all naval petroleum and oil shale reserve
activities.
STRATEGIC PETROLEUM RESERVE
For Department of Energy expenses necessary for Strategic
Petroleum Reserve facility development and operations and program
management activities pursuant to the Energy Policy and Conservation Act (42 U.S.C. 6201 et seq.), $223,000,000, to remain available
until expended: Provided, That the proceeds from the drawdown
and sale under section 159 of the Continuing Appropriations Act,
2017 (division C of Public Law 114–223), as amended by the Further
Continuing and Security Assistance Appropriations Act, 2017
(Public Law 114–254), which have been or will be deposited into
the ‘‘Energy Security and Infrastructure Modernization Fund’’
during fiscal year 2017 shall be made available and shall remain
available until expended for necessary expenses in carrying out
the Life Extension II project for the Strategic Petroleum Reserve.
NORTHEAST HOME HEATING OIL RESERVE
For Department of Energy expenses necessary for Northeast
Home Heating Oil Reserve storage, operation, and management
activities pursuant to the Energy Policy and Conservation Act (42
U.S.C. 6201 et seq.), $6,500,000, to remain available until expended.
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131 STAT. 312
PUBLIC LAW 115–31—MAY 5, 2017
ENERGY INFORMATION ADMINISTRATION
For Department of Energy expenses necessary in carrying out
the activities of the Energy Information Administration,
$122,000,000, to remain available until expended.
NON-DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for non-defense environmental cleanup
activities in carrying out the purposes of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including the acquisition
or condemnation of any real property or any facility or for plant
or facility acquisition, construction, or expansion, $247,000,000, to
remain available until expended.
URANIUM ENRICHMENT DECONTAMINATION
FUND
AND
DECOMMISSIONING
For Department of Energy expenses necessary in carrying out
uranium enrichment facility decontamination and decommissioning,
remedial actions, and other activities of title II of the Atomic Energy
Act of 1954, and title X, subtitle A, of the Energy Policy Act
of 1992, $768,000,000, to be derived from the Uranium Enrichment
Decontamination and Decommissioning Fund, to remain available
until expended, of which $30,000,000 shall be available in accordance with title X, subtitle A, of the Energy Policy Act of 1992.
SCIENCE
For Department of Energy expenses including the purchase,
construction, and acquisition of plant and capital equipment, and
other expenses necessary for science activities in carrying out the
purposes of the Department of Energy Organization Act (42 U.S.C.
7101 et seq.), including the acquisition or condemnation of any
real property or facility or for plant or facility acquisition, construction, or expansion, and purchase of not more than 17 passenger
motor vehicles for replacement only, including one ambulance and
one bus, $5,392,000,000, to remain available until expended: Provided, That of such amount, $182,000,000 shall be available until
September 30, 2018, for program direction: Provided further, That
of such amount, $50,000,000 shall be available for the ongoing
in-kind contributions provided by facilities located in the United
States to the ITER project and related support activities carried
out by such facilities for the ITER project and, subject to the
notification requirement in section 301(e) of this Act, up to an
additional $50,000,000 of such amount may be made available
for in-kind contributions and related support activities of ITER.
ADVANCED RESEARCH PROJECTS AGENCY—ENERGY
For Department of Energy expenses necessary in carrying out
the activities authorized by section 5012 of the America COMPETES
Act (Public Law 110–69), $306,000,000, to remain available until
expended: Provided, That of such amount, $29,250,000 shall be
available until September 30, 2018, for program direction.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 313
TITLE 17 INNOVATIVE TECHNOLOGY LOAN GUARANTEE PROGRAM
Such sums as are derived from amounts received from borrowers pursuant to section 1702(b) of the Energy Policy Act of
2005 under this heading in prior Acts, shall be collected in accordance with section 502(7) of the Congressional Budget Act of 1974:
Provided, That for necessary administrative expenses to carry out
this Loan Guarantee program, $37,000,000 is appropriated from
fees collected in prior years pursuant to section 1702(h) of the
Energy Policy Act of 2005 which are not otherwise appropriated,
to remain available until September 30, 2018: Provided further,
That if the amount in the previous proviso is not available from
such fees, an amount for such purposes is also appropriated from
the general fund so as to result in a total amount appropriated
for such purpose of no more than $37,000,000: Provided further,
That fees collected pursuant to such section 1702(h) for fiscal year
2017 shall be credited as offsetting collections under this heading
and shall not be available until appropriated: Provided further,
That the Department of Energy shall not subordinate any loan
obligation to other financing in violation of section 1702 of the
Energy Policy Act of 2005 or subordinate any Guaranteed Obligation
to any loan or other debt obligations in violation of section 609.10
of title 10, Code of Federal Regulations.
ADVANCED TECHNOLOGY VEHICLES MANUFACTURING LOAN
PROGRAM
For Department of Energy administrative expenses necessary
in carrying out the Advanced Technology Vehicles Manufacturing
Loan Program, $5,000,000, to remain available until September
30, 2018.
TRIBAL ENERGY LOAN GUARANTEE PROGRAM
(INCLUDING RESCISSION OF FUNDS)
For the cost of loan guarantees provided under section 2602(c)
of the Energy Policy Act of 1992 (25 U.S.C. 3502(c)), $8,500,000,
to remain available until expended: Provided, That the cost of
those loan guarantees (including the costs of modifying loans, as
applicable) shall be determined in accordance with section 502
of the Congressional Budget Act of 1974 (2 U.S.C. 661a): Provided
further, That, for necessary administrative expenses to carry out
that program, $500,000 is appropriated, to remain available until
expended: Provided further, That, of the subsidy amounts provided
by section 1425 of the Department of Defense and Full-Year Continuing Appropriations Act, 2011 (Public Law 112–10; 125 Stat.
126), for the cost of loan guarantees for renewable energy or efficient
end-use energy technologies under section 1703 of the Energy Policy
Act of 2005 (42 U.S.C. 16513), $9,000,000 is hereby rescinded.
DEPARTMENTAL ADMINISTRATION
For salaries and expenses of the Department of Energy necessary for departmental administration in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), $246,000,000, to remain available until September 30,
2018, including the hire of passenger motor vehicles and official
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131 STAT. 314
PUBLIC LAW 115–31—MAY 5, 2017
reception and representation expenses not to exceed $30,000, plus
such additional amounts as necessary to cover increases in the
estimated amount of cost of work for others notwithstanding the
provisions of the Anti-Deficiency Act (31 U.S.C. 1511 et seq.): Provided, That such increases in cost of work are offset by revenue
increases of the same or greater amount: Provided further, That
moneys received by the Department for miscellaneous revenues
estimated to total $103,000,000 in fiscal year 2017 may be retained
and used for operating expenses within this account, as authorized
by section 201 of Public Law 95–238, notwithstanding the provisions
of 31 U.S.C. 3302: Provided further, That the sum herein appropriated shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2017 appropriation
from the general fund estimated at not more than $143,000,000:
Provided further, That the amount made available in the explanatory statement described in section 4 (in the matter preceding
division A of this consolidated Act) for the Office of Indian Energy
Policy and Program shall remain available until September 30,
2022.
OFFICE
OF THE INSPECTOR
GENERAL
For expenses necessary for the Office of the Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $44,424,000, to remain available until September 30, 2018.
ATOMIC ENERGY DEFENSE ACTIVITIES
NATIONAL NUCLEAR SECURITY ADMINISTRATION
WEAPONS ACTIVITIES
(INCLUDING RESCISSIONS OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for atomic energy defense
weapons activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$9,318,093,000, to remain available until expended: Provided, That
of such amount, $97,118,000 shall be available until September
30, 2018, for program direction: Provided further, That of the unobligated balances from prior year appropriations available under this
heading, $8,400,000 is hereby rescinded: Provided further, That
of the unobligated balances from prior year appropriations available
under this heading that were apportioned in Category C (defined
in section 120 of Office of Management and Budget Circular No.
A–11), $64,126,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 315
DEFENSE NUCLEAR NONPROLIFERATION
(INCLUDING RESCISSION OF FUNDS)
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other incidental expenses necessary for defense nuclear nonproliferation activities, in carrying out the purposes of the Department of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion,
$1,902,000,000, to remain available until expended: Provided, That
of the unobligated balances from prior year appropriations available
under this heading that were apportioned in Category C (defined
in section 120 of Office of Management and Budget Circular No.
A–11), $19,128,000 is hereby rescinded: Provided further, That no
amounts may be rescinded from amounts that were designated
by the Congress as an emergency requirement pursuant to a concurrent resolution on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985.
NAVAL REACTORS
(INCLUDING TRANSFER AND RESCISSION OF FUNDS)
For Department of Energy expenses necessary for naval reactors activities to carry out the Department of Energy Organization
Act (42 U.S.C. 7101 et seq.), including the acquisition (by purchase,
condemnation, construction, or otherwise) of real property, plant,
and capital equipment, facilities, and facility expansion,
$1,420,120,000, to remain available until expended, of which,
$75,100,000 shall be transferred to ‘‘Department of Energy—Energy
Programs—Nuclear Energy’’, for the Advanced Test Reactor: Provided, That of the amount provided under this heading, $44,100,000
shall be available until September 30, 2018, for program direction:
Provided further, That of the unobligated balances from prior year
appropriations available under this heading that were apportioned
in Category C (defined in section 120 of Office of Management
and Budget Circular No. A–11), $307,000 is hereby rescinded: Provided further, That no amounts may be rescinded from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
FEDERAL SALARIES
AND
EXPENSES
For expenses necessary for Federal Salaries and Expenses in
the National Nuclear Security Administration, $390,000,000, to
remain available until September 30, 2018, including official reception and representation expenses not to exceed $12,000.
ENVIRONMENTAL AND OTHER DEFENSE ACTIVITIES
DEFENSE ENVIRONMENTAL CLEANUP
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses necessary for atomic energy defense environmental
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131 STAT. 316
PUBLIC LAW 115–31—MAY 5, 2017
cleanup activities in carrying out the purposes of the Department
of Energy Organization Act (42 U.S.C. 7101 et seq.), including
the acquisition or condemnation of any real property or any facility
or for plant or facility acquisition, construction, or expansion, and
the purchase of not to exceed one fire apparatus pumper truck,
one aerial lift truck, one refuse truck, and one semi-truck for
replacement only, $5,405,000,000, to remain available until
expended: Provided, That of such amount, $290,050,000 shall be
available until September 30, 2018, for program direction: Provided
further, That of the amount provided under this heading,
$26,800,000 shall be available for the purpose of a payment by
the Secretary of Energy to the State of New Mexico for road
improvements in accordance with section 15(b) of the Waste Isolation Pilot Plant Land Withdrawal Act (Public Law 102–579): Provided further, That the amount made available by the previous
proviso shall be separate from any appropriations of funds for
the Waste Isolation Pilot Plant.
DEFENSE URANIUM ENRICHMENT DECONTAMINATION
DECOMMISSIONING
AND
(INCLUDING TRANSFER OF FUNDS)
For an additional amount for atomic energy defense environmental cleanup activities for Department of Energy contributions
for uranium enrichment decontamination and decommissioning
activities, $563,000,000, to be deposited into the Defense Environmental Cleanup account which shall be transferred to the ‘‘Uranium
Enrichment Decontamination and Decommissioning Fund’’.
OTHER DEFENSE ACTIVITIES
For Department of Energy expenses, including the purchase,
construction, and acquisition of plant and capital equipment and
other expenses, necessary for atomic energy defense, other defense
activities, and classified activities, in carrying out the purposes
of the Department of Energy Organization Act (42 U.S.C. 7101
et seq.), including the acquisition or condemnation of any real
property or any facility or for plant or facility acquisition, construction, or expansion, $784,000,000, to remain available until
expended: Provided, That of such amount, $254,230,000 shall be
available until September 30, 2018, for program direction.
POWER MARKETING ADMINISTRATIONS
BONNEVILLE POWER ADMINISTRATION FUND
Expenditures from the Bonneville Power Administration Fund,
established pursuant to Public Law 93–454, are approved for official
reception and representation expenses in an amount not to exceed
$5,000: Provided, That during fiscal year 2017, no new direct loan
obligations may be made.
OPERATION
AND
MAINTENANCE, SOUTHEASTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 317
including transmission wheeling and ancillary services, pursuant
to section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s),
as applied to the southeastern power area, $1,000,000, including
official reception and representation expenses in an amount not
to exceed $1,500, to remain available until expended: Provided,
That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood
Control Act of 1944, up to $1,000,000 collected by the Southeastern
Power Administration from the sale of power and related services
shall be credited to this account as discretionary offsetting collections, to remain available until expended for the sole purpose of
funding the annual expenses of the Southeastern Power Administration: Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2017 appropriation
estimated at not more than $0: Provided further, That notwithstanding 31 U.S.C. 3302, up to $60,760,000 collected by the Southeastern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
OPERATION
AND
MAINTENANCE, SOUTHWESTERN POWER
ADMINISTRATION
For expenses necessary for operation and maintenance of power
transmission facilities and for marketing electric power and energy,
for construction and acquisition of transmission lines, substations
and appurtenant facilities, and for administrative expenses,
including official reception and representation expenses in an
amount not to exceed $1,500 in carrying out section 5 of the Flood
Control Act of 1944 (16 U.S.C. 825s), as applied to the Southwestern
Power Administration, $45,643,000, to remain available until
expended: Provided, That notwithstanding 31 U.S.C. 3302 and section 5 of the Flood Control Act of 1944 (16 U.S.C. 825s), up to
$34,586,000 collected by the Southwestern Power Administration
from the sale of power and related services shall be credited to
this account as discretionary offsetting collections, to remain available until expended, for the sole purpose of funding the annual
expenses of the Southwestern Power Administration: Provided further, That the sum herein appropriated for annual expenses shall
be reduced as collections are received during the fiscal year so
as to result in a final fiscal year 2017 appropriation estimated
at not more than $11,057,000: Provided further, That notwithstanding 31 U.S.C. 3302, up to $73,000,000 collected by the Southwestern Power Administration pursuant to the Flood Control Act
of 1944 to recover purchase power and wheeling expenses shall
be credited to this account as offsetting collections, to remain available until expended for the sole purpose of making purchase power
and wheeling expenditures: Provided further, That for purposes
of this appropriation, annual expenses means expenditures that
are generally recovered in the same year that they are incurred
(excluding purchase power and wheeling expenses).
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131 STAT. 318
PUBLIC LAW 115–31—MAY 5, 2017
CONSTRUCTION, REHABILITATION, OPERATION AND MAINTENANCE,
WESTERN AREA POWER ADMINISTRATION
For carrying out the functions authorized by title III, section
302(a)(1)(E) of the Act of August 4, 1977 (42 U.S.C. 7152), and
other related activities including conservation and renewable
resources programs as authorized, $273,144,000, including official
reception and representation expenses in an amount not to exceed
$1,500, to remain available until expended, of which $265,742,000
shall be derived from the Department of the Interior Reclamation
Fund: Provided, That notwithstanding 31 U.S.C. 3302, section 5
of the Flood Control Act of 1944 (16 U.S.C. 825s), and section
1 of the Interior Department Appropriation Act, 1939 (43 U.S.C.
392a), up to $177,563,000 collected by the Western Area Power
Administration from the sale of power and related services shall
be credited to this account as discretionary offsetting collections,
to remain available until expended, for the sole purpose of funding
the annual expenses of the Western Area Power Administration:
Provided further, That the sum herein appropriated for annual
expenses shall be reduced as collections are received during the
fiscal year so as to result in a final fiscal year 2017 appropriation
estimated at not more than $95,581,000, of which $88,179,000 is
derived from the Reclamation Fund: Provided further, That notwithstanding 31 U.S.C. 3302, up to $367,009,000 collected by the
Western Area Power Administration pursuant to the Flood Control
Act of 1944 and the Reclamation Project Act of 1939 to recover
purchase power and wheeling expenses shall be credited to this
account as offsetting collections, to remain available until expended
for the sole purpose of making purchase power and wheeling
expenditures: Provided further, That for purposes of this appropriation, annual expenses means expenditures that are generally recovered in the same year that they are incurred (excluding purchase
power and wheeling expenses).
FALCON
AND
AMISTAD OPERATING
AND
MAINTENANCE FUND
For operation, maintenance, and emergency costs for the hydroelectric facilities at the Falcon and Amistad Dams, $4,070,000,
to remain available until expended, and to be derived from the
Falcon and Amistad Operating and Maintenance Fund of the
Western Area Power Administration, as provided in section 2 of
the Act of June 18, 1954 (68 Stat. 255): Provided, That notwithstanding the provisions of that Act and of 31 U.S.C. 3302, up
to $3,838,000 collected by the Western Area Power Administration
from the sale of power and related services from the Falcon and
Amistad Dams shall be credited to this account as discretionary
offsetting collections, to remain available until expended for the
sole purpose of funding the annual expenses of the hydroelectric
facilities of these Dams and associated Western Area Power
Administration activities: Provided further, That the sum herein
appropriated for annual expenses shall be reduced as collections
are received during the fiscal year so as to result in a final fiscal
year 2017 appropriation estimated at not more than $232,000:
Provided further, That for purposes of this appropriation, annual
expenses means expenditures that are generally recovered in the
same year that they are incurred: Provided further, That for fiscal
year 2017, the Administrator of the Western Area Power Administration may accept up to $323,000 in funds contributed by United
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 319
States power customers of the Falcon and Amistad Dams for deposit
into the Falcon and Amistad Operating and Maintenance Fund,
and such funds shall be available for the purpose for which contributed in like manner as if said sums had been specifically appropriated for such purpose: Provided further, That any such funds
shall be available without further appropriation and without fiscal
year limitation for use by the Commissioner of the United States
Section of the International Boundary and Water Commission for
the sole purpose of operating, maintaining, repairing, rehabilitating,
replacing, or upgrading the hydroelectric facilities at these Dams
in accordance with agreements reached between the Administrator,
Commissioner, and the power customers.
FEDERAL ENERGY REGULATORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Energy Regulatory
Commission to carry out the provisions of the Department of Energy
Organization Act (42 U.S.C. 7101 et seq.), including services as
authorized by 5 U.S.C. 3109, official reception and representation
expenses not to exceed $3,000, and the hire of passenger motor
vehicles, $346,800,000, to remain available until expended: Provided, That notwithstanding any other provision of law, not to
exceed $346,800,000 of revenues from fees and annual charges,
and other services and collections in fiscal year 2017 shall be
retained and used for expenses necessary in this account, and
shall remain available until expended: Provided further, That the
sum herein appropriated from the general fund shall be reduced
as revenues are received during fiscal year 2017 so as to result
in a final fiscal year 2017 appropriation from the general fund
estimated at not more than $0.
42 USC 7171
note.
GENERAL PROVISIONS—DEPARTMENT OF ENERGY
(INCLUDING TRANSFER AND RESCISSIONS OF FUNDS)
SEC. 301. (a) No appropriation, funds, or authority made available by this title for the Department of Energy shall be used
to initiate or resume any program, project, or activity or to prepare
or initiate Requests For Proposals or similar arrangements
(including Requests for Quotations, Requests for Information, and
Funding Opportunity Announcements) for a program, project, or
activity if the program, project, or activity has not been funded
by Congress.
(b)(1) Unless the Secretary of Energy notifies the Committees
on Appropriations of both Houses of Congress at least 3 full business
days in advance, none of the funds made available in this title
may be used to—
(A) make a grant allocation or discretionary grant award
totaling $1,000,000 or more;
(B) make a discretionary contract award or Other Transaction Agreement totaling $1,000,000 or more, including a contract covered by the Federal Acquisition Regulation;
(C) issue a letter of intent to make an allocation, award,
or Agreement in excess of the limits in subparagraph (A) or
(B); or
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Notifications.
Deadlines.
Grants.
Contracts.
Public
information.
PUBL031
131 STAT. 320
Deadlines.
Reports.
Contracts.
Waiver authority.
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PUBLIC LAW 115–31—MAY 5, 2017
(D) announce publicly the intention to make an allocation,
award, or Agreement in excess of the limits in subparagraph
(A) or (B).
(2) The Secretary of Energy shall submit to the Committees
on Appropriations of both Houses of Congress within 15 days of
the conclusion of each quarter a report detailing each grant allocation or discretionary grant award totaling less than $1,000,000
provided during the previous quarter.
(3) The notification required by paragraph (1) and the report
required by paragraph (2) shall include the recipient of the award,
the amount of the award, the fiscal year for which the funds
for the award were appropriated, the account and program, project,
or activity from which the funds are being drawn, the title of
the award, and a brief description of the activity for which the
award is made.
(c) The Department of Energy may not, with respect to any
program, project, or activity that uses budget authority made available in this title under the heading ‘‘Department of Energy—Energy
Programs’’, enter into a multiyear contract, award a multiyear
grant, or enter into a multiyear cooperative agreement unless—
(1) the contract, grant, or cooperative agreement is funded
for the full period of performance as anticipated at the time
of award; or
(2) the contract, grant, or cooperative agreement includes
a clause conditioning the Federal Government’s obligation on
the availability of future year budget authority and the Secretary notifies the Committees on Appropriations of both
Houses of Congress at least 3 days in advance.
(d) Except as provided in subsections (e), (f), and (g), the
amounts made available by this title shall be expended as authorized by law for the programs, projects, and activities specified
in the ‘‘Final Bill’’ column in the ‘‘Department of Energy’’ table
included under the heading ‘‘Title III—Department of Energy’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(e) The amounts made available by this title may be
reprogrammed for any program, project, or activity, and the Department shall notify the Committees on Appropriations of both Houses
of Congress at least 30 days prior to the use of any proposed
reprogramming that would cause any program, project, or activity
funding level to increase or decrease by more than $5,000,000
or 10 percent, whichever is less, during the time period covered
by this Act.
(f) None of the funds provided in this title shall be available
for obligation or expenditure through a reprogramming of funds
that—
(1) creates, initiates, or eliminates a program, project, or
activity;
(2) increases funds or personnel for any program, project,
or activity for which funds are denied or restricted by this
Act; or
(3) reduces funds that are directed to be used for a specific
program, project, or activity by this Act.
(g)(1) The Secretary of Energy may waive any requirement
or restriction in this section that applies to the use of funds made
available for the Department of Energy if compliance with such
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131 STAT. 321
requirement or restriction would pose a substantial risk to human
health, the environment, welfare, or national security.
(2) The Secretary of Energy shall notify the Committees on
Appropriations of both Houses of Congress of any waiver under
paragraph (1) as soon as practicable, but not later than 3 days
after the date of the activity to which a requirement or restriction
would otherwise have applied. Such notice shall include an explanation of the substantial risk under paragraph (1) that permitted
such waiver.
(h) The unexpended balances of prior appropriations provided
for activities in this Act may be available to the same appropriation
accounts for such activities established pursuant to this title. Available balances may be merged with funds in the applicable established accounts and thereafter may be accounted for as one fund
for the same time period as originally enacted.
SEC. 302. Funds appropriated by this or any other Act, or
made available by the transfer of funds in this Act, for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 3094) during fiscal year 2017 until the enactment of
the Intelligence Authorization Act for fiscal year 2017.
SEC. 303. None of the funds made available in this title shall
be used for the construction of facilities classified as high-hazard
nuclear facilities under 10 CFR Part 830 unless independent oversight is conducted by the Office of Enterprise Assessments to ensure
the project is in compliance with nuclear safety requirements.
SEC. 304. None of the funds made available in this title may
be used to approve critical decision-2 or critical decision-3 under
Department of Energy Order 413.3B, or any successive departmental guidance, for construction projects where the total project
cost exceeds $100,000,000, until a separate independent cost estimate has been developed for the project for that critical decision.
SEC. 305. (a) None of the funds made available in this or
any prior Act under the heading ‘‘Defense Nuclear Nonproliferation’’
may be made available to enter into new contracts with, or new
agreements for Federal assistance to, the Russian Federation.
(b) The Secretary of Energy may waive the prohibition in subsection (a) if the Secretary determines that such activity is in
the national security interests of the United States. This waiver
authority may not be delegated.
(c) A waiver under subsection (b) shall not be effective until
15 days after the date on which the Secretary submits to the
Committees on Appropriations of both Houses of Congress, in classified form if necessary, a report on the justification for the waiver.
SEC. 306. (a) NEW REGIONAL RESERVES.—The Secretary of
Energy may not establish any new regional petroleum product
reserve unless funding for the proposed regional petroleum product
reserve is explicitly requested in advance in an annual budget
submission and approved by the Congress in an appropriations
Act.
(b) The budget request or notification shall include—
(1) the justification for the new reserve;
(2) a cost estimate for the establishment, operation, and
maintenance of the reserve, including funding sources;
(3) a detailed plan for operation of the reserve, including
the conditions upon which the products may be released;
(4) the location of the reserve; and
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Cost estimate.
Contracts.
Russia.
Waiver authority.
Determination.
Reports.
Effective date.
Budget.
Cost estimate.
Plan.
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131 STAT. 322
Estimate.
PUBLIC LAW 115–31—MAY 5, 2017
(5) the estimate of the total inventory of the reserve.
SEC. 307. (a) Of the unobligated balances available from
amounts appropriated in the accounts and from the fiscal years
specified in the ‘‘Final Bill’’ column in the ‘‘Department of Energy—
Sec. 307.’’ table included under the heading ‘‘Title III—Department
of Energy’’ in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act),
$94,803,000 is hereby rescinded.
(b) No amounts may be rescinded under subsection (a) from
amounts that were designated by the Congress as an emergency
requirement pursuant to a concurrent resolution on the budget
or the Balanced Budget and Emergency Deficit Control Act of
1985.
SEC. 308. (a) From unobligated balances available from amounts
appropriated in prior fiscal years for ‘‘Department of Energy—
Energy Programs—Fossil Energy Research and Development’’,
$240,000,000 is hereby rescinded.
(b) No amounts may be rescinded by this section from amounts
that were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 309. Not to exceed $2,000,000, in aggregate, of the amounts
made available by this title may be made available for project
engineering and design of the Consolidated Emergency Operations
Center.
TITLE IV
INDEPENDENT AGENCIES
APPALACHIAN REGIONAL COMMISSION
For expenses necessary to carry out the programs authorized
by the Appalachian Regional Development Act of 1965, and for
expenses necessary for the Federal Co-Chairman and the Alternate
on the Appalachian Regional Commission, for payment of the Federal share of the administrative expenses of the Commission,
including services as authorized by 5 U.S.C. 3109, and hire of
passenger motor vehicles, $152,000,000, to remain available until
expended.
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SALARIES AND EXPENSES
For expenses necessary for the Defense Nuclear Facilities
Safety Board in carrying out activities authorized by the Atomic
Energy Act of 1954, as amended by Public Law 100–456, section
1441, $30,872,000, to remain available until September 30, 2018.
DELTA REGIONAL AUTHORITY
SALARIES AND EXPENSES
For expenses necessary for the Delta Regional Authority and
to carry out its activities, as authorized by the Delta Regional
Authority Act of 2000, notwithstanding sections 382C(b)(2), 382F(d),
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 323
382M, and 382N of said Act, $25,000,000, to remain available
until expended.
DENALI COMMISSION
For expenses necessary for the Denali Commission including
the purchase, construction, and acquisition of plant and capital
equipment as necessary and other expenses, $15,000,000, to remain
available until expended, notwithstanding the limitations contained
in section 306(g) of the Denali Commission Act of 1998: Provided,
That funds shall be available for construction projects in an amount
not to exceed 80 percent of total project cost for distressed communities, as defined by section 307 of the Denali Commission Act
of 1998 (division C, title III, Public Law 105–277), as amended
by section 701 of appendix D, title VII, Public Law 106–113 (113
Stat. 1501A–280), and an amount not to exceed 50 percent for
non-distressed communities: Provided further, That, notwithstanding any other provision of law regarding payment of a nonFederal share in connection with a grant-in-aid program, amounts
under this heading shall be available for the payment of such
a non-Federal share for programs undertaken to carry out the
purposes of the Commission.
NORTHERN BORDER REGIONAL COMMISSION
For expenses necessary for the Northern Border Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $10,000,000, to remain available
until expended: Provided, That such amounts shall be available
for administrative expenses, notwithstanding section 15751(b) of
title 40, United States Code.
SOUTHEAST CRESCENT REGIONAL COMMISSION
For expenses necessary for the Southeast Crescent Regional
Commission in carrying out activities authorized by subtitle V
of title 40, United States Code, $250,000, to remain available until
expended.
NUCLEAR REGULATORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Commission in carrying out
the purposes of the Energy Reorganization Act of 1974 and the
Atomic Energy Act of 1954, $905,000,000, including official representation expenses not to exceed $25,000, to remain available
until expended: Provided, That of the amount appropriated herein,
not more than $7,500,000 may be made available for salaries,
travel, and other support costs for the Office of the Commission,
to remain available until September 30, 2018, of which, notwithstanding section 201(a)(2)(c) of the Energy Reorganization Act of
1974 (42 U.S.C. 5841(a)(2)(c)), the use and expenditure shall only
be approved by a majority vote of the Commission: Provided further,
That revenues from licensing fees, inspection services, and other
services and collections estimated at $794,580,000 in fiscal year
2017 shall be retained and used for necessary salaries and expenses
in this account, notwithstanding 31 U.S.C. 3302, and shall remain
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131 STAT. 324
PUBLIC LAW 115–31—MAY 5, 2017
available until expended: Provided further, That of the amounts
appropriated under this heading, not less than $5,000,000 shall
be for activities related to the development of regulatory infrastructure for advanced nuclear reactor technologies, and $5,000,000 of
that amount shall not be available from fee revenues, notwithstanding 42 U.S.C. 2214: Provided further, That the sum herein
appropriated shall be reduced by the amount of revenues received
during fiscal year 2017 so as to result in a final fiscal year 2017
appropriation estimated at not more than $110,420,000: Provided
further, That of the amounts appropriated under this heading,
$10,000,000 shall be for university research and development in
areas relevant to the Commission’s mission, and $5,000,000 shall
be for a Nuclear Science and Engineering Grant Program that
will support multiyear projects that do not align with programmatic
missions but are critical to maintaining the discipline of nuclear
science and engineering.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $12,129,000, to remain available until September 30, 2018:
Provided, That revenues from licensing fees, inspection services,
and other services and collections estimated at $10,044,000 in fiscal
year 2017 shall be retained and be available until September 30,
2018, for necessary salaries and expenses in this account, notwithstanding section 3302 of title 31, United States Code: Provided
further, That the sum herein appropriated shall be reduced by
the amount of revenues received during fiscal year 2017 so as
to result in a final fiscal year 2017 appropriation estimated at
not more than $2,085,000: Provided further, That of the amounts
appropriated under this heading, $969,000 shall be for Inspector
General services for the Defense Nuclear Facilities Safety Board,
which shall not be available from fee revenues.
NUCLEAR WASTE TECHNICAL REVIEW BOARD
SALARIES AND EXPENSES
For expenses necessary for the Nuclear Waste Technical Review
Board, as authorized by Public Law 100–203, section 5051,
$3,600,000, to be derived from the Nuclear Waste Fund, to remain
available until September 30, 2018.
GENERAL PROVISIONS—INDEPENDENT AGENCIES
Compliance.
Notifications.
Time periods.
Reports.
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SEC. 401. The Nuclear Regulatory Commission shall comply
with the July 5, 2011, version of Chapter VI of its Internal Commission Procedures when responding to Congressional requests for
information.
SEC. 402. (a) The amounts made available by this title for
the Nuclear Regulatory Commission may be reprogrammed for any
program, project, or activity, and the Commission shall notify the
Committees on Appropriations of both Houses of Congress at least
30 days prior to the use of any proposed reprogramming that
would cause any program funding level to increase or decrease
by more than $500,000 or 10 percent, whichever is less, during
the time period covered by this Act.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 325
(b)(1) The Nuclear Regulatory Commission may waive the
notification requirement in subsection (a) if compliance with such
requirement would pose a substantial risk to human health, the
environment, welfare, or national security.
(2) The Nuclear Regulatory Commission shall notify the
Committees on Appropriations of both Houses of Congress of any
waiver under paragraph (1) as soon as practicable, but not later
than 3 days after the date of the activity to which a requirement
or restriction would otherwise have applied. Such notice shall
include an explanation of the substantial risk under paragraph
(1) that permitted such waiver and shall provide a detailed report
to the Committees of such waiver and changes to funding levels
to programs, projects, or activities.
(c) Except as provided in subsections (a), (b), and (d), the
amounts made available by this title for ‘‘Nuclear Regulatory
Commission—Salaries and Expenses’’ shall be expended as directed
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
(d) None of the funds provided for the Nuclear Regulatory
Commission shall be available for obligation or expenditure through
a reprogramming of funds that increases funds or personnel for
any program, project, or activity for which funds are denied or
restricted by this Act.
(e) The Commission shall provide a monthly report to the
Committees on Appropriations of both Houses of Congress, which
includes the following for each program, project, or activity,
including any prior year appropriations—
(1) total budget authority;
(2) total unobligated balances; and
(3) total unliquidated obligations.
Waiver authority.
TITLE V
GENERAL PROVISIONS
SEC. 501. None of the funds appropriated by this Act may
be used in any way, directly or indirectly, to influence congressional
action on any legislation or appropriation matters pending before
Congress, other than to communicate to Members of Congress as
described in 18 U.S.C. 1913.
SEC. 502. (a) None of the funds made available in title III
of this Act may be transferred to any department, agency, or
instrumentality of the United States Government, except pursuant
to a transfer made by or transfer authority provided in this Act
or any other appropriations Act for any fiscal year, transfer
authority referenced in the explanatory statement described in section 4 (in the matter preceding division A of this consolidated
Act), or any authority whereby a department, agency, or instrumentality of the United States Government may provide goods or services to another department, agency, or instrumentality.
(b) None of the funds made available for any department,
agency, or instrumentality of the United States Government may
be transferred to accounts funded in title III of this Act, except
pursuant to a transfer made by or transfer authority provided
in this Act or any other appropriations Act for any fiscal year,
transfer authority referenced in the explanatory statement
described in section 4 (in the matter preceding division A of this
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131 STAT. 326
PUBLIC LAW 115–31—MAY 5, 2017
consolidated Act), or any authority whereby a department, agency,
or instrumentality of the United States Government may provide
goods or services to another department, agency, or instrumentality.
(c) The head of any relevant department or agency funded
in this Act utilizing any transfer authority shall submit to the
Committees on Appropriations of both Houses of Congress a semiannual report detailing the transfer authorities, except for any
authority whereby a department, agency, or instrumentality of the
United States Government may provide goods or services to another
department, agency, or instrumentality, used in the previous 6
months and in the year-to-date. This report shall include the
amounts transferred and the purposes for which they were transferred, and shall not replace or modify existing notification requirements for each authority.
SEC. 503. None of the funds made available by this Act may
be used in contravention of Executive Order No. 12898 of February
11, 1994 (Federal Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations).
SEC. 504. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
This division may be cited as the ‘‘Energy and Water Development and Related Agencies Appropriations Act, 2017’’.
Reports.
Deadlines.
Pornography.
DIVISION E—FINANCIAL SERVICES AND GENERAL
GOVERNMENT APPROPRIATIONS ACT, 2017
Financial
Services and
General
Government
Appropriations
Act, 2017.
Department of
the Treasury
Appropriations
Act, 2017.
TITLE I
DEPARTMENT OF THE TREASURY
DEPARTMENTAL OFFICES
SALARIES AND EXPENSES
For necessary expenses of the Departmental Offices including
operation and maintenance of the Treasury Building and Freedman’s Bank Building; hire of passenger motor vehicles; maintenance, repairs, and improvements of, and purchase of commercial
insurance policies for, real properties leased or owned overseas,
when necessary for the performance of official business; executive
direction program activities; international affairs and economic
policy activities; domestic finance and tax policy activities, including
technical assistance to Puerto Rico; and Treasury-wide management
policies and programs activities, $224,376,000: Provided, That of
the amount appropriated under this heading—
(1) not to exceed $350,000 is for official reception and
representation expenses;
(2) not to exceed $258,000 is for unforeseen emergencies
of a confidential nature to be allocated and expended under
the direction of the Secretary of the Treasury and to be
accounted for solely on the Secretary’s certificate; and
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131 STAT. 327
(3) not to exceed $24,000,000 shall remain available until
September 30, 2018, for—
(A) the Treasury-wide Financial Statement Audit and
Internal Control Program;
(B) information technology modernization requirements;
(C) the audit, oversight, and administration of the
Gulf Coast Restoration Trust Fund;
(D) the development and implementation of programs
within the Office of Critical Infrastructure Protection and
Compliance Policy, including entering into cooperative
agreements; and
(E) international operations.
OFFICE OF TERRORISM AND FINANCIAL INTELLIGENCE
SALARIES AND EXPENSES
For the necessary expenses of the Office of Terrorism and
Financial Intelligence to safeguard the financial system against
illicit use and to combat rogue nations, terrorist facilitators,
weapons of mass destruction proliferators, money launderers, drug
kingpins, and other national security threats, $123,000,000: Provided, That of the amount appropriated under this heading: (1)
up to $28,000,000 may be transferred to the Departmental Offices
Salaries and Expenses appropriation and shall be available for
administrative support to the Office of Terrorism and Financial
Intelligence; and (2) $5,000,000, to remain available until September
30, 2018.
CYBERSECURITY ENHANCMENT ACCOUNT
For salaries and expenses for enhanced cybersecurity for systems operated by the Department of the Treasury, $47,743,000,
to remain available until September 30, 2019: Provided, That such
funds shall supplement and not supplant any other amounts made
available to the Treasury offices and bureaus for cybersecurity:
Provided further, That the Chief Information Officer of the individual offices and bureaus shall submit a spend plan for each
investment to the Treasury Chief Information Officer for approval:
Provided further, That the submitted spend plan shall be reviewed
and approved by the Treasury Chief Information Officer prior to
the obligation of funds under this heading: Provided further, That
of the total amount made available under this heading $1,000,000
shall be available for administrative expenses for the Treasury
Chief Information Officer to provide oversight of the investments
made under this heading: Provided further, That such funds shall
supplement and not supplant any other amounts made available
to the Treasury Chief Information Officer.
Spending plan.
Review.
DEPARTMENT-WIDE SYSTEMS AND CAPITAL INVESTMENTS PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For development and acquisition of automatic data processing
equipment, software, and services and for repairs and renovations
to buildings owned by the Department of the Treasury, $3,000,000,
to remain available until September 30, 2019: Provided, That these
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PUBLIC LAW 115–31—MAY 5, 2017
funds shall be transferred to accounts and in amounts as necessary
to satisfy the requirements of the Department’s offices, bureaus,
and other organizations: Provided further, That this transfer
authority shall be in addition to any other transfer authority provided in this Act: Provided further, That none of the funds appropriated under this heading shall be used to support or supplement
‘‘Internal Revenue Service, Operations Support’’ or ‘‘Internal Revenue Service, Business Systems Modernization’’.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$37,044,000, including hire of passenger motor vehicles; of which
not to exceed $100,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General of the Treasury; of which up
to $2,800,000 to remain available until September 30, 2018, shall
be for audits and investigations conducted pursuant to section 1608
of the Resources and Ecosystems Sustainability, Tourist Opportunities, and Revived Economies of the Gulf Coast States Act of 2012
(33 U.S.C. 1321 note); and of which not to exceed $1,000 shall
be available for official reception and representation expenses.
TREASURY INSPECTOR GENERAL FOR TAX ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Treasury Inspector General for
Tax Administration in carrying out the Inspector General Act of
1978, as amended, including purchase and hire of passenger motor
vehicles (31 U.S.C. 1343(b)); and services authorized by 5 U.S.C.
3109, at such rates as may be determined by the Inspector General
for Tax Administration; $169,634,000, of which $5,000,000 shall
remain available until September 30, 2018; of which not to exceed
$6,000,000 shall be available for official travel expenses; of which
not to exceed $500,000 shall be available for unforeseen emergencies
of a confidential nature, to be allocated and expended under the
direction of the Inspector General for Tax Administration; and
of which not to exceed $1,500 shall be available for official reception
and representation expenses.
SPECIAL INSPECTOR GENERAL FOR THE TROUBLED ASSET RELIEF
PROGRAM
SALARIES AND EXPENSES
For necessary expenses of the Office of the Special Inspector
General in carrying out the provisions of the Emergency Economic
Stabilization Act of 2008 (Public Law 110–343), $41,160,000.
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131 STAT. 329
FINANCIAL CRIMES ENFORCEMENT NETWORK
SALARIES AND EXPENSES
For necessary expenses of the Financial Crimes Enforcement
Network, including hire of passenger motor vehicles; travel and
training expenses of non-Federal and foreign government personnel
to attend meetings and training concerned with domestic and foreign financial intelligence activities, law enforcement, and financial
regulation; services authorized by 5 U.S.C. 3109; not to exceed
$10,000 for official reception and representation expenses; and for
assistance to Federal law enforcement agencies, with or without
reimbursement, $115,003,000, of which not to exceed $34,335,000
shall remain available until September 30, 2019.
TREASURY FORFEITURE FUND
(RESCISSION)
Of the unobligated balances available under this heading,
$1,115,000,000 are hereby rescinded not later than September 30,
2017, of which $314,000,000 are permanently rescinded.
BUREAU
OF THE
FISCAL SERVICE
SALARIES AND EXPENSES
For necessary expenses of operations of the Bureau of the
Fiscal Service, $353,057,000; of which not to exceed $4,210,000,
to remain available until September 30, 2019, is for information
systems modernization initiatives; and of which $5,000 shall be
available for official reception and representation expenses.
In addition, $165,000, to be derived from the Oil Spill Liability
Trust Fund to reimburse administrative and personnel expenses
for financial management of the Fund, as authorized by section
1012 of Public Law 101–380.
ALCOHOL
AND
TOBACCO TAX
AND
TRADE BUREAU
SALARIES AND EXPENSES
For necessary expenses of carrying out section 1111 of the
Homeland Security Act of 2002, including hire of passenger motor
vehicles, $111,439,000; of which not to exceed $6,000 for official
reception and representation expenses; not to exceed $50,000 for
cooperative research and development programs for laboratory services; and provision of laboratory assistance to State and local agencies with or without reimbursement: Provided, That of the amount
appropriated under this heading, $5,000,000 shall be for the costs
of accelerating the processing of formula and label applications:
Provided further, That of the amount appropriated under this
heading, $5,000,000, to remain available until September 30, 2018,
shall be for the costs associated with enforcement of the trade
practice provisions of the Federal Alcohol Administration Act (27
U.S.C. 201 et seq.).
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131 STAT. 330
PUBLIC LAW 115–31—MAY 5, 2017
UNITED STATES MINT
UNITED STATES MINT PUBLIC ENTERPRISE FUND
Pursuant to section 5136 of title 31, United States Code, the
United States Mint is provided funding through the United States
Mint Public Enterprise Fund for costs associated with the production of circulating coins, numismatic coins, and protective services,
including both operating expenses and capital investments: Provided, That the aggregate amount of new liabilities and obligations
incurred during fiscal year 2017 under such section 5136 for circulating coinage and protective service capital investments of the
United States Mint shall not exceed $30,000,000.
COMMUNITY DEVELOPMENT FINANCIAL INSTITUTIONS FUND
PROGRAM ACCOUNT
To carry out the Riegle Community Development and Regulatory Improvement Act of 1994 (subtitle A of title I of Public
Law 103–325), including services authorized by section 3109 of
title 5, United States Code, but at rates for individuals not to
exceed the per diem rate equivalent to the rate for EX–3,
$248,000,000. Of the amount appropriated under this heading—
(1) not less than $161,500,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)) with regard
to Small and/or Emerging Community Development Financial
Institutions Assistance awards, is available until September
30, 2018, for financial assistance and technical assistance under
subparagraphs (A) and (B) of section 108(a)(1), respectively,
of Public Law 103–325 (12 U.S.C. 4707(a)(1)(A) and (B)), of
which up to $2,882,500 may be used for the cost of direct
loans, and of which up to $3,000,000, notwithstanding subsection (d) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d)), may be available to provide financial assistance, technical assistance, training, and outreach to community development financial institutions to expand investments that benefit
individuals with disabilities: Provided, That the cost of direct
and guaranteed loans, including the cost of modifying such
loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are
available to subsidize gross obligations for the principal amount
of direct loans not to exceed $25,000,000;
(2) not less than $15,500,000, notwithstanding section
108(e) of Public Law 103–325 (12 U.S.C. 4707(e)), is available
until September 30, 2018, for financial assistance, technical
assistance, training and outreach programs designed to benefit
Native American, Native Hawaiian, and Alaska Native communities and provided primarily through qualified community
development lender organizations with experience and expertise
in community development banking and lending in Indian
country, Native American organizations, tribes and tribal
organizations, and other suitable providers;
(3) not less than $23,000,000 is available until September
30, 2018, for the Bank Enterprise Award program;
(4) not less than $22,000,000, notwithstanding subsections
(d) and (e) of section 108 of Public Law 103–325 (12 U.S.C.
4707(d) and (e)), is available until September 30, 2018, for
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131 STAT. 331
a Healthy Food Financing Initiative to provide financial assistance, technical assistance, training, and outreach to community
development financial institutions for the purpose of offering
affordable financing and technical assistance to expand the
availability of healthy food options in distressed communities;
(5) up to $26,000,000 is available until September 30, 2017,
for administrative expenses, including administration of CDFI
fund programs and the New Markets Tax Credit Program,
of which not less than $1,000,000 is for development of tools
to better assess and inform CDFI investment performance,
and up to $300,000 is for administrative expenses to carry
out the direct loan program; and
(6) during fiscal year 2017, none of the funds available
under this heading are available for the cost, as defined in
section 502 of the Congressional Budget Act of 1974, of commitments to guarantee bonds and notes under section 114A of
the Riegle Community Development and Regulatory Improvement Act of 1994 (12 U.S.C. 4713a): Provided, That commitments to guarantee bonds and notes under such section 114A
shall not exceed $500,000,000: Provided further, That such
section 114A shall remain in effect until September 30, 2017:
Provided further, That of the funds awarded under this heading,
not less than 10 percent shall be used for awards that support
investments that serve populations living in persistent poverty
counties: Provided further, That for purposes of this section,
the term ‘‘persistent poverty counties’’ means any county that
has had 20 percent or more of its population living in poverty
over the past 30 years, as measured by the 1990 and 2000
decennial censuses and the most recent series of 5-year data
available from the American Community Survey from the
Census Bureau.
Poverty.
Definition.
INTERNAL REVENUE SERVICE
TAXPAYER SERVICES
For necessary expenses of the Internal Revenue Service to
provide taxpayer services, including pre-filing assistance and education, filing and account services, taxpayer advocacy services, and
other services as authorized by 5 U.S.C. 3109, at such rates as
may be determined by the Commissioner, $2,156,554,000, of which
not less than $8,890,000 shall be for the Tax Counseling for the
Elderly Program, of which not less than $12,000,000 shall be available for low-income taxpayer clinic grants, and of which not less
than $15,000,000, to remain available until September 30, 2018,
shall be available for a Community Volunteer Income Tax Assistance matching grants program for tax return preparation assistance, of which not less than $206,000,000 shall be available for
operating expenses of the Taxpayer Advocate Service: Provided,
That of the amounts made available for the Taxpayer Advocate
Service, not less than $5,000,000 shall be for identity theft casework.
ENFORCEMENT
For necessary expenses for tax enforcement activities of the
Internal Revenue Service to determine and collect owed taxes, to
provide legal and litigation support, to conduct criminal investigations, to enforce criminal statutes related to violations of internal
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PUBLIC LAW 115–31—MAY 5, 2017
revenue laws and other financial crimes, to purchase and hire
passenger motor vehicles (31 U.S.C. 1343(b)), and to provide other
services as authorized by 5 U.S.C. 3109, at such rates as may
be determined by the Commissioner, $4,860,000,000, of which not
to exceed $50,000,000 shall remain available until September 30,
2018, and of which not less than $60,257,000 shall be for the
Interagency Crime and Drug Enforcement program.
OPERATIONS SUPPORT
Deadlines.
Reports.
For necessary expenses of the Internal Revenue Service to
support taxpayer services and enforcement programs, including rent
payments; facilities services; printing; postage; physical security;
headquarters and other IRS-wide administration activities; research
and statistics of income; telecommunications; information technology development, enhancement, operations, maintenance, and
security; the hire of passenger motor vehicles (31 U.S.C. 1343(b));
the operations of the Internal Revenue Service Oversight Board;
and other services as authorized by 5 U.S.C. 3109, at such rates
as may be determined by the Commissioner; $3,638,446,000, of
which not to exceed $50,000,000 shall remain available until September 30, 2018; of which not to exceed $10,000,000 shall remain
available until expended for acquisition of equipment and construction, repair and renovation of facilities; of which not to exceed
$1,000,000 shall remain available until September 30, 2019, for
research; of which not to exceed $20,000 shall be for official reception and representation expenses: Provided, That not later than
30 days after the end of each quarter, the Internal Revenue Service
shall submit a report to the Committees on Appropriations of the
House of Representatives and the Senate and the Comptroller General of the United States detailing the cost and schedule performance for its major information technology investments, including
the purpose and life-cycle stages of the investments; the reasons
for any cost and schedule variances; the risks of such investments
and strategies the Internal Revenue Service is using to mitigate
such risks; and the expected developmental milestones to be
achieved and costs to be incurred in the next quarter: Provided
further, That the Internal Revenue Service shall include, in its
budget justification for fiscal year 2018, a summary of cost and
schedule performance information for its major information technology systems.
BUSINESS SYSTEMS MODERNIZATION
Deadline.
Reports.
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For necessary expenses of the Internal Revenue Service’s business systems modernization program, $290,000,000, to remain available until September 30, 2019, for the capital asset acquisition
of information technology systems, including management and
related contractual costs of said acquisitions, including related
Internal Revenue Service labor costs, and contractual costs associated with operations authorized by 5 U.S.C. 3109: Provided, That
not later than 30 days after the end of each quarter, the Internal
Revenue Service shall submit a report to the Committees on Appropriations of the House of Representatives and the Senate and
the Comptroller General of the United States detailing the cost
and schedule performance for CADE 2 and Modernized e-File
information technology investments, including the purposes and
life-cycle stages of the investments; the reasons for any cost and
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131 STAT. 333
schedule variances; the risks of such investments and the strategies
the Internal Revenue Service is using to mitigate such risks; and
the expected developmental milestones to be achieved and costs
to be incurred in the next quarter.
ADMINISTRATIVE PROVISIONS—INTERNAL REVENUE SERVICE
(INCLUDING TRANSFERS OF FUNDS)
SEC. 101. Not to exceed 5 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to any other Internal Revenue Service appropriation upon
the advance approval of the Committees on Appropriations.
SEC. 102. The Internal Revenue Service shall maintain an
employee training program, which shall include the following topics:
taxpayers’ rights, dealing courteously with taxpayers, cross-cultural
relations, ethics, and the impartial application of tax law.
SEC. 103. The Internal Revenue Service shall institute and
enforce policies and procedures that will safeguard the confidentiality of taxpayer information and protect taxpayers against
identity theft.
SEC. 104. Funds made available by this or any other Act to
the Internal Revenue Service shall be available for improved facilities and increased staffing to provide sufficient and effective 1–
800 help line service for taxpayers. The Commissioner shall continue to make improvements to the Internal Revenue Service 1–
800 help line service a priority and allocate resources necessary
to enhance the response time to taxpayer communications, particularly with regard to victims of tax-related crimes.
SEC. 105. None of the funds made available to the Internal
Revenue Service by this Act may be used to make a video unless
the Service-Wide Video Editorial Board determines in advance that
making the video is appropriate, taking into account the cost, topic,
tone, and purpose of the video.
SEC. 106. The Internal Revenue Service shall issue a notice
of confirmation of any address change relating to an employer
making employment tax payments, and such notice shall be sent
to both the employer’s former and new address and an officer
or employee of the Internal Revenue Service shall give special
consideration to an offer-in-compromise from a taxpayer who has
been the victim of fraud by a third party payroll tax preparer.
SEC. 107. None of the funds made available under this Act
may be used by the Internal Revenue Service to target citizens
of the United States for exercising any right guaranteed under
the First Amendment to the Constitution of the United States.
SEC. 108. None of the funds made available in this Act may
be used by the Internal Revenue Service to target groups for regulatory scrutiny based on their ideological beliefs.
SEC. 109. None of funds made available by this Act to the
Internal Revenue Service shall be obligated or expended on conferences that do not adhere to the procedures, verification processes,
documentation requirements, and policies issued by the Chief
Financial Officer, Human Capital Office, and Agency-Wide Shared
Services as a result of the recommendations in the report published
on May 31, 2013, by the Treasury Inspector General for Tax
Administration entitled ‘‘Review of the August 2010 Small Business/
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Procedures.
Identity theft.
Video.
Determination.
Notice.
Ideological
beliefs.
PUBL031
131 STAT. 334
Spending plan.
PUBLIC LAW 115–31—MAY 5, 2017
Self-Employed Division’s Conference in Anaheim, California’’ (Reference Number 2013–10–037).
SEC. 110. None of the funds made available in this Act to
the Internal Revenue Service may be obligated or expended—
(1) to make a payment to any employee under a bonus,
award, or recognition program; or
(2) under any hiring or personnel selection process with
respect to re-hiring a former employee, unless such program
or process takes into account the conduct and Federal tax
compliance of such employee or former employee.
SEC. 111. None of the funds made available by this Act may
be used in contravention of section 6103 of the Internal Revenue
Code of 1986 (relating to confidentiality and disclosure of returns
and return information).
SEC. 112. Except to the extent provided in section 6014, 6020,
or 6201(d) of the Internal Revenue Code of 1986, no funds in
this or any other Act shall be available to the Secretary of the
Treasury to provide to any person a proposed final return or statement for use by such person to satisfy a filing or reporting requirement under such Code.
SEC. 113. In addition to the amounts otherwise made available
in this Act for the Internal Revenue Service, $290,000,000, to be
available until September 30, 2018, shall be transferred by the
Commissioner to the ‘‘Taxpayer Services’’, ‘‘Enforcement’’, or ‘‘Operations Support’’ accounts of the Internal Revenue Service for an
additional amount to be used solely for measurable improvements
in the customer service representative level of service rate, to
improve the identification and prevention of refund fraud and
identity theft, and to enhance cybersecurity to safeguard taxpayer
data: Provided, That such funds shall supplement, not supplant
any other amounts made available by the Internal Revenue Service
for such purpose: Provided further, That such funds shall not be
available until the Commissioner submits to the Committees on
Appropriations of the House of Representatives and the Senate
a spending plan for such funds: Provided further, That such funds
shall not be used to support any provision of Public Law 111–
148, Public Law 111–152, or any amendment made by either such
Public Law.
ADMINISTRATIVE PROVISIONS—DEPARTMENT
OF THE
TREASURY
(INCLUDING TRANSFERS OF FUNDS)
SEC. 114. Appropriations to the Department of the Treasury
in this Act shall be available for uniforms or allowances therefor,
as authorized by law (5 U.S.C. 5901), including maintenance,
repairs, and cleaning; purchase of insurance for official motor
vehicles operated in foreign countries; purchase of motor vehicles
without regard to the general purchase price limitations for vehicles
purchased and used overseas for the current fiscal year; entering
into contracts with the Department of State for the furnishing
of health and medical services to employees and their dependents
serving in foreign countries; and services authorized by 5 U.S.C.
3109.
SEC. 115. Not to exceed 2 percent of any appropriations in
this title made available under the headings ‘‘Departmental
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 335
Offices—Salaries and Expenses’’, ‘‘Office of Inspector General’’, ‘‘Special Inspector General for the Troubled Asset Relief Program’’,
‘‘Financial Crimes Enforcement Network’’, ‘‘Bureau of the Fiscal
Service’’, and ‘‘Alcohol and Tobacco Tax and Trade Bureau’’ may
be transferred between such appropriations upon the advance
approval of the Committees on Appropriations of the House of
Representatives and the Senate: Provided, That no transfer under
this section may increase or decrease any such appropriation by
more than 2 percent.
SEC. 116. Not to exceed 2 percent of any appropriation made
available in this Act to the Internal Revenue Service may be transferred to the Treasury Inspector General for Tax Administration’s
appropriation upon the advance approval of the Committees on
Appropriations of the House of Representatives and the Senate:
Provided, That no transfer may increase or decrease any such
appropriation by more than 2 percent.
SEC. 117. None of the funds appropriated in this Act or otherwise available to the Department of the Treasury or the Bureau
of Engraving and Printing may be used to redesign the $1 Federal
Reserve note.
SEC. 118. The Secretary of the Treasury may transfer funds
from the ‘‘Bureau of the Fiscal Service-Salaries and Expenses’’
to the Debt Collection Fund as necessary to cover the costs of
debt collection: Provided, That such amounts shall be reimbursed
to such salaries and expenses account from debt collections received
in the Debt Collection Fund.
SEC. 119. None of the funds appropriated or otherwise made
available by this or any other Act may be used by the United
States Mint to construct or operate any museum without the explicit
approval of the Committees on Appropriations of the House of
Representatives and the Senate, the House Committee on Financial
Services, and the Senate Committee on Banking, Housing, and
Urban Affairs.
SEC. 120. None of the funds appropriated or otherwise made
available by this or any other Act or source to the Department
of the Treasury, the Bureau of Engraving and Printing, and the
United States Mint, individually or collectively, may be used to
consolidate any or all functions of the Bureau of Engraving and
Printing and the United States Mint without the explicit approval
of the House Committee on Financial Services; the Senate Committee on Banking, Housing, and Urban Affairs; and the Committees on Appropriations of the House of Representatives and the
Senate.
SEC. 121. Funds appropriated by this Act, or made available
by the transfer of funds in this Act, for the Department of the
Treasury’s intelligence or intelligence related activities are deemed
to be specifically authorized by the Congress for purposes of section
504 of the National Security Act of 1947 (50 U.S.C. 414) during
fiscal year 2017 until the enactment of the Intelligence Authorization Act for Fiscal Year 2017.
SEC. 122. Not to exceed $5,000 shall be made available from
the Bureau of Engraving and Printing’s Industrial Revolving Fund
for necessary official reception and representation expenses.
SEC. 123. The Secretary of the Treasury shall submit a Capital
Investment Plan to the Committees on Appropriations of the Senate
and the House of Representatives not later than 30 days following
the submission of the annual budget submitted by the President:
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Reimbursement.
Investment plan.
Deadline.
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131 STAT. 336
Deadline.
Reports.
Consultation.
Reports.
Deadline.
Time period.
Applicability.
Deadline.
Time period.
Reports.
Estimate.
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PUBLIC LAW 115–31—MAY 5, 2017
Provided, That such Capital Investment Plan shall include capital
investment spending from all accounts within the Department of
the Treasury, including but not limited to the Department-wide
Systems and Capital Investment Programs account, Treasury Franchise Fund account, and the Treasury Forfeiture Fund account:
Provided further, That such Capital Investment Plan shall include
expenditures occurring in previous fiscal years for each capital
investment project that has not been fully completed.
SEC. 124. Within 45 days after the date of enactment of this
Act, the Secretary of the Treasury shall submit an itemized report
to the Committees on Appropriations of the House of Representatives and the Senate on the amount of total funds charged to
each office by the Franchise Fund including the amount charged
for each service provided by the Franchise Fund to each office,
a detailed description of the services, a detailed explanation of
how each charge for each service is calculated, and a description
of the role customers have in governing in the Franchise Fund.
SEC. 125. The Secretary of the Treasury, in consultation with
the appropriate agencies, departments, bureaus, and commissions
that have expertise in terrorism and complex financial instruments,
shall provide a report to the Committees on Appropriations of
the House of Representatives and Senate, the Committee on Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate not later
than 90 days after the date of enactment of this Act on economic
warfare and financial terrorism.
SEC. 126. During fiscal year 2017—
(1) none of the funds made available in this or any other
Act may be used by the Department of the Treasury, including
the Internal Revenue Service, to issue, revise, or finalize any
regulation, revenue ruling, or other guidance not limited to
a particular taxpayer relating to the standard which is used
to determine whether an organization is operated exclusively
for the promotion of social welfare for purposes of section
501(c)(4) of the Internal Revenue Code of 1986 (including the
proposed regulations published at 78 Fed. Reg. 71535
(November 29, 2013)); and
(2) the standard and definitions as in effect on January
1, 2010, which are used to make such determinations shall
apply after the date of the enactment of this Act for purposes
of determining status under section 501(c)(4) of such Code
of organizations created on, before, or after such date.
SEC. 127. (a) Not later than 60 days after the end of each
quarter, the Office of Financial Stability and the Office of Financial
Research shall submit reports on their activities to the Committees
on Appropriations of the House of Representatives and the Senate,
the Committee on Financial Services of the House of Representatives and the Senate Committee on Banking, Housing, and Urban
Affairs.
(b) The reports required under subsection (a) shall include—
(1) the obligations made during the previous quarter by
object class, office, and activity;
(2) the estimated obligations for the remainder of the fiscal
year by object class, office, and activity;
(3) the number of full-time equivalents within each office
during the previous quarter;
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 337
(4) the estimated number of full-time equivalents within
each office for the remainder of the fiscal year; and
(5) actions taken to achieve the goals, objectives, and
performance measures of each office.
(c) At the request of any such Committees specified in subsection (a), the Office of Financial Stability and the Office of Financial Research shall make officials available to testify on the contents
of the reports required under subsection (a).
This title may be cited as the ‘‘Department of the Treasury
Appropriations Act, 2017’’.
TITLE II
Estimate.
Testimony.
Executive Office
of the President
Appropriations
Act, 2017.
EXECUTIVE OFFICE OF THE PRESIDENT AND FUNDS
APPROPRIATED TO THE PRESIDENT
THE WHITE HOUSE
SALARIES AND EXPENSES
For necessary expenses for the White House as authorized
by law, including not to exceed $3,850,000 for services as authorized
by 5 U.S.C. 3109 and 3 U.S.C. 105; subsistence expenses as authorized by 3 U.S.C. 105, which shall be expended and accounted
for as provided in that section; hire of passenger motor vehicles,
and travel (not to exceed $100,000 to be expended and accounted
for as provided by 3 U.S.C. 103); and not to exceed $19,000 for
official reception and representation expenses, to be available for
allocation within the Executive Office of the President; and for
necessary expenses of the Office of Policy Development, including
services as authorized by 5 U.S.C. 3109 and 3 U.S.C. 107,
$55,214,000.
EXECUTIVE RESIDENCE
AT THE
WHITE HOUSE
OPERATING EXPENSES
For necessary expenses of the Executive Residence at the White
House, $12,723,000, to be expended and accounted for as provided
by 3 U.S.C. 105, 109, 110, and 112–114.
REIMBURSABLE EXPENSES
For the reimbursable expenses of the Executive Residence at
the White House, such sums as may be necessary: Provided, That
all reimbursable operating expenses of the Executive Residence
shall be made in accordance with the provisions of this paragraph:
Provided further, That, notwithstanding any other provision of law,
such amount for reimbursable operating expenses shall be the exclusive authority of the Executive Residence to incur obligations and
to receive offsetting collections, for such expenses: Provided further,
That the Executive Residence shall require each person sponsoring
a reimbursable political event to pay in advance an amount equal
to the estimated cost of the event, and all such advance payments
shall be credited to this account and remain available until
expended: Provided further, That the Executive Residence shall
require the national committee of the political party of the President
to maintain on deposit $25,000, to be separately accounted for
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PUBL031
131 STAT. 338
Notification.
Deadlines.
Reports.
Deadline.
Records.
PUBLIC LAW 115–31—MAY 5, 2017
and available for expenses relating to reimbursable political events
sponsored by such committee during such fiscal year: Provided
further, That the Executive Residence shall ensure that a written
notice of any amount owed for a reimbursable operating expense
under this paragraph is submitted to the person owing such amount
within 60 days after such expense is incurred, and that such amount
is collected within 30 days after the submission of such notice:
Provided further, That the Executive Residence shall charge interest
and assess penalties and other charges on any such amount that
is not reimbursed within such 30 days, in accordance with the
interest and penalty provisions applicable to an outstanding debt
on a United States Government claim under 31 U.S.C. 3717: Provided further, That each such amount that is reimbursed, and
any accompanying interest and charges, shall be deposited in the
Treasury as miscellaneous receipts: Provided further, That the
Executive Residence shall prepare and submit to the Committees
on Appropriations, by not later than 90 days after the end of
the fiscal year covered by this Act, a report setting forth the
reimbursable operating expenses of the Executive Residence during
the preceding fiscal year, including the total amount of such
expenses, the amount of such total that consists of reimbursable
official and ceremonial events, the amount of such total that consists
of reimbursable political events, and the portion of each such
amount that has been reimbursed as of the date of the report:
Provided further, That the Executive Residence shall maintain a
system for the tracking of expenses related to reimbursable events
within the Executive Residence that includes a standard for the
classification of any such expense as political or nonpolitical: Provided further, That no provision of this paragraph may be construed
to exempt the Executive Residence from any other applicable
requirement of subchapter I or II of chapter 37 of title 31, United
States Code.
WHITE HOUSE REPAIR
AND
RESTORATION
For the repair, alteration, and improvement of the Executive
Residence at the White House pursuant to 3 U.S.C. 105(d),
$750,000, to remain available until expended, for required maintenance, resolution of safety and health issues, and continued
preventative maintenance.
COUNCIL
OF
ECONOMIC ADVISERS
SALARIES AND EXPENSES
For necessary expenses of the Council of Economic Advisers
in carrying out its functions under the Employment Act of 1946
(15 U.S.C. 1021 et seq.), $4,201,000.
NATIONAL SECURITY COUNCIL
AND
HOMELAND SECURITY COUNCIL
SALARIES AND EXPENSES
For necessary expenses of the National Security Council and
the Homeland Security Council, including services as authorized
by 5 U.S.C. 3109, $12,000,000.
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PUBLIC LAW 115–31—MAY 5, 2017
OFFICE
OF
131 STAT. 339
ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses of the Office of Administration,
including services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
107, and hire of passenger motor vehicles, $96,116,000, of which
not to exceed $12,760,000 shall remain available until expended
for continued modernization of information resources within the
Executive Office of the President: Provided, That in addition,
$4,925,000, shall remain available until September 30, 2018, for
additional security improvements.
PRESIDENTIAL TRANSITION ADMINISTRATIVE SUPPORT
(INCLUDING TRANSFER OF FUNDS)
For expenses of the Office of Administration to carry out the
Presidential Transition Act of 1963, as amended, and similar
expenses, in addition to amounts otherwise appropriated by law,
$7,582,000: Provided, That such funds may be transferred to other
accounts that provide funding for offices within the Executive Office
of the President and the Office of the Vice President in this Act
or any other Act, to carry out such purposes.
OFFICE
OF
MANAGEMENT
AND
BUDGET
SALARIES AND EXPENSES
For necessary expenses of the Office of Management and
Budget, including hire of passenger motor vehicles and services
as authorized by 5 U.S.C. 3109, to carry out the provisions of
chapter 35 of title 44, United States Code, and to prepare and
submit the budget of the United States Government, in accordance
with section 1105(a) of title 31, United States Code, $95,000,000,
of which not to exceed $3,000 shall be available for official representation expenses: Provided, That none of the funds appropriated
in this Act for the Office of Management and Budget may be
used for the purpose of reviewing any agricultural marketing orders
or any activities or regulations under the provisions of the Agricultural Marketing Agreement Act of 1937 (7 U.S.C. 601 et seq.):
Provided further, That none of the funds made available for the
Office of Management and Budget by this Act may be expended
for the altering of the transcript of actual testimony of witnesses,
except for testimony of officials of the Office of Management and
Budget, before the Committees on Appropriations or their subcommittees: Provided further, That of the funds made available
for the Office of Management and Budget by this Act, no less
than three full-time equivalent senior staff position shall be dedicated solely to the Office of the Intellectual Property Enforcement
Coordinator: Provided further, That none of the funds provided
in this or prior Acts shall be used, directly or indirectly, by the
Office of Management and Budget, for evaluating or determining
if water resource project or study reports submitted by the Chief
of Engineers acting through the Secretary of the Army are in
compliance with all applicable laws, regulations, and requirements
relevant to the Civil Works water resource planning process: Provided further, That the Office of Management and Budget shall
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Time period.
Reviews.
PUBL031
131 STAT. 340
PUBLIC LAW 115–31—MAY 5, 2017
have not more than 60 days in which to perform budgetary policy
reviews of water resource matters on which the Chief of Engineers
has reported: Provided further, That the Director of the Office
of Management and Budget shall notify the appropriate authorizing
and appropriating committees when the 60-day review is initiated:
Provided further, That if water resource reports have not been
transmitted to the appropriate authorizing and appropriating
committees within 15 days after the end of the Office of Management and Budget review period based on the notification from
the Director, Congress shall assume Office of Management and
Budget concurrence with the report and act accordingly.
Notification.
Reports.
Deadline.
OFFICE
OF
NATIONAL DRUG CONTROL POLICY
SALARIES AND EXPENSES
For necessary expenses of the Office of National Drug Control
Policy; for research activities pursuant to the Office of National
Drug Control Policy Reauthorization Act of 2006 (Public Law 109–
469); not to exceed $10,000 for official reception and representation
expenses; and for participation in joint projects or in the provision
of services on matters of mutual interest with nonprofit, research,
or public organizations or agencies, with or without reimbursement,
$19,274,000: Provided, That the Office is authorized to accept, hold,
administer, and utilize gifts, both real and personal, public and
private, without fiscal year limitation, for the purpose of aiding
or facilitating the work of the Office.
21 USC 1702
note.
FEDERAL DRUG CONTROL PROGRAMS
HIGH INTENSITY DRUG TRAFFICKING AREAS PROGRAM
(INCLUDING TRANSFERS OF FUNDS)
Deadline.
Submission.
Notification.
Deadlines.
Determination.
Consultation.
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For necessary expenses of the Office of National Drug Control
Policy’s High Intensity Drug Trafficking Areas Program,
$254,000,000, to remain available until September 30, 2018, for
drug control activities consistent with the approved strategy for
each of the designated High Intensity Drug Trafficking Areas
(‘‘HIDTAs’’), of which not less than 51 percent shall be transferred
to State and local entities for drug control activities and shall
be obligated not later than 120 days after enactment of this Act:
Provided, That up to 49 percent may be transferred to Federal
agencies and departments in amounts determined by the Director
of the Office of National Drug Control Policy, of which up to
$2,700,000 may be used for auditing services and associated activities: Provided further, That, notwithstanding the requirements of
Public Law 106–58, any unexpended funds obligated prior to fiscal
year 2015 may be used for any other approved activities of that
HIDTA, subject to reprogramming requirements: Provided further,
That each HIDTA designated as of September 30, 2016, shall be
funded at not less than the fiscal year 2016 base level, unless
the Director submits to the Committees on Appropriations of the
House of Representatives and the Senate justification for changes
to those levels based on clearly articulated priorities and published
Office of National Drug Control Policy performance measures of
effectiveness: Provided further, That the Director shall notify the
Committees on Appropriations of the initial allocation of fiscal
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year 2017 funding among HIDTAs not later than 45 days after
enactment of this Act, and shall notify the Committees of planned
uses of discretionary HIDTA funding, as determined in consultation
with the HIDTA Directors, not later than 90 days after enactment
of this Act: Provided further, That upon a determination that all
or part of the funds so transferred from this appropriation are
not necessary for the purposes provided herein and upon notification
to the Committees on Appropriations of the House of Representatives and the Senate, such amounts may be transferred back to
this appropriation.
Determination.
Notification.
OTHER FEDERAL DRUG CONTROL PROGRAMS
(INCLUDING TRANSFERS OF FUNDS)
For other drug control activities authorized by the Office of
National Drug Control Policy Reauthorization Act of 2006 (Public
Law 109–469), $111,871,000, to remain available until expended,
which shall be available as follows: $97,000,000 for the Drug-Free
Communities Program, of which $2,000,000 shall be made available
as directed by section 4 of Public Law 107–82, as amended by
Public Law 109–469 (21 U.S.C. 1521 note); $2,000,000 for drug
court training and technical assistance; $9,500,000 for anti-doping
activities; $2,121,000 for the United States membership dues to
the World Anti-Doping Agency; and $1,250,000 shall be made available as directed by section 1105 of Public Law 109–469; and an
additional $3,000,000, to remain available until expended, shall
be for activities authorized by section 103 of Public Law 114–
198: Provided, That amounts made available under this heading
may be transferred to other Federal departments and agencies
to carry out such activities.
UNANTICIPATED NEEDS
For expenses necessary to enable the President to meet
unanticipated needs, in furtherance of the national interest, security, or defense which may arise at home or abroad during the
current fiscal year, as authorized by 3 U.S.C. 108, $800,000, to
remain available until September 30, 2018.
INFORMATION TECHNOLOGY OVERSIGHT
AND
REFORM
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for the furtherance of integrated, efficient, secure, and effective uses of information technology in the
Federal Government, $27,000,000, to remain available until
expended: Provided, That the Director of the Office of Management
and Budget may transfer these funds to one or more other agencies
to carry out projects to meet these purposes.
SPECIAL ASSISTANCE
TO THE
PRESIDENT
SALARIES AND EXPENSES
For necessary expenses to enable the Vice President to provide
assistance to the President in connection with specially assigned
functions; services as authorized by 5 U.S.C. 3109 and 3 U.S.C.
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106, including subsistence expenses as authorized by 3 U.S.C. 106,
which shall be expended and accounted for as provided in that
section; and hire of passenger motor vehicles, $4,228,000.
OFFICIAL RESIDENCE
OF THE
VICE PRESIDENT
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For the care, operation, refurnishing, improvement, and to the
extent not otherwise provided for, heating and lighting, including
electric power and fixtures, of the official residence of the Vice
President; the hire of passenger motor vehicles; and not to exceed
$90,000 pursuant to 3 U.S.C. 106(b)(2), $299,000: Provided, That
advances, repayments, or transfers from this appropriation may
be made to any department or agency for expenses of carrying
out such activities.
ADMINISTRATIVE PROVISIONS—EXECUTIVE OFFICE OF THE
PRESIDENT AND FUNDS APPROPRIATED TO THE PRESIDENT
(INCLUDING TRANSFER OF FUNDS)
Deadline.
Reports.
Estimates.
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SEC. 201. From funds made available in this Act under the
headings ‘‘The White House’’, ‘‘Executive Residence at the White
House’’, ‘‘White House Repair and Restoration’’, ‘‘Council of Economic Advisers’’, ‘‘National Security Council and Homeland Security
Council’’, ‘‘Office of Administration’’, ‘‘Special Assistance to the
President’’, and ‘‘Official Residence of the Vice President’’, the
Director of the Office of Management and Budget (or such other
officer as the President may designate in writing), may, with
advance approval of the Committees on Appropriations of the House
of Representatives and the Senate, transfer not to exceed 10 percent
of any such appropriation to any other such appropriation, to be
merged with and available for the same time and for the same
purposes as the appropriation to which transferred: Provided, That
the amount of an appropriation shall not be increased by more
than 50 percent by such transfers: Provided further, That no amount
shall be transferred from ‘‘Special Assistance to the President’’
or ‘‘Official Residence of the Vice President’’ without the approval
of the Vice President.
SEC. 202. Within 90 days after the date of enactment of this
section, the Director of the Office of Management and Budget shall
submit a report to the Committees on Appropriations of the House
of Representatives and the Senate on the costs of implementing
the Dodd-Frank Wall Street Reform and Consumer Protection Act
(Public Law 111–203). Such report shall include—
(1) the estimated mandatory and discretionary obligations
of funds through fiscal year 2019, by Federal agency and by
fiscal year, including—
(A) the estimated obligations by cost inputs such as
rent, information technology, contracts, and personnel;
(B) the methodology and data sources used to calculate
such estimated obligations; and
(C) the specific section of such Act that requires the
obligation of funds; and
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PUBLIC LAW 115–31—MAY 5, 2017
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(2) the estimated receipts through fiscal year 2019 from
assessments, user fees, and other fees by the Federal agency
making the collections, by fiscal year, including—
(A) the methodology and data sources used to calculate
such estimated collections; and
(B) the specific section of such Act that authorizes
the collection of funds.
SEC. 203. (a) During fiscal year 2017, any Executive order
or Presidential memorandum issued or revoked by the President
shall be accompanied by a written statement from the Director
of the Office of Management and Budget on the budgetary impact,
including costs, benefits, and revenues, of such order or memorandum.
(b) Any such statement shall include—
(1) a narrative summary of the budgetary impact of such
order or memorandum on the Federal Government;
(2) the impact on mandatory and discretionary obligations
and outlays as the result of such order or memorandum, listed
by Federal agency, for each year in the 5-fiscal-year period
beginning in fiscal year 2017; and
(3) the impact on revenues of the Federal Government
as the result of such order or memorandum over the 5-fiscalyear period beginning in fiscal year 2017.
(c) If an Executive order or Presidential memorandum is issued
during fiscal year 2017 due to a national emergency, the Director
of the Office of Management and Budget may issue the statement
required by subsection (a) not later than 15 days after the date
that such order or memorandum is issued.
(d) The requirement for cost estimates for Presidential memoranda shall only apply for Presidential memoranda estimated to
have a regulatory cost in excess of $100,000,000.
This title may be cited as the ‘‘Executive Office of the President
Appropriations Act, 2017’’.
TITLE III
OF THE
Deadline.
Applicability.
Judiciary
Appropriations
Act, 2017.
THE JUDICIARY
SUPREME COURT
Time periods.
Budget impact
statement.
UNITED STATES
SALARIES AND EXPENSES
For expenses necessary for the operation of the Supreme Court,
as required by law, excluding care of the building and grounds,
including hire of passenger motor vehicles as authorized by 31
U.S.C. 1343 and 1344; not to exceed $10,000 for official reception
and representation expenses; and for miscellaneous expenses, to
be expended as the Chief Justice may approve, $76,668,000, of
which $1,500,000 shall remain available until expended.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief justice and
associate justices of the court.
CARE OF THE BUILDING AND GROUNDS
For such expenditures as may be necessary to enable the
Architect of the Capitol to carry out the duties imposed upon
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PUBLIC LAW 115–31—MAY 5, 2017
the Architect by 40 U.S.C. 6111 and 6112, $14,868,000, to remain
available until expended.
UNITED STATES COURT
OF
APPEALS
FOR THE
FEDERAL CIRCUIT
SALARIES AND EXPENSES
For salaries of officers and employees, and for necessary
expenses of the court, as authorized by law, $30,108,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.
UNITED STATES COURT
OF INTERNATIONAL
TRADE
SALARIES AND EXPENSES
For salaries of officers and employees of the court, services,
and necessary expenses of the court, as authorized by law,
$18,462,000.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of the chief judge and
judges of the court.
COURTS
OF
APPEALS, DISTRICT COURTS,
SERVICES
AND
OTHER JUDICIAL
SALARIES AND EXPENSES
For the salaries of judges of the United States Court of Federal
Claims, magistrate judges, and all other officers and employees
of the Federal Judiciary not otherwise specifically provided for,
necessary expenses of the courts, and the purchase, rental, repair,
and cleaning of uniforms for Probation and Pretrial Services Office
staff, as authorized by law, $4,996,445,000 (including the purchase
of firearms and ammunition); of which not to exceed $27,817,000
shall remain available until expended for space alteration projects
and for furniture and furnishings related to new space alteration
and construction projects.
In addition, there are appropriated such sums as may be necessary under current law for the salaries of circuit and district
judges (including judges of the territorial courts of the United
States), bankruptcy judges, and justices and judges retired from
office or from regular active service.
In addition, for expenses of the United States Court of Federal
Claims associated with processing cases under the National Childhood Vaccine Injury Act of 1986 (Public Law 99–660), not to exceed
$6,510,000, to be appropriated from the Vaccine Injury Compensation Trust Fund.
DEFENDER SERVICES
For the operation of Federal Defender organizations; the compensation and reimbursement of expenses of attorneys appointed
to represent persons under 18 U.S.C. 3006A and 3599, and for
the compensation and reimbursement of expenses of persons furnishing investigative, expert, and other services for such representations as authorized by law; the compensation (in accordance with
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the maximums under 18 U.S.C. 3006A) and reimbursement of
expenses of attorneys appointed to assist the court in criminal
cases where the defendant has waived representation by counsel;
the compensation and reimbursement of expenses of attorneys
appointed to represent jurors in civil actions for the protection
of their employment, as authorized by 28 U.S.C. 1875(d)(1); the
compensation and reimbursement of expenses of attorneys
appointed under 18 U.S.C. 983(b)(1) in connection with certain
judicial civil forfeiture proceedings; the compensation and
reimbursement of travel expenses of guardians ad litem appointed
under 18 U.S.C. 4100(b); and for necessary training and general
administrative expenses, $1,044,647,000 to remain available until
expended.
FEES OF JURORS AND COMMISSIONERS
For fees and expenses of jurors as authorized by 28 U.S.C.
1871 and 1876; compensation of jury commissioners as authorized
by 28 U.S.C. 1863; and compensation of commissioners appointed
in condemnation cases pursuant to rule 71.1(h) of the Federal
Rules of Civil Procedure (28 U.S.C. Appendix Rule 71.1(h)),
$39,929,000, to remain available until expended: Provided, That
the compensation of land commissioners shall not exceed the daily
equivalent of the highest rate payable under 5 U.S.C. 5332.
COURT SECURITY
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses, not otherwise provided for, incident
to the provision of protective guard services for United States
courthouses and other facilities housing Federal court operations,
and the procurement, installation, and maintenance of security
systems and equipment for United States courthouses and other
facilities housing Federal court operations, including building
ingress-egress control, inspection of mail and packages, directed
security patrols, perimeter security, basic security services provided
by the Federal Protective Service, and other similar activities as
authorized by section 1010 of the Judicial Improvement and Access
to Justice Act (Public Law 100–702), $565,388,000, of which not
to exceed $20,000,000 shall remain available until expended, to
be expended directly or transferred to the United States Marshals
Service, which shall be responsible for administering the Judicial
Facility Security Program consistent with standards or guidelines
agreed to by the Director of the Administrative Office of the United
States Courts and the Attorney General.
ADMINISTRATIVE OFFICE
OF THE
UNITED STATES COURTS
SALARIES AND EXPENSES
For necessary expenses of the Administrative Office of the
United States Courts as authorized by law, including travel as
authorized by 31 U.S.C. 1345, hire of a passenger motor vehicle
as authorized by 31 U.S.C. 1343(b), advertising and rent in the
District of Columbia and elsewhere, $87,500,000, of which not to
exceed $8,500 is authorized for official reception and representation
expenses.
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PUBLIC LAW 115–31—MAY 5, 2017
FEDERAL JUDICIAL CENTER
SALARIES AND EXPENSES
For necessary expenses of the Federal Judicial Center, as
authorized by Public Law 90–219, $28,335,000; of which $1,800,000
shall remain available through September 30, 2018, to provide
education and training to Federal court personnel; and of which
not to exceed $1,500 is authorized for official reception and representation expenses.
UNITED STATES SENTENCING COMMISSION
SALARIES AND EXPENSES
For the salaries and expenses necessary to carry out the provisions of chapter 58 of title 28, United States Code, $18,100,000,
of which not to exceed $1,000 is authorized for official reception
and representation expenses.
ADMINISTRATIVE PROVISIONS—THE JUDICIARY
(INCLUDING TRANSFER OF FUNDS)
Applicability.
Reimbursement.
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SEC. 301. Appropriations and authorizations made in this title
which are available for salaries and expenses shall be available
for services as authorized by 5 U.S.C. 3109.
SEC. 302. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Judiciary in this Act
may be transferred between such appropriations, but no such appropriation, except ‘‘Courts of Appeals, District Courts, and Other
Judicial Services, Defender Services’’ and ‘‘Courts of Appeals, District Courts, and Other Judicial Services, Fees of Jurors and
Commissioners’’, shall be increased by more than 10 percent by
any such transfers: Provided, That any transfer pursuant to this
section shall be treated as a reprogramming of funds under sections
604 and 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in section 608.
SEC. 303. Notwithstanding any other provision of law, the
salaries and expenses appropriation for ‘‘Courts of Appeals, District
Courts, and Other Judicial Services’’ shall be available for official
reception and representation expenses of the Judicial Conference
of the United States: Provided, That such available funds shall
not exceed $11,000 and shall be administered by the Director of
the Administrative Office of the United States Courts in the capacity
as Secretary of the Judicial Conference.
SEC. 304. Section 3314(a) of title 40, United States Code, shall
be applied by substituting ‘‘Federal’’ for ‘‘executive’’ each place it
appears.
SEC. 305. In accordance with 28 U.S.C. 561–569, and notwithstanding any other provision of law, the United States Marshals
Service shall provide, for such courthouses as its Director may
designate in consultation with the Director of the Administrative
Office of the United States Courts, for purposes of a pilot program,
the security services that 40 U.S.C. 1315 authorizes the Department
of Homeland Security to provide, except for the services specified
in 40 U.S.C. 1315(b)(2)(E). For building-specific security services
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at these courthouses, the Director of the Administrative Office
of the United States Courts shall reimburse the United States
Marshals Service rather than the Department of Homeland Security.
SEC. 306. (a) Section 203(c) of the Judicial Improvements Act
of 1990 (Public Law 101–650; 28 U.S.C. 133 note), is amended
in the second sentence (relating to the District of Kansas) following
paragraph (12), by striking ‘‘25 years and 6 months’’ and inserting
‘‘26 years and 6 months’’.
(b) Section 406 of the Transportation, Treasury, Housing and
Urban Development, the Judiciary, the District of Columbia, and
Independent Agencies Appropriations Act, 2006 (Public Law 109–
115; 119 Stat. 2470; 28 U.S.C. 133 note) is amended in the second
sentence (relating to the eastern District of Missouri) by striking
‘‘23 years and 6 months’’ and inserting ‘‘24 years and 6 months’’.
(c) Section 312(c)(2) of the 21st Century Department of Justice
Appropriations Authorization Act (Public Law 107–273; 28 U.S.C.
133 note), is amended—
(1) in the first sentence by striking ‘‘14 years’’ and inserting
‘‘15 years’’;
(2) in the second sentence (relating to the central District
of California), by striking ‘‘13 years and 6 months’’ and inserting
‘‘14 years and 6 months’’; and
(3) in the third sentence (relating to the western district
of North Carolina), by striking ‘‘12 years’’ and inserting ‘‘13
years’’.
SEC. 307. (a) Section 2(a)(2)(A) of the Temporary Bankruptcy
Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law
112–121) is amended by striking ‘‘subparagraphs (B), (C), (D), and
(E)’’ and inserting ‘‘subparagraphs (B), (C), (D), (E), (F), (G), and
(H)’’.
(b) Section 2(a)(2) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121)
is amended by adding at the end the following:
‘‘(F) EASTERN DISTRICT OF MICHIGAN.—The 1st vacancy
in the office of a bankruptcy judge for the eastern district
of Michigan—
‘‘(i) occurring 6 years or more after the date of
the enactment of this Act, and
‘‘(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be
filled.
‘‘(G) DISTRICT OF PUERTO RICO.—The 1st vacancy in
the office of a bankruptcy judge for the district of Puerto
Rico—
‘‘(i) occurring 6 years or more after the date of
the enactment of this Act, and
‘‘(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be
filled.
‘‘(H) EASTERN DISTRICT OF VIRGINIA.—The 1st vacancy
in the office of a bankruptcy judge for the eastern district
of Virginia—
‘‘(i) occurring 6 years or more after the date of
the enactment of this Act, and
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PUBLIC LAW 115–31—MAY 5, 2017
‘‘(ii) resulting from the death, retirement, resignation, or removal of a bankruptcy judge, shall not be
filled.’’.
(c) Section 2(a)(2)(C) of the Temporary Bankruptcy Judgeships
Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–121)
is amended—
(1) by redesignating clauses (i) and (ii) as clauses (ii) and
(iii), respectively;
(2) by inserting before clause (ii), as so redesignated, the
following:
‘‘(i) in the case of the 1st and 2d vacancies, occurring more than 6 years after the date of the enactment
of this Act,’’; and
(3) in clause (ii), as so redesignated, by inserting ‘‘in the
case of the 3d and 4th vacancies,’’ before ‘‘occurring more than
5 years’’.
(d) Section 2(a)(2)(D)(i) of the Temporary Bankruptcy Judgeships Extension Act of 2012 (28 U.S.C. 152 note; Public Law 112–
121) is amended (with regard to the 1st and 2d vacancies in the
southern district of Florida) by striking ‘‘5 years’’ and inserting
‘‘6 years’’.
This title may be cited as the ‘‘Judiciary Appropriations Act,
2017’’.
TITLE IV
District of
Columbia
Appropriations
Act, 2017.
DISTRICT OF COLUMBIA
FEDERAL FUNDS
FEDERAL PAYMENT FOR RESIDENT TUITION SUPPORT
Reports.
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For a Federal payment to the District of Columbia, to be
deposited into a dedicated account, for a nationwide program to
be administered by the Mayor, for District of Columbia resident
tuition support, $40,000,000, to remain available until expended:
Provided, That such funds, including any interest accrued thereon,
may be used on behalf of eligible District of Columbia residents
to pay an amount based upon the difference between in-State and
out-of-State tuition at public institutions of higher education, or
to pay up to $2,500 each year at eligible private institutions of
higher education: Provided further, That the awarding of such funds
may be prioritized on the basis of a resident’s academic merit,
the income and need of eligible students and such other factors
as may be authorized: Provided further, That the District of
Columbia government shall maintain a dedicated account for the
Resident Tuition Support Program that shall consist of the Federal
funds appropriated to the Program in this Act and any subsequent
appropriations, any unobligated balances from prior fiscal years,
and any interest earned in this or any fiscal year: Provided further,
That the account shall be under the control of the District of
Columbia Chief Financial Officer, who shall use those funds solely
for the purposes of carrying out the Resident Tuition Support Program: Provided further, That the Office of the Chief Financial
Officer shall provide a quarterly financial report to the Committees
on Appropriations of the House of Representatives and the Senate
for these funds showing, by object class, the expenditures made
and the purpose therefor.
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FEDERAL PAYMENT FOR EMERGENCY PLANNING AND SECURITY COSTS
IN THE DISTRICT OF COLUMBIA
For a Federal payment of necessary expenses, as determined
by the Mayor of the District of Columbia in written consultation
with the elected county or city officials of surrounding jurisdictions,
$34,895,000, to remain available until expended, for the costs of
providing public safety at events related to the presence of the
National Capital in the District of Columbia, including support
requested by the Director of the United States Secret Service in
carrying out protective duties under the direction of the Secretary
of Homeland Security, and for the costs of providing support to
respond to immediate and specific terrorist threats or attacks in
the District of Columbia or surrounding jurisdictions: Provided,
That, of the amount provided under this heading, $19,995,000 shall
be used for costs associated with the Presidential Inauguration.
Determination.
Consultation.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA COURTS
For salaries and expenses for the District of Columbia Courts,
$274,611,000 to be allocated as follows: for the District of Columbia
Court of Appeals, $14,359,000, of which not to exceed $2,500 is
for official reception and representation expenses; for the Superior
Court of the District of Columbia, $125,380,000, of which not to
exceed $2,500 is for official reception and representation expenses;
for the District of Columbia Court System, $75,184,000, of which
not to exceed $2,500 is for official reception and representation
expenses; and $59,688,000, to remain available until September
30, 2018, for capital improvements for District of Columbia courthouse facilities: Provided, That funds made available for capital
improvements shall be expended consistent with the District of
Columbia Courts master plan study and facilities condition assessment: Provided further, That notwithstanding any other provision
of law, all amounts under this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries
and expenses of other Federal agencies: Provided further, That
30 days after providing written notice to the Committees on Appropriations of the House of Representatives and the Senate, the
District of Columbia Courts may reallocate not more than
$6,000,000 of the funds provided under this heading among the
items and entities funded under this heading: Provided further,
That the Joint Committee on Judicial Administration in the District
of Columbia may, by regulation, establish a program substantially
similar to the program set forth in subchapter II of chapter 35
of title 5, United States Code, for employees of the District of
Columbia Courts.
Time period.
Deadline.
Notification.
Regulations.
FEDERAL PAYMENT FOR DEFENDER SERVICES IN DISTRICT OF
COLUMBIA COURTS
For payments authorized under section 11–2604 and section
11–2605, D.C. Official Code (relating to representation provided
under the District of Columbia Criminal Justice Act), payments
for counsel appointed in proceedings in the Family Court of the
Superior Court of the District of Columbia under chapter 23 of
title 16, D.C. Official Code, or pursuant to contractual agreements
to provide guardian ad litem representation, training, technical
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Time period.
PUBLIC LAW 115–31—MAY 5, 2017
assistance, and such other services as are necessary to improve
the quality of guardian ad litem representation, payments for
counsel appointed in adoption proceedings under chapter 3 of title
16, D.C. Official Code, and payments authorized under section
21–2060, D.C. Official Code (relating to services provided under
the District of Columbia Guardianship, Protective Proceedings, and
Durable Power of Attorney Act of 1986), $49,890,000, to remain
available until expended: Provided, That funds provided under this
heading shall be administered by the Joint Committee on Judicial
Administration in the District of Columbia: Provided further, That,
notwithstanding any other provision of law, this appropriation shall
be apportioned quarterly by the Office of Management and Budget
and obligated and expended in the same manner as funds appropriated for expenses of other Federal agencies.
FEDERAL PAYMENT TO THE COURT SERVICES AND OFFENDER
SUPERVISION AGENCY FOR THE DISTRICT OF COLUMBIA
Time period.
For salaries and expenses, including the transfer and hire
of motor vehicles, of the Court Services and Offender Supervision
Agency for the District of Columbia, as authorized by the National
Capital Revitalization and Self-Government Improvement Act of
1997, $248,008,000, of which not to exceed $2,000 is for official
reception and representation expenses related to Community Supervision and Pretrial Services Agency programs, of which not to
exceed $25,000 is for dues and assessments relating to the
implementation of the Court Services and Offender Supervision
Agency Interstate Supervision Act of 2002; of which $182,721,000
shall be for necessary expenses of Community Supervision and
Sex Offender Registration, to include expenses relating to the supervision of adults subject to protection orders or the provision of
services for or related to such persons; and of which $65,287,000
shall be available to the Pretrial Services Agency, of which up
to $1,800,000 shall remain available until September 30, 2018,
for information technology requirements associated with the
establishment of a comprehensive in-house synthetics testing program: Provided, That notwithstanding any other provision of law,
all amounts under this heading shall be apportioned quarterly
by the Office of Management and Budget and obligated and
expended in the same manner as funds appropriated for salaries
and expenses of other Federal agencies: Provided further, That
amounts under this heading may be used for programmatic incentives for defendants to successfully complete their terms of supervision.
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA PUBLIC DEFENDER
SERVICE
Time period.
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For salaries and expenses, including the transfer and hire
of motor vehicles, of the District of Columbia Public Defender
Service, as authorized by the National Capital Revitalization and
Self-Government Improvement Act of 1997, $41,829,000: Provided,
That notwithstanding any other provision of law, all amounts under
this heading shall be apportioned quarterly by the Office of Management and Budget and obligated and expended in the same manner
as funds appropriated for salaries and expenses of Federal agencies.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 351
FEDERAL PAYMENT TO THE DISTRICT OF COLUMBIA WATER AND
SEWER AUTHORITY
For a Federal payment to the District of Columbia Water
and Sewer Authority, $14,000,000, to remain available until
expended, to continue implementation of the Combined Sewer Overflow Long-Term Plan: Provided, That the District of Columbia Water
and Sewer Authority provides a 100 percent match for this payment.
FEDERAL PAYMENT TO THE CRIMINAL JUSTICE COORDINATING
COUNCIL
For a Federal payment to the Criminal Justice Coordinating
Council, $2,000,000, to remain available until expended, to support
initiatives related to the coordination of Federal and local criminal
justice resources in the District of Columbia.
FEDERAL PAYMENT FOR JUDICIAL COMMISSIONS
For a Federal payment, to remain available until September
30, 2018, to the Commission on Judicial Disabilities and Tenure,
$310,000, and for the Judicial Nomination Commission, $275,000.
FEDERAL PAYMENT FOR SCHOOL IMPROVEMENT
For a Federal payment for a school improvement program
in the District of Columbia, $45,000,000, to remain available until
expended, for payments authorized under the Scholarship for Opportunity and Results Act (division C of Public Law 112–10): Provided,
That, to the extent that funds are available for opportunity scholarships and following the priorities included in section 3006 of such
Act, the Secretary of Education shall make scholarships available
to students eligible under section 3013(3) of such Act (Public Law
112–10; 125 Stat. 211) including students who were not offered
a scholarship during any previous school year: Provided further,
That within funds provided for opportunity scholarships $3,200,000
shall be for the activities specified in sections 3007(b) through
3007(d) and 3009 of the Act.
FEDERAL PAYMENT FOR THE DISTRICT OF COLUMBIA NATIONAL GUARD
For a Federal payment to the District of Columbia National
Guard, $450,000, to remain available until expended for the Major
General David F. Wherley, Jr. District of Columbia National Guard
Retention and College Access Program.
FEDERAL PAYMENT FOR TESTING AND TREATMENT OF HIV/AIDS
For a Federal payment to the District of Columbia for the
testing of individuals for, and the treatment of individuals with,
human immunodeficiency virus and acquired immunodeficiency syndrome in the District of Columbia, $5,000,000.
DISTRICT
OF
COLUMBIA FUNDS
Local funds are appropriated for the District of Columbia for
the current fiscal year out of the General Fund of the District
of Columbia (‘‘General Fund’’) for programs and activities set forth
under the heading ‘‘Part A—Summary of Expenses’’ and at the
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131 STAT. 352
Compliance.
PUBLIC LAW 115–31—MAY 5, 2017
rate set forth under such heading, as included in D.C. Bill 21–
668, as amended as of the date of the enactment of this Act:
Provided, That notwithstanding any other provision of law, except
as provided in section 450A of the District of Columbia Home
Rule Act (section 1–204.50a, D.C. Official Code), sections 816 and
817 of the Financial Services and General Government Appropriations Act, 2009 (secs. 47–369.01 and 47–369.02, D.C. Official Code),
and provisions of this Act, the total amount appropriated in this
Act for operating expenses for the District of Columbia for fiscal
year 2017 under this heading shall not exceed the estimates
included in D.C. Bill 21–668, as amended as of the date of the
enactment of this Act, or the sum of the total revenues of the
District of Columbia for such fiscal year: Provided further, That
the amount appropriated may be increased by proceeds of onetime transactions, which are expended for emergency or unanticipated operating or capital needs: Provided further, That such
increases shall be approved by enactment of local District law
and shall comply with all reserve requirements contained in the
District of Columbia Home Rule Act: Provided further, That the
Chief Financial Officer of the District of Columbia shall take such
steps as are necessary to assure that the District of Columbia
meets these requirements, including the apportioning by the Chief
Financial Officer of the appropriations and funds made available
to the District during fiscal year 2017, except that the Chief Financial Officer may not reprogram for operating expenses any funds
derived from bonds, notes, or other obligations issued for capital
projects.
This title may be cited as the ‘‘District of Columbia Appropriations Act, 2017’’.
TITLE V
INDEPENDENT AGENCIES
ADMINISTRATIVE CONFERENCE
OF THE
UNITED STATES
SALARIES AND EXPENSES
For necessary expenses of the Administrative Conference of
the United States, authorized by 5 U.S.C. 591 et seq., $3,100,000,
to remain available until September 30, 2018, of which not to
exceed $1,000 is for official reception and representation expenses.
COMMODITY FUTURES TRADING COMMISSION
For necessary expenses to carry out the provisions of the Commodity Exchange Act (7 U.S.C. 1 et seq.), including the purchase
and hire of passenger motor vehicles, and the rental of space (to
include multiple year leases), in the District of Columbia and elsewhere, $250,000,000, including not to exceed $3,000 for official
reception and representation expenses, and not to exceed $25,000
for the expenses for consultations and meetings hosted by the
Commission with foreign governmental and other regulatory officials, of which not less than $50,000,000, to remain available until
September 30, 2018, shall be for the purchase of information technology and of which not less than $2,700,000 shall be for expenses
of the Office of the Inspector General: Provided, That notwithstanding the limitations in 31 U.S.C. 1553, amounts provided under
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 353
this heading are available for the liquidation of obligations equal
to current year payments on leases entered into prior to the date
of enactment of this Act: Provided further, That for the purpose
of recording and liquidating any lease obligations that should have
been recorded and liquidated against accounts closed pursuant to
31 U.S.C. 1552, and consistent with the preceding proviso, such
amounts shall be transferred to and recorded in a new no-year
account in the Treasury, which may be established for the sole
purpose of recording adjustments for and liquidating such unpaid
obligations.
CONSUMER PRODUCT SAFETY COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Consumer Product Safety
Commission, including hire of passenger motor vehicles, services
as authorized by 5 U.S.C. 3109, but at rates for individuals not
to exceed the per diem rate equivalent to the maximum rate payable
under 5 U.S.C. 5376, purchase of nominal awards to recognize
non-Federal officials’ contributions to Commission activities, and
not to exceed $4,000 for official reception and representation
expenses, $126,000,000, of which $1,300,000 shall remain available
until expended to carry out the program, including administrative
costs, required by section 1405 of the Virginia Graeme Baker Pool
and Spa Safety Act (Public Law 110–140; 15 U.S.C. 8004).
ADMINISTRATIVE PROVISION—CONSUMER PRODUCT SAFETY
COMMISSION
SEC. 501. During fiscal year 2017, none of the amounts made
available by this Act may be used to finalize or implement the
Safety Standard for Recreational Off-Highway Vehicles published
by the Consumer Product Safety Commission in the Federal Register on November 19, 2014 (79 Fed. Reg. 68964) until after—
(1) the National Academy of Sciences, in consultation with
the National Highway Traffic Safety Administration and the
Department of Defense, completes a study to determine—
(A) the technical validity of the lateral stability and
vehicle handling requirements proposed by such standard
for purposes of reducing the risk of Recreational Off-Highway Vehicle (referred to in this section as ‘‘ROV’’) rollovers
in the off-road environment, including the repeatability
and reproducibility of testing for compliance with such
requirements;
(B) the number of ROV rollovers that would be prevented if the proposed requirements were adopted;
(C) whether there is a technical basis for the proposal
to provide information on a point-of-sale hangtag about
a ROV’s rollover resistance on a progressive scale; and
(D) the effect on the utility of ROVs used by the United
States military if the proposed requirements were adopted;
and
(2) a report containing the results of the study completed
under paragraph (1) is delivered to—
(A) the Committee on Commerce, Science, and
Transportation of the Senate;
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Time period.
Consultation.
Study.
Determination.
Reports.
PUBL031
131 STAT. 354
PUBLIC LAW 115–31—MAY 5, 2017
(B) the Committee on Energy and Commerce of the
House of Representatives;
(C) the Committee on Appropriations of the Senate;
and
(D) the Committee on Appropriations of the House
of Representatives.
ELECTION ASSISTANCE COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Help America Vote
Act of 2002 (Public Law 107–252), $9,600,000, of which $1,400,000
shall be transferred to the National Institute of Standards and
Technology for election reform activities authorized under the Help
America Vote Act of 2002.
FEDERAL COMMUNICATIONS COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Communications
Commission, as authorized by law, including uniforms and allowances therefor, as authorized by 5 U.S.C. 5901–5902; not to exceed
$4,000 for official reception and representation expenses; purchase
and hire of motor vehicles; special counsel fees; and services as
authorized by 5 U.S.C. 3109, $339,844,000, to remain available
until expended: Provided, That in addition, $16,866,992 shall be
made available until expended for necessary expenses associated
with moving to a new facility or reconfiguring the existing space
to significantly reduce space consumption: Provided further, That
$356,710,992 of offsetting collections shall be assessed and collected
pursuant to section 9 of title I of the Communications Act of
1934, shall be retained and used for necessary expenses and shall
remain available until expended: Provided further, That the sum
herein appropriated shall be reduced as such offsetting collections
are received during fiscal year 2017 so as to result in a final
fiscal year 2017 appropriation estimated at $0: Provided further,
That any offsetting collections received in excess of $356,710,992
in fiscal year 2017 shall not be available for obligation: Provided
further, That remaining offsetting collections from prior years collected in excess of the amount specified for collection in each such
year and otherwise becoming available on October 1, 2016, shall
not be available for obligation: Provided further, That, notwithstanding 47 U.S.C. 309(j)(8)(B), proceeds from the use of a competitive bidding system that may be retained and made available for
obligation shall not exceed $117,000,000 for fiscal year 2017: Provided further, That, of the amount appropriated under this heading,
not less than $11,751,000 shall be for the salaries and expenses
of the Office of Inspector General.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 355
ADMINISTRATIVE PROVISIONS—FEDERAL COMMUNICATIONS
COMMISSION
SEC. 510. Section 302 of the Universal Service Antideficiency
Temporary Suspension Act is amended by striking ‘‘December 31,
2017’’, each place it appears and inserting ‘‘December 31, 2018’’.
SEC. 511. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change its rules or regulations for universal service
support payments to implement the February 27, 2004 recommendations of the Federal-State Joint Board on Universal Service
regarding single connection or primary line restrictions on universal
service support payments.
118 Stat. 3998.
FEDERAL DEPOSIT INSURANCE CORPORATION
OFFICE OF THE INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$35,958,000, to be derived from the Deposit Insurance Fund or,
only when appropriate, the FSLIC Resolution Fund.
FEDERAL ELECTION COMMISSION
SALARIES AND EXPENSES
For necessary expenses to carry out the provisions of the Federal Election Campaign Act of 1971, $79,119,000, of which
$8,000,000 shall remain available until September 30, 2018, for
lease expiration and replacement lease expenses; and of which
not to exceed $5,000 shall be available for reception and representation expenses.
FEDERAL LABOR RELATIONS AUTHORITY
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Federal
Labor Relations Authority, pursuant to Reorganization Plan Numbered 2 of 1978, and the Civil Service Reform Act of 1978, including
services authorized by 5 U.S.C. 3109, and including hire of experts
and consultants, hire of passenger motor vehicles, and including
official reception and representation expenses (not to exceed $1,500)
and rental of conference rooms in the District of Columbia and
elsewhere, $26,200,000: Provided, That public members of the Federal Service Impasses Panel may be paid travel expenses and per
diem in lieu of subsistence as authorized by law (5 U.S.C. 5703)
for persons employed intermittently in the Government service,
and compensation as authorized by 5 U.S.C. 3109: Provided further,
That, notwithstanding 31 U.S.C. 3302, funds received from fees
charged to non-Federal participants at labor-management relations
conferences shall be credited to and merged with this account,
to be available without further appropriation for the costs of carrying out these conferences.
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PUBL031
131 STAT. 356
PUBLIC LAW 115–31—MAY 5, 2017
FEDERAL TRADE COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Trade Commission,
including uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902; services as authorized by 5 U.S.C. 3109; hire of passenger motor vehicles; and not to exceed $2,000 for official reception
and representation expenses, $313,000,000, to remain available
until expended: Provided, That not to exceed $300,000 shall be
available for use to contract with a person or persons for collection
services in accordance with the terms of 31 U.S.C. 3718: Provided
further, That, notwithstanding any other provision of law, not to
exceed $125,000,000 of offsetting collections derived from fees collected for premerger notification filings under the Hart-Scott-Rodino
Antitrust Improvements Act of 1976 (15 U.S.C. 18a), regardless
of the year of collection, shall be retained and used for necessary
expenses in this appropriation: Provided further, That, notwithstanding any other provision of law, not to exceed $15,000,000
in offsetting collections derived from fees sufficient to implement
and enforce the Telemarketing Sales Rule, promulgated under the
Telemarketing and Consumer Fraud and Abuse Prevention Act
(15 U.S.C. 6101 et seq.), shall be credited to this account, and
be retained and used for necessary expenses in this appropriation:
Provided further, That the sum herein appropriated from the general fund shall be reduced as such offsetting collections are received
during fiscal year 2017, so as to result in a final fiscal year 2017
appropriation from the general fund estimated at not more than
$173,000,000: Provided further, That none of the funds made available to the Federal Trade Commission may be used to implement
subsection (e)(2)(B) of section 43 of the Federal Deposit Insurance
Act (12 U.S.C. 1831t).
GENERAL SERVICES ADMINISTRATION
REAL PROPERTY ACTIVITIES
FEDERAL BUILDINGS FUND
LIMITATIONS ON AVAILABILITY OF REVENUE
(INCLUDING TRANSFERS OF FUNDS)
Amounts in the Fund, including revenues and collections deposited into the Fund, shall be available for necessary expenses of
real property management and related activities not otherwise provided for, including operation, maintenance, and protection of federally owned and leased buildings; rental of buildings in the District
of Columbia; restoration of leased premises; moving governmental
agencies (including space adjustments and telecommunications
relocation expenses) in connection with the assignment, allocation,
and transfer of space; contractual services incident to cleaning
or servicing buildings, and moving; repair and alteration of federally
owned buildings, including grounds, approaches, and appurtenances; care and safeguarding of sites; maintenance, preservation,
demolition, and equipment; acquisition of buildings and sites by
purchase, condemnation, or as otherwise authorized by law; acquisition of options to purchase buildings and sites; conversion and
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 357
extension of federally owned buildings; preliminary planning and
design of projects by contract or otherwise; construction of new
buildings (including equipment for such buildings); and payment
of principal, interest, and any other obligations for public buildings
acquired by installment purchase and purchase contract; in the
aggregate amount of $8,845,147,000, of which—
(1) $205,749,000 shall remain available until expended for
construction and acquisition (including funds for sites and
expenses, and associated design and construction services) as
follows:
(A) National Capital Region, FBI Headquarters
Consolidation, $200,000,000;
(B) Pembina, North Dakota, United States Department
of Agriculture (USDA) Animal and Plant Health Inspection
Service (APHIS), $5,749,000:
Provided, That each of the foregoing limits of costs on new
construction and acquisition projects may be exceeded to the
extent that savings are effected in other such projects, but
not to exceed 10 percent of the amounts included in a transmitted prospectus, if required, unless advance approval is
obtained from the Committees on Appropriations of a greater
amount;
(2) $676,035,000 shall remain available until expended for
repairs and alterations, including associated design and
construction services, of which—
(A) $289,245,000 is for Major Repairs and Alterations;
(B) $312,090,000 is for Basic Repairs and Alterations;
and
(C) $74,700,000 is for Special Emphasis Programs, of
which—
(i) $26,700,000 is for Judiciary Capital Security;
and
(ii) $48,000,000 is for Consolidation Activities: Provided, That consolidation projects result in reduced
annual rent paid by the tenant agency: Provided further, That no consolidation project exceed $10,000,000
in costs: Provided further, That consolidation projects
are approved by each of the committees specified in
section 3307(a) of title 40, United States Code: Provided further, That preference is given to consolidation
projects that achieve a utilization rate of 130 usable
square feet or less per person for office space: Provided
further, That the obligation of funds under this paragraph for consolidation activities may not be made
until 10 days after a proposed spending plan and explanation for each project to be undertaken, including
estimated savings, has been submitted to the Committees on Appropriations of the House of Representatives
and the Senate:
Provided, That funds made available in this or any previous
Act in the Federal Buildings Fund for Repairs and Alterations
shall, for prospectus projects, be limited to the amount identified for each project, except each project in this or any previous
Act may be increased by an amount not to exceed 10 percent
unless advance approval is obtained from the Committees on
Appropriations of a greater amount: Provided further, That
additional projects for which prospectuses have been fully
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Deadline.
Spending plan.
Estimate.
Advance
approval.
Advanced
approval.
PUBL031
131 STAT. 358
approved may be funded under this category only if advance
approval is obtained from the Committees on Appropriations:
Provided further, That the amounts provided in this or any
prior Act for ‘‘Repairs and Alterations’’ may be used to fund
costs associated with implementing security improvements to
buildings necessary to meet the minimum standards for security
in accordance with current law and in compliance with the
reprogramming guidelines of the appropriate Committees of
the House and Senate: Provided further, That the difference
between the funds appropriated and expended on any projects
in this or any prior Act, under the heading ‘‘Repairs and Alterations’’, may be transferred to Basic Repairs and Alterations
or used to fund authorized increases in prospectus projects:
Provided further, That the amount provided in this or any
prior Act for Basic Repairs and Alterations may be used to
pay claims against the Government arising from any projects
under the heading ‘‘Repairs and Alterations’’ or used to fund
authorized increases in prospectus projects;
(3) $5,628,363,000 for rental of space to remain available
until expended; and
(4) $2,335,000,000 for building operations to remain available until expended, of which $1,184,240,000 is for building
services, and $1,150,760,000 is for salaries and expenses: Provided, That not to exceed 5 percent of any appropriation made
available under this paragraph for building operations may
be transferred between and merged with such appropriations
upon notification to the Committees on Appropriations of the
House of Representatives and the Senate, but no such appropriation shall be increased by more than 5 percent by any
such transfers: Provided further, That section 521 of this title
shall not apply with respect to funds made available under
this heading for building operations: Provided further, That
the total amount of funds made available from this Fund to
the General Services Administration shall not be available for
expenses of any construction, repair, alteration and acquisition
project for which a prospectus, if required by 40 U.S.C. 3307(a),
has not been approved, except that necessary funds may be
expended for each project for required expenses for the development of a proposed prospectus: Provided further, That funds
available in the Federal Buildings Fund may be expended
for emergency repairs when advance approval is obtained from
the Committees on Appropriations: Provided further, That
amounts necessary to provide reimbursable special services
to other agencies under 40 U.S.C. 592(b)(2) and amounts to
provide such reimbursable fencing, lighting, guard booths, and
other facilities on private or other property not in Government
ownership or control as may be appropriate to enable the United
States Secret Service to perform its protective functions pursuant to 18 U.S.C. 3056, shall be available from such revenues
and collections: Provided further, That revenues and collections
and any other sums accruing to this Fund during fiscal year
2017, excluding reimbursements under 40 U.S.C. 592(b)(2), in
excess of the aggregate new obligational authority authorized
for Real Property Activities of the Federal Buildings Fund
in this Act shall remain in the Fund and shall not be available
for expenditure except as authorized in appropriations Acts.
Notification.
Advance
approval.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 359
GENERAL ACTIVITIES
GOVERNMENT-WIDE POLICY
For expenses authorized by law, not otherwise provided for,
for Government-wide policy and evaluation activities associated
with the management of real and personal property assets and
certain administrative services; Government-wide policy support
responsibilities relating to acquisition, travel, motor vehicles,
information technology management, and related technology activities; and services as authorized by 5 U.S.C. 3109; $60,000,000,
of which $1,000,000 shall remain available until September 30,
2018.
OPERATING EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For expenses authorized by law, not otherwise provided for,
for Government-wide activities associated with utilization and donation of surplus personal property; disposal of real property; agencywide policy direction, management, and communications; the
Civilian Board of Contract Appeals; and services as authorized
by 5 U.S.C. 3109; $58,541,000, of which $25,869,000 is for Real
and Personal Property Management and Disposal; $23,397,000 is
for the Office of the Administrator, of which not to exceed $7,500
is for official reception and representation expenses; and $9,275,000
is for the Civilian Board of Contract Appeals: Provided, That not
to exceed 5 percent of the appropriation made available under
this heading for Office of the Administrator may be transferred
to the appropriation for the Real and Personal Property Management and Disposal upon notification to the Committees on Appropriations of the House of Representatives and the Senate, but
the appropriation for the Real and Personal Property Management
and Disposal may not be increased by more than 5 percent by
any such transfer.
Notification.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General and
service authorized by 5 U.S.C. 3109, $65,000,000: Provided, That
not to exceed $50,000 shall be available for payment for information
and detection of fraud against the Government, including payment
for recovery of stolen Government property: Provided further, That
not to exceed $2,500 shall be available for awards to employees
of other Federal agencies and private citizens in recognition of
efforts and initiatives resulting in enhanced Office of Inspector
General effectiveness.
ALLOWANCES AND OFFICE STAFF FOR FORMER PRESIDENTS
For carrying out the provisions of the Act of August 25, 1958
(3 U.S.C. 102 note), and Public Law 95–138, $3,865,000.
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131 STAT. 360
PUBLIC LAW 115–31—MAY 5, 2017
EXPENSES, PRESIDENTIAL TRANSITION
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out the Presidential Transition
Act of 1963, as amended, $9,500,000, of which not to exceed
$1,000,000 is for activities authorized by subsections 3(a)(8) and
3(a)(9) of the Act: Provided, That such amounts may be transferred
and credited to the ‘‘Acquisition Services Fund’’ or ‘‘Federal
Buildings Fund’’ to reimburse obligations incurred prior to enactment of this Act for the purposes provided herein related to the
Presidential election in 2016: Provided further, That amounts available under this heading shall be in addition to any other amounts
available for such purposes.
FEDERAL CITIZEN SERVICES FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Office of Citizen Services and
Innovative Technologies, including services authorized by 40 U.S.C.
323 and 44 U.S.C. 3604; and for necessary expenses in support
of interagency projects that enable the Federal Government to
enhance its ability to conduct activities electronically, through the
development and implementation of innovative uses of information
technology; $55,894,000, to be deposited into the Federal Citizen
Services Fund: Provided, That the previous amount may be transferred to Federal agencies to carry out the purpose of the Federal
Citizen Services Fund: Provided further, That the appropriations,
revenues, reimbursements, and collections deposited into the Fund
shall be available until expended for necessary expenses of Federal
Citizen Services and other activities that enable the Federal Government to enhance its ability to conduct activities electronically in
the aggregate amount not to exceed $100,000,000: Provided further,
That appropriations, revenues, reimbursements, and collections
accruing to this Fund during fiscal year 2017 in excess of such
amount shall remain in the Fund and shall not be available for
expenditure except as authorized in appropriations Acts: Provided
further, That any appropriations provided to the Electronic Government Fund that remain unobligated may be transferred to the
Federal Citizen Services Fund: Provided further, That the transfer
authorities provided herein shall be in addition to any other transfer
authority provided in this Act.
ADMINISTRATIVE PROVISIONS—GENERAL SERVICES ADMINISTRATION
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
SEC. 520. Funds available to the General Services Administration shall be available for the hire of passenger motor vehicles.
SEC. 521. Funds in the Federal Buildings Fund made available
for fiscal year 2017 for Federal Buildings Fund activities may
be transferred between such activities only to the extent necessary
to meet program requirements: Provided, That any proposed transfers shall be approved in advance by the Committees on Appropriations of the House of Representatives and the Senate.
SEC. 522. Except as otherwise provided in this title, funds
made available by this Act shall be used to transmit a fiscal year
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131 STAT. 361
2018 request for United States Courthouse construction only if
the request: (1) meets the design guide standards for construction
as established and approved by the General Services Administration, the Judicial Conference of the United States, and the Office
of Management and Budget; (2) reflects the priorities of the Judicial
Conference of the United States as set out in its approved Courthouse Project Priorities plan; and (3) includes a standardized courtroom utilization study of each facility to be constructed, replaced,
or expanded.
SEC. 523. None of the funds provided in this Act may be
used to increase the amount of occupiable square feet, provide
cleaning services, security enhancements, or any other service usually provided through the Federal Buildings Fund, to any agency
that does not pay the rate per square foot assessment for space
and services as determined by the General Services Administration
in consideration of the Public Buildings Amendments Act of 1972
(Public Law 92–313).
SEC. 524. From funds made available under the heading Federal
Buildings Fund, Limitations on Availability of Revenue, claims
against the Government of less than $250,000 arising from direct
construction projects and acquisition of buildings may be liquidated
from savings effected in other construction projects with prior
notification to the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 525. In any case in which the Committee on Transportation and Infrastructure of the House of Representatives and the
Committee on Environment and Public Works of the Senate adopt
a resolution granting lease authority pursuant to a prospectus
transmitted to Congress by the Administrator of the General Services Administration under 40 U.S.C. 3307, the Administrator shall
ensure that the delineated area of procurement is identical to
the delineated area included in the prospectus for all lease agreements, except that, if the Administrator determines that the delineated area of the procurement should not be identical to the delineated area included in the prospectus, the Administrator shall
provide an explanatory statement to each of such committees and
the Committees on Appropriations of the House of Representatives
and the Senate prior to exercising any lease authority provided
in the resolution.
SEC. 526. With respect to each project funded under the heading
‘‘Major Repairs and Alterations’’ or ‘‘Judiciary Capital Security Program’’, and with respect to E-Government projects funded under
the heading ‘‘Federal Citizen Services Fund’’, the Administrator
of General Services shall submit a spending plan and explanation
for each project to be undertaken to the Committees on Appropriations of the House of Representatives and the Senate not later
than 60 days after the date of enactment of this Act.
SEC. 527. The unobligated balance of the amount provided
for the National Capital Region, Civilian Cyber Campus in subparagraph (D) of paragraph (1) under the heading ‘‘General Services
Administration—Federal Buildings Fund’’ in Public Law 113–235
is hereby rescinded, and the unobligated balance of the aggregate
amounts provided in such paragraph and in the matter preceding
such paragraph are reduced accordingly.
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Determination.
Deadline.
PUBL031
131 STAT. 362
PUBLIC LAW 115–31—MAY 5, 2017
HARRY S TRUMAN SCHOLARSHIP FOUNDATION
SALARIES AND EXPENSES
For payment to the Harry S Truman Scholarship Foundation
Trust Fund, established by section 10 of Public Law 93–642,
$1,000,000, to remain available until expended.
MERIT SYSTEMS PROTECTION BOARD
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses to carry out functions of the Merit
Systems Protection Board pursuant to Reorganization Plan Numbered 2 of 1978, the Civil Service Reform Act of 1978, and the
Whistleblower Protection Act of 1989 (5 U.S.C. 5509 note), including
services as authorized by 5 U.S.C. 3109, rental of conference rooms
in the District of Columbia and elsewhere, hire of passenger motor
vehicles, direct procurement of survey printing, and not to exceed
$2,000 for official reception and representation expenses,
$44,786,000, to remain available until September 30, 2018, and
in addition not to exceed $2,345,000, to remain available until
September 30, 2018, for administrative expenses to adjudicate
retirement appeals to be transferred from the Civil Service Retirement and Disability Fund in amounts determined by the Merit
Systems Protection Board.
MORRIS K. UDALL
AND
STEWART L. UDALL FOUNDATION
MORRIS K. UDALL AND STEWART L. UDALL TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
For payment to the Morris K. Udall and Stewart L. Udall
Trust Fund, pursuant to the Morris K. Udall and Stewart L. Udall
Foundation Act (20 U.S.C. 5601 et seq.), $1,895,000, to remain
available until expended, of which, notwithstanding sections 8 and
9 of such Act: (1) up to $50,000 shall be used to conduct financial
audits pursuant to the Accountability of Tax Dollars Act of 2002
(Public Law 107–289); and (2) up to $1,000,000 shall be available
to carry out the activities authorized by section 6(7) of Public
Law 102–259 and section 817(a) of Public Law 106–568 (20 U.S.C.
5604(7)): Provided, That of the total amount made available under
this heading $200,000 shall be transferred to the Office of Inspector
General of the Department of the Interior, to remain available
until expended, for audits and investigations of the Morris K. Udall
and Stewart L. Udall Foundation, consistent with the Inspector
General Act of 1978 (5 U.S.C. App.).
ENVIRONMENTAL DISPUTE RESOLUTION FUND
For payment to the Environmental Dispute Resolution Fund
to carry out activities authorized in the Environmental Policy and
Conflict Resolution Act of 1998, $3,249,000, to remain available
until expended.
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PUBLIC LAW 115–31—MAY 5, 2017
NATIONAL ARCHIVES
AND
131 STAT. 363
RECORDS ADMINISTRATION
OPERATING EXPENSES
For necessary expenses in connection with the administration
of the National Archives and Records Administration and archived
Federal records and related activities, as provided by law, and
for expenses necessary for the review and declassification of documents, the activities of the Public Interest Declassification Board,
the operations and maintenance of the electronic records archives,
the hire of passenger motor vehicles, and for uniforms or allowances
therefor, as authorized by law (5 U.S.C. 5901), including maintenance, repairs, and cleaning, $380,634,000.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Reform Act
of 2008, Public Law 110–409, 122 Stat. 4302–16 (2008), and the
Inspector General Act of 1978 (5 U.S.C. App.), and for the hire
of passenger motor vehicles, $4,801,000.
REPAIRS AND RESTORATION
For the repair, alteration, and improvement of archives facilities, and to provide adequate storage for holdings, $7,500,000, to
remain available until expended.
NATIONAL HISTORICAL PUBLICATIONS AND RECORDS COMMISSION
GRANTS PROGRAM
For necessary expenses for allocations and grants for historical
publications and records as authorized by 44 U.S.C. 2504,
$6,000,000, to remain available until expended.
NATIONAL CREDIT UNION ADMINISTRATION
COMMUNITY DEVELOPMENT REVOLVING LOAN FUND
For the Community Development Revolving Loan Fund program as authorized by 42 U.S.C. 9812, 9822 and 9910, $2,000,000
shall be available until September 30, 2018, for technical assistance
to low-income designated credit unions.
OFFICE
OF
GOVERNMENT ETHICS
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Government Ethics pursuant to the Ethics in Government Act
of 1978, the Ethics Reform Act of 1989, and the Stop Trading
on Congressional Knowledge Act of 2012, including services as
authorized by 5 U.S.C. 3109, rental of conference rooms in the
District of Columbia and elsewhere, hire of passenger motor
vehicles, and not to exceed $1,500 for official reception and representation expenses, $16,090,000.
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131 STAT. 364
PUBLIC LAW 115–31—MAY 5, 2017
OFFICE
OF
PERSONNEL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
Expenditure
plan.
Consultation.
Compliance.
Compliance.
Review.
Deadline.
Deadline.
Reports.
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For necessary expenses to carry out functions of the Office
of Personnel Management (OPM) pursuant to Reorganization Plan
Numbered 2 of 1978 and the Civil Service Reform Act of 1978,
including services as authorized by 5 U.S.C. 3109; medical examinations performed for veterans by private physicians on a fee basis;
rental of conference rooms in the District of Columbia and elsewhere; hire of passenger motor vehicles; not to exceed $2,500 for
official reception and representation expenses; advances for
reimbursements to applicable funds of OPM and the Federal Bureau
of Investigation for expenses incurred under Executive Order No.
10422 of January 9, 1953, as amended; and payment of per diem
or subsistence allowances to employees where Voting Rights Act
activities require an employee to remain overnight at his or her
post of duty, $119,000,000: Provided, That of the total amount
made available under this heading, not to exceed $11,000,000 shall
remain available until September 30, 2018, for the operation and
strengthening of the security of OPM legacy and Shell environment
IT systems and the modernization, migration, and testing of such
systems: Provided further, That the amount made available by
the previous proviso may not be obligated until the Director of
the Office of Personnel Management submits to the Committees
on Appropriations of the Senate and the House of Representatives
a plan for expenditure of such amount, prepared in consultation
with the Director of the Office of Management and Budget, the
Administrator of the United States Digital Service, and the Secretary of Homeland Security, that—
(1) identifies the full scope and cost of the IT systems
remediation and stabilization project;
(2) meets the capital planning and investment control
review requirements established by the Office of Management
and Budget, including Circular A–11, part 7;
(3) includes a Major IT Business Case under the requirements established by the Office of Management and Budget
Exhibit 300;
(4) complies with the acquisition rules, requirements, guidelines, and systems acquisition management practices of the
Government;
(5) complies with all Office of Management and Budget,
Department of Homeland Security and National Institute of
Standards and Technology requirements related to securing
the agency’s information system as described in 44 U.S.C. 3554;
and
(6) is reviewed and commented upon within 90 days of
plan development by the Inspector General of the Office of
Personnel Management, and such comments are submitted to
the Director of the Office of Personnel Management before
the date of such submission:
Provided further, That, not later than 6 months after the date
of enactment of this Act, the Comptroller General shall submit
to the Committees on Appropriations of the Senate and the House
of Representatives a report that—
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 365
(A) evaluates—
(i) the steps taken by the Office of Personnel Management to prevent, mitigate, and respond to data breaches
involving sensitive personnel records and information;
(ii) the Office’s cybersecurity policies and procedures
in place on the date of enactment of this Act, including
policies and procedures relating to IT best practices such
as data encryption, multifactor authentication, and continuous monitoring;
(iii) the Office’s oversight of contractors providing IT
services; and
(iv) the Office’s compliance with government-wide initiatives to improve cybersecurity; and
(B) sets forth improvements that could be made to assist
the Office of Personnel Management in addressing cybersecurity
challenges:
Provided further, That of the total amount made available under
this heading, $391,000 may be made available for strengthening
the capacity and capabilities of the acquisition workforce (as defined
by the Office of Federal Procurement Policy Act, as amended (41
U.S.C. 4001 et seq.)), including the recruitment, hiring, training,
and retention of such workforce and information technology in
support of acquisition workforce effectiveness or for management
solutions to improve acquisition management; and in addition
$140,000,000 for administrative expenses, to be transferred from
the appropriate trust funds of OPM without regard to other statutes,
including direct procurement of printed materials, for the retirement
and insurance programs: Provided further, That the provisions of
this appropriation shall not affect the authority to use applicable
trust funds as provided by sections 8348(a)(1)(B), 8958(f)(2)(A),
8988(f)(2)(A), and 9004(f)(2)(A) of title 5, United States Code: Provided further, That no part of this appropriation shall be available
for salaries and expenses of the Legal Examining Unit of OPM
established pursuant to Executive Order No. 9358 of July 1, 1943,
or any successor unit of like purpose: Provided further, That the
President’s Commission on White House Fellows, established by
Executive Order No. 11183 of October 3, 1964, may, during fiscal
year 2017, accept donations of money, property, and personal services: Provided further, That such donations, including those from
prior years, may be used for the development of publicity materials
to provide information about the White House Fellows, except that
no such donations shall be accepted for travel or reimbursement
of travel expenses, or for the salaries of employees of such Commission.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF TRUST FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
including services as authorized by 5 U.S.C. 3109, hire of passenger
motor vehicles, $5,072,000, and in addition, not to exceed
$25,112,000 for administrative expenses to audit, investigate, and
provide other oversight of the Office of Personnel Management’s
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131 STAT. 366
PUBLIC LAW 115–31—MAY 5, 2017
retirement and insurance programs, to be transferred from the
appropriate trust funds of the Office of Personnel Management,
as determined by the Inspector General: Provided, That the
Inspector General is authorized to rent conference rooms in the
District of Columbia and elsewhere.
OFFICE
OF
SPECIAL COUNSEL
SALARIES AND EXPENSES
For necessary expenses to carry out functions of the Office
of Special Counsel pursuant to Reorganization Plan Numbered 2
of 1978, the Civil Service Reform Act of 1978 (Public Law 95–
454), the Whistleblower Protection Act of 1989 (Public Law 101–
12) as amended by Public Law 107–304, the Whistleblower Protection Enhancement Act of 2012 (Public Law 112–199), and the Uniformed Services Employment and Reemployment Rights Act of 1994
(Public Law 103–353), including services as authorized by 5 U.S.C.
3109, payment of fees and expenses for witnesses, rental of conference rooms in the District of Columbia and elsewhere, and hire
of passenger motor vehicles; $24,750,000.
POSTAL REGULATORY COMMISSION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Postal Regulatory Commission
in carrying out the provisions of the Postal Accountability and
Enhancement Act (Public Law 109–435), $16,200,000, to be derived
by transfer from the Postal Service Fund and expended as authorized by section 603(a) of such Act.
PRIVACY
AND
CIVIL LIBERTIES OVERSIGHT BOARD
SALARIES AND EXPENSES
For necessary expenses of the Privacy and Civil Liberties Oversight Board, as authorized by section 1061 of the Intelligence
Reform and Terrorism Prevention Act of 2004 (42 U.S.C. 2000ee),
$10,100,000, to remain available until September 30, 2018.
SECURITIES
AND
EXCHANGE COMMISSION
SALARIES AND EXPENSES
For necessary expenses for the Securities and Exchange
Commission, including services as authorized by 5 U.S.C. 3109,
the rental of space (to include multiple year leases) in the District
of Columbia and elsewhere, and not to exceed $3,500 for official
reception and representation expenses, $1,605,000,000, to remain
available until expended; of which not less than $14,700,000 shall
be for the Office of Inspector General; of which not to exceed
$75,000 shall be available for a permanent secretariat for the International Organization of Securities Commissions; of which not to
exceed $100,000 shall be available for expenses for consultations
and meetings hosted by the Commission with foreign governmental
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 367
and other regulatory officials, members of their delegations and
staffs to exchange views concerning securities matters, such
expenses to include necessary logistic and administrative expenses
and the expenses of Commission staff and foreign invitees in attendance including: (1) incidental expenses such as meals; (2) travel
and transportation; and (3) related lodging or subsistence; and
of which not less than $72,049,000 shall be for the Division of
Economic and Risk Analysis: Provided, That fees and charges
authorized by section 31 of the Securities Exchange Act of 1934
(15 U.S.C. 78ee) shall be credited to this account as offsetting
collections: Provided further, That not to exceed $1,605,000,000
of such offsetting collections shall be available until expended for
necessary expenses of this account: Provided further, That the total
amount appropriated under this heading from the general fund
for fiscal year 2017 shall be reduced as such offsetting fees are
received so as to result in a final total fiscal year 2017 appropriation
from the general fund estimated at not more than $0.
SELECTIVE SERVICE SYSTEM
SALARIES AND EXPENSES
For necessary expenses of the Selective Service System,
including expenses of attendance at meetings and of training for
uniformed personnel assigned to the Selective Service System, as
authorized by 5 U.S.C. 4101–4118 for civilian employees; hire of
passenger motor vehicles; services as authorized by 5 U.S.C. 3109;
and not to exceed $750 for official reception and representation
expenses; $22,900,000: Provided, That during the current fiscal
year, the President may exempt this appropriation from the provisions of 31 U.S.C. 1341, whenever the President deems such action
to be necessary in the interest of national defense: Provided further,
That none of the funds appropriated by this Act may be expended
for or in connection with the induction of any person into the
Armed Forces of the United States.
SMALL BUSINESS ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses, not otherwise provided for, of the Small
Business Administration, including hire of passenger motor vehicles
as authorized by sections 1343 and 1344 of title 31, United States
Code, and not to exceed $3,500 for official reception and representation expenses, $269,500,000, of which not less than $12,000,000
shall be available for examinations, reviews, and other lender oversight activities: Provided, That the Administrator is authorized
to charge fees to cover the cost of publications developed by the
Small Business Administration, and certain loan program activities,
including fees authorized by section 5(b) of the Small Business
Act: Provided further, That, notwithstanding 31 U.S.C. 3302, revenues received from all such activities shall be credited to this
account, to remain available until expended, for carrying out these
purposes without further appropriations: Provided further, That
the Small Business Administration may accept gifts in an amount
not to exceed $4,000,000 and may co-sponsor activities, each in
accordance with section 132(a) of division K of Public Law 108–
447, during fiscal year 2017: Provided further, That $6,100,000
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Fees.
PUBL031
131 STAT. 368
PUBLIC LAW 115–31—MAY 5, 2017
shall be available for the Loan Modernization and Accounting
System, to be available until September 30, 2018: Provided further,
That $3,000,000 shall be for the Federal and State Technology
Partnership Program under section 34 of the Small Business Act
(15 U.S.C. 657d).
ENTREPRENEURIAL DEVELOPMENT PROGRAMS
For necessary expenses of programs supporting entrepreneurial
and small business development, $245,100,000, to remain available
until September 30, 2018: Provided, That $125,000,000 shall be
available to fund grants for performance in fiscal year 2017 or
fiscal year 2018 as authorized by section 21 of the Small Business
Act: Provided further, That $31,000,000 shall be for marketing,
management, and technical assistance under section 7(m) of the
Small Business Act (15 U.S.C. 636(m)(4)) by intermediaries that
make microloans under the microloan program: Provided further,
That $18,000,000 shall be available for grants to States to carry
out export programs that assist small business concerns authorized
under section 22(l) of the Small Business Act (15 U.S.C. 649(l)).
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$19,900,000.
OFFICE OF ADVOCACY
For necessary expenses of the Office of Advocacy in carrying
out the provisions of title II of Public Law 94–305 (15 U.S.C.
634a et seq.) and the Regulatory Flexibility Act of 1980 (5 U.S.C.
601 et seq.), $9,220,000, to remain available until expended.
BUSINESS LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For the cost of direct loans, $4,338,000, to remain available
until expended: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That subject
to section 502 of the Congressional Budget Act of 1974, during
fiscal year 2017 commitments to guarantee loans under section
503 of the Small Business Investment Act of 1958 shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2017
commitments for general business loans authorized under section
7(a) of the Small Business Act shall not exceed $27,500,000,000
for a combination of amortizing term loans and the aggregated
maximum line of credit provided by revolving loans: Provided further, That during fiscal year 2017 commitments for loans authorized
under subparagraph (C) of section 502(7) of The Small Business
Investment Act of 1958 (15 U.S.C. 696(7)) shall not exceed
$7,500,000,000: Provided further, That during fiscal year 2017
commitments to guarantee loans for debentures under section 303(b)
of the Small Business Investment Act of 1958 shall not exceed
$4,000,000,000: Provided further, That during fiscal year 2017,
guarantees of trust certificates authorized by section 5(g) of the
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 369
Small Business Act shall not exceed a principal amount of
$12,000,000,000. In addition, for administrative expenses to carry
out the direct and guaranteed loan programs, $152,726,000, which
may be transferred to and merged with the appropriations for
Salaries and Expenses.
DISASTER LOANS PROGRAM ACCOUNT
(INCLUDING TRANSFERS OF FUNDS)
For administrative expenses to carry out the direct loan program authorized by section 7(b) of the Small Business Act,
$185,977,000, to be available until expended, of which $1,000,000
is for the Office of Inspector General of the Small Business Administration for audits and reviews of disaster loans and the disaster
loan programs and shall be transferred to and merged with the
appropriations for the Office of Inspector General; of which
$175,977,000 is for direct administrative expenses of loan making
and servicing to carry out the direct loan program, which may
be transferred to and merged with the appropriations for Salaries
and Expenses; and of which $9,000,000 is for indirect administrative
expenses for the direct loan program, which may be transferred
to and merged with the appropriations for Salaries and Expenses.
ADMINISTRATIVE PROVISIONS—SMALL BUSINESS ADMINISTRATION
(INCLUDING RESCISSION AND TRANSFER OF FUNDS)
SEC. 530. Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Small Business Administration in this Act may be transferred between such appropriations,
but no such appropriation shall be increased by more than 10
percent by any such transfers: Provided, That any transfer pursuant
to this paragraph shall be treated as a reprogramming of funds
under section 608 of this Act and shall not be available for obligation
or expenditure except in compliance with the procedures set forth
in that section.
SEC. 531. Of the unobligated balances available for the Certified
Development Company Program under section 503 of the Small
Business Investment Act of 1958, as amended, $55,000,000 are
hereby permanently rescinded: Provided, That no amounts may
be so rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit
Control Act of 1985.
UNITED STATES POSTAL SERVICE
PAYMENT TO THE POSTAL SERVICE FUND
For payment to the Postal Service Fund for revenue forgone
on free and reduced rate mail, pursuant to subsections (c) and
(d) of section 2401 of title 39, United States Code, $34,658,000:
Provided, That mail for overseas voting and mail for the blind
shall continue to be free: Provided further, That 6-day delivery
and rural delivery of mail shall continue at not less than the
1983 level: Provided further, That none of the funds made available
to the Postal Service by this Act shall be used to implement any
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Continuances.
PUBL031
131 STAT. 370
PUBLIC LAW 115–31—MAY 5, 2017
rule, regulation, or policy of charging any officer or employee of
any State or local child support enforcement agency, or any individual participating in a State or local program of child support
enforcement, a fee for information requested or provided concerning
an address of a postal customer: Provided further, That none of
the funds provided in this Act shall be used to consolidate or
close small rural and other small post offices.
OFFICE OF INSPECTOR GENERAL
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$253,600,000, to be derived by transfer from the Postal Service
Fund and expended as authorized by section 603(b)(3) of the Postal
Accountability and Enhancement Act (Public Law 109–435).
UNITED STATES TAX COURT
SALARIES AND EXPENSES
For necessary expenses, including contract reporting and other
services as authorized by 5 U.S.C. 3109, $51,226,000: Provided,
That travel expenses of the judges shall be paid upon the written
certificate of the judge.
TITLE VI
GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSION)
Contracts.
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SEC. 601. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 602. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 603. The expenditure of any appropriation under this
Act for any consulting service through procurement contract pursuant to 5 U.S.C. 3109, shall be limited to those contracts where
such expenditures are a matter of public record and available
for public inspection, except where otherwise provided under
existing law, or under existing Executive order issued pursuant
to existing law.
SEC. 604. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 605. None of the funds made available by this Act shall
be available for any activity or for paying the salary of any Government employee where funding an activity or paying a salary to
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131 STAT. 371
a Government employee would result in a decision, determination,
rule, regulation, or policy that would prohibit the enforcement of
section 307 of the Tariff Act of 1930 (19 U.S.C. 1307).
SEC. 606. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with chapter 83 of title 41,
United States Code.
SEC. 607. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating chapter 83 of title 41, United
States Code.
SEC. 608. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
available for obligation or expenditure in fiscal year 2017, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that: (1) creates a new program; (2) eliminates a program,
project, or activity; (3) increases funds or personnel for any program,
project, or activity for which funds have been denied or restricted
by the Congress; (4) proposes to use funds directed for a specific
activity by the Committee on Appropriations of either the House
of Representatives or the Senate for a different purpose; (5) augments existing programs, projects, or activities in excess of
$5,000,000 or 10 percent, whichever is less; (6) reduces existing
programs, projects, or activities by $5,000,000 or 10 percent, whichever is less; or (7) creates or reorganizes offices, programs, or
activities unless prior approval is received from the Committees
on Appropriations of the House of Representatives and the Senate:
Provided, That prior to any significant reorganization or restructuring of offices, programs, or activities, each agency or entity
funded in this Act shall consult with the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That not later than 60 days after the date of enactment
of this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the House of Representatives and the Senate to establish the baseline for application of
reprogramming and transfer authorities for the current fiscal year:
Provided further, That at a minimum the report shall include:
(1) a table for each appropriation with a separate column to display
the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and the
fiscal year enacted level; (2) a delineation in the table for each
appropriation both by object class and program, project, and activity
as detailed in the budget appendix for the respective appropriation;
and (3) an identification of items of special congressional interest:
Provided further, That the amount appropriated or limited for salaries and expenses for an agency shall be reduced by $100,000
per day for each day after the required date that the report has
not been submitted to the Congress.
SEC. 609. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2017 from appropriations made available
for salaries and expenses for fiscal year 2017 in this Act, shall
remain available through September 30, 2018, for each such account
for the purposes authorized: Provided, That a request shall be
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Advance
approval.
Consultation.
Deadline.
Reports.
Approval
requests.
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Time period.
Abortion.
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submitted to the Committees on Appropriations of the House of
Representatives and the Senate for approval prior to the expenditure of such funds: Provided further, That these requests shall
be made in compliance with reprogramming guidelines.
SEC. 610. (a) None of the funds made available in this Act
may be used by the Executive Office of the President to request—
(1) any official background investigation report on any individual from the Federal Bureau of Investigation; or
(2) a determination with respect to the treatment of an
organization as described in section 501(c) of the Internal Revenue Code of 1986 and exempt from taxation under section
501(a) of such Code from the Department of the Treasury
or the Internal Revenue Service.
(b) Subsection (a) shall not apply—
(1) in the case of an official background investigation report,
if such individual has given express written consent for such
request not more than 6 months prior to the date of such
request and during the same presidential administration; or
(2) if such request is required due to extraordinary circumstances involving national security.
SEC. 611. The cost accounting standards promulgated under
chapter 15 of title 41, United States Code shall not apply with
respect to a contract under the Federal Employees Health Benefits
Program established under chapter 89 of title 5, United States
Code.
SEC. 612. For the purpose of resolving litigation and implementing any settlement agreements regarding the nonforeign area
cost-of-living allowance program, the Office of Personnel Management may accept and utilize (without regard to any restriction
on unanticipated travel expenses imposed in an Appropriations
Act) funds made available to the Office of Personnel Management
pursuant to court approval.
SEC. 613. No funds appropriated by this Act shall be available
to pay for an abortion, or the administrative expenses in connection
with any health plan under the Federal employees health benefits
program which provides any benefits or coverage for abortions.
SEC. 614. The provision of section 613 shall not apply where
the life of the mother would be endangered if the fetus were carried
to term, or the pregnancy is the result of an act of rape or incest.
SEC. 615. In order to promote Government access to commercial
information technology, the restriction on purchasing nondomestic
articles, materials, and supplies set forth in chapter 83 of title
41, United States Code (popularly known as the Buy American
Act), shall not apply to the acquisition by the Federal Government
of information technology (as defined in section 11101 of title 40,
United States Code), that is a commercial item (as defined in
section 103 of title 41, United States Code).
SEC. 616. Notwithstanding section 1353 of title 31, United
States Code, no officer or employee of any regulatory agency or
commission funded by this Act may accept on behalf of that agency,
nor may such agency or commission accept, payment or reimbursement from a non-Federal entity for travel, subsistence, or related
expenses for the purpose of enabling an officer or employee to
attend and participate in any meeting or similar function relating
to the official duties of the officer or employee when the entity
offering payment or reimbursement is a person or entity subject
to regulation by such agency or commission, or represents a person
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131 STAT. 373
or entity subject to regulation by such agency or commission, unless
the person or entity is an organization described in section 501(c)(3)
of the Internal Revenue Code of 1986 and exempt from tax under
section 501(a) of such Code.
SEC. 617. Notwithstanding section 708 of this Act, funds made
available to the Commodity Futures Trading Commission and the
Securities and Exchange Commission by this or any other Act
may be used for the interagency funding and sponsorship of a
joint advisory committee to advise on emerging regulatory issues.
SEC. 618. (a)(1) Notwithstanding any other provision of law,
an Executive agency covered by this Act otherwise authorized to
enter into contracts for either leases or the construction or alteration
of real property for office, meeting, storage, or other space must
consult with the General Services Administration before issuing
a solicitation for offers of new leases or construction contracts,
and in the case of succeeding leases, before entering into negotiations with the current lessor.
(2) Any such agency with authority to enter into an emergency
lease may do so during any period declared by the President to
require emergency leasing authority with respect to such agency.
(b) For purposes of this section, the term ‘‘Executive agency
covered by this Act’’ means any Executive agency provided funds
by this Act, but does not include the General Services Administration or the United States Postal Service.
SEC. 619. (a) There are appropriated for the following activities
the amounts required under current law:
(1) Compensation of the President (3 U.S.C. 102).
(2) Payments to—
(A) the Judicial Officers’ Retirement Fund (28 U.S.C.
377(o));
(B) the Judicial Survivors’ Annuities Fund (28 U.S.C.
376(c)); and
(C) the United States Court of Federal Claims Judges’
Retirement Fund (28 U.S.C. 178(l)).
(3) Payment of Government contributions—
(A) with respect to the health benefits of retired
employees, as authorized by chapter 89 of title 5, United
States Code, and the Retired Federal Employees Health
Benefits Act (74 Stat. 849); and
(B) with respect to the life insurance benefits for
employees retiring after December 31, 1989 (5 U.S.C. ch.
87).
(4) Payment to finance the unfunded liability of new and
increased annuity benefits under the Civil Service Retirement
and Disability Fund (5 U.S.C. 8348).
(5) Payment of annuities authorized to be paid from the
Civil Service Retirement and Disability Fund by statutory
provisions other than subchapter III of chapter 83 or chapter
84 of title 5, United States Code.
(b) Nothing in this section may be construed to exempt any
amount appropriated by this section from any otherwise applicable
limitation on the use of funds contained in this Act.
SEC. 620. The Public Company Accounting Oversight Board
(Board) shall have authority to obligate funds for the scholarship
program established by section 109(c)(2) of the Sarbanes-Oxley Act
of 2002 (Public Law 107–204) in an aggregate amount not exceeding
the amount of funds collected by the Board as of December 31,
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Consultation.
Contracts.
Definition.
PUBL031
131 STAT. 374
Reports.
Compliance.
Contracts.
Consultation.
Privacy.
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2016, including accrued interest, as a result of the assessment
of monetary penalties. Funds available for obligation in fiscal year
2017 shall remain available until expended.
SEC. 621. None of the funds made available in this Act may
be used by the Federal Trade Commission to complete the draft
report entitled ‘‘Interagency Working Group on Food Marketed to
Children: Preliminary Proposed Nutrition Principles to Guide
Industry Self-Regulatory Efforts’’ unless the Interagency Working
Group on Food Marketed to Children complies with Executive Order
No. 13563.
SEC. 622. None of the funds made available by this Act may
be used to pay the salaries and expenses for the following positions:
(1) Director, White House Office of Health Reform.
(2) Assistant to the President for Energy and Climate
Change.
(3) Senior Advisor to the Secretary of the Treasury assigned
to the Presidential Task Force on the Auto Industry and Senior
Counselor for Manufacturing Policy.
(4) White House Director of Urban Affairs.
SEC. 623. None of the funds in this Act may be used for
the Director of the Office of Personnel Management to award a
contract, enter an extension of, or exercise an option on a contract
to a contractor conducting the final quality review processes for
background investigation fieldwork services or background investigation support services that, as of the date of the award of the
contract, are being conducted by that contractor.
SEC. 624. (a) The head of each executive branch agency funded
by this Act shall ensure that the Chief Information Officer of
the agency has the authority to participate in decisions regarding
the budget planning process related to information technology.
(b) Amounts appropriated for any executive branch agency
funded by this Act that are available for information technology
shall be allocated within the agency, consistent with the provisions
of appropriations Acts and budget guidelines and recommendations
from the Director of the Office of Management and Budget, in
such manner as specified by, or approved by, the Chief Information
Officer of the agency in consultation with the Chief Financial Officer
of the agency and budget officials.
SEC. 625. None of the funds made available in this Act may
be used in contravention of chapter 29, 31, or 33 of title 44, United
States Code.
SEC. 626. None of the funds made available in this Act may
be used by a governmental entity to require the disclosure by
a provider of electronic communication service to the public or
remote computing service of the contents of a wire or electronic
communication that is in electronic storage with the provider (as
such terms are defined in sections 2510 and 2711 of title 18,
United States Code) in a manner that violates the Fourth Amendment to the Constitution of the United States.
SEC. 627. None of the funds appropriated by this Act may
be used by the Federal Communications Commission to modify,
amend, or change the rules or regulations of the Commission for
universal service high-cost support for competitive eligible telecommunications carriers in a way that is inconsistent with paragraph (e)(5) or (e)(6) of section 54.307 of title 47, Code of Federal
Regulations, as in effect on July 15, 2015: Provided, That this
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 375
section shall not prohibit the Commission from considering, developing, or adopting other support mechanisms as an alternative
to Mobility Fund Phase II.
SEC. 628. No funds provided in this Act shall be used to
deny an Inspector General funded under this Act timely access
to any records, documents, or other materials available to the
department or agency over which that Inspector General has responsibilities under the Inspector General Act of 1978, or to prevent
or impede that Inspector General’s access to such records, documents, or other materials, under any provision of law, except a
provision of law that expressly refers to the Inspector General
and expressly limits the Inspector General’s right of access. A
department or agency covered by this section shall provide its
Inspector General with access to all such records, documents, and
other materials in a timely manner. Each Inspector General shall
ensure compliance with statutory limitations on disclosure relevant
to the information provided by the establishment over which that
Inspector General has responsibilities under the Inspector General
Act of 1978. Each Inspector General covered by this section shall
report to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures
to comply with this requirement.
SEC. 629. (a) In the case of a television joint sales agreement,
the Federal Communications Commission—
(1) may not require the termination or modification of
such agreement as a condition of the transfer or assignment
of a station license or the transfer of station ownership or
control; and
(2) upon request of the transferee or assignee of the station
license, shall eliminate any such condition that was imposed
after March 31, 2014, and permit the licensees of the stations
whose advertising was jointly sold pursuant to such agreement
to enter into a new joint sales agreement on substantially
similar terms and conditions as the prior agreement.
(b) In this section, the term ‘‘joint sales agreement’’ has the
meaning given such term in Note 2(k) to section 73.3555 of title
47, Code of Federal Regulations, and where a joint sales agreement
is part of a broader contract, this section shall be limited to the
joint sales agreement portion of such contract.
SEC. 630. (a) Section 1105(a)(35) of title 31, United States
Code, is amended—
(1) by striking subparagraph (B) and redesignating
subparagraph (C) as subparagraph (B);
(2) by striking ‘‘homeland security’’ in each instance it
appears and inserting ‘‘cybersecurity’’; and
(3) by amending subparagraph (B) (as redesignated by
paragraph (1)) to read as follows:
‘‘(B) Prior to implementing this paragraph, including determining what Federal activities or accounts constitute cybersecurity for purposes of budgetary classification, the Office of
Management and Budget shall consult with the Committees
on Appropriations and the Committees on the Budget of the
House of Representatives and the Senate, the Committee on
Homeland Security of the House of Representatives, and the
Committee on Homeland Security and Government Affairs of
the Senate.’’.
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Records.
Compliance.
Reports.
Deadline.
Contracts.
Communication
and telecommunications.
Definition.
Determination.
Consultation.
PUBL031
131 STAT. 376
Applicability.
Effective date.
Repeal.
20 USC 5701
note.
20 USC 5701 and
note, 5702–5709.
Pornography.
Time periods.
Identity theft.
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PUBLIC LAW 115–31—MAY 5, 2017
(b) The amendments made by subsection (a) shall apply to
budget submissions under section 1105(a) of title 31, United States
Code, for fiscal year 2018 and each subsequent fiscal year.
SEC. 631. (a) Effective one year after the date of the enactment
of this Act, subtitle B of title IV of Public Law 102–281 is repealed.
(b) On the day before the date of the repeal under subsection
(a), the Secretary of the Treasury shall transfer the amounts in
the fund described in section 408(a) of subtitle A of title IV of
such Public Law into the general fund of the Treasury.
SEC. 632. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
adjudication activities, or other law enforcement- or victim assistance-related activity.
SEC. 633. (a) For fiscal years 2016 through 2026, the Office
of Personnel Management shall provide to each affected individual
as defined in subsection (b) complimentary identity protection coverage that—
(1) is not less comprehensive than the complimentary
identity protection coverage that the Office provided to affected
individuals before the date of enactment of this Act;
(2) is effective for a period of not less than 10 years;
and
(3) includes not less than $5,000,000 in identity theft insurance.
(b) DEFINITION.—In this section, the term ‘‘affected individual’’
means any individual whose Social Security Number was compromised during—
(1) the data breach of personnel records of current and
former Federal employees, at a network maintained by the
Department of the Interior, that was announced by the Office
of Personnel Management on June 4, 2015; or
(2) the data breach of systems of the Office of Personnel
Management containing information related to the background
investigations of current, former, and prospective Federal
employees, and of other individuals.
SEC. 634. From the unobligated balances available in the Securities and Exchange Commission Reserve Fund established by section 991 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Public Law 111–203), $25,000,000 are rescinded.
SEC. 635. None of the funds made available by this Act shall
be used by the Securities and Exchange Commission to finalize,
issue, or implement any rule, regulation, or order regarding the
disclosure of political contributions, contributions to tax exempt
organizations, or dues paid to trade associations.
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PUBL031
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131 STAT. 377
TITLE VII
GENERAL PROVISIONS—GOVERNMENT-WIDE
DEPARTMENTS, AGENCIES,
AND
CORPORATIONS
(INCLUDING TRANSFER OF FUNDS)
SEC. 701. No department, agency, or instrumentality of the
United States receiving appropriated funds under this or any other
Act for fiscal year 2017 shall obligate or expend any such funds,
unless such department, agency, or instrumentality has in place,
and will continue to administer in good faith, a written policy
designed to ensure that all of its workplaces are free from the
illegal use, possession, or distribution of controlled substances (as
defined in the Controlled Substances Act (21 U.S.C. 802)) by the
officers and employees of such department, agency, or instrumentality.
SEC. 702. Unless otherwise specifically provided, the maximum
amount allowable during the current fiscal year in accordance with
subsection 1343(c) of title 31, United States Code, for the purchase
of any passenger motor vehicle (exclusive of buses, ambulances,
law enforcement vehicles, protective vehicles, and undercover
surveillance vehicles), is hereby fixed at $19,947 except station
wagons for which the maximum shall be $19,997: Provided, That
these limits may be exceeded by not to exceed $7,250 for policetype vehicles: Provided further, That the limits set forth in this
section may not be exceeded by more than 5 percent for electric
or hybrid vehicles purchased for demonstration under the provisions
of the Electric and Hybrid Vehicle Research, Development, and
Demonstration Act of 1976: Provided further, That the limits set
forth in this section may be exceeded by the incremental cost
of clean alternative fuels vehicles acquired pursuant to Public Law
101–549 over the cost of comparable conventionally fueled vehicles:
Provided further, That the limits set forth in this section shall
not apply to any vehicle that is a commercial item and which
operates on alternative fuel, including but not limited to electric,
plug-in hybrid electric, and hydrogen fuel cell vehicles.
SEC. 703. Appropriations of the executive departments and
independent establishments for the current fiscal year available
for expenses of travel, or for the expenses of the activity concerned,
are hereby made available for quarters allowances and cost-ofliving allowances, in accordance with 5 U.S.C. 5922–5924.
SEC. 704. Unless otherwise specified in law during the current
fiscal year, no part of any appropriation contained in this or any
other Act shall be used to pay the compensation of any officer
or employee of the Government of the United States (including
any agency the majority of the stock of which is owned by the
Government of the United States) whose post of duty is in the
continental United States unless such person: (1) is a citizen of
the United States; (2) is a person who is lawfully admitted for
permanent residence and is seeking citizenship as outlined in 8
U.S.C. 1324b(a)(3)(B); (3) is a person who is admitted as a refugee
under 8 U.S.C. 1157 or is granted asylum under 8 U.S.C. 1158
and has filed a declaration of intention to become a lawful permanent resident and then a citizen when eligible; or (4) is a person
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Drug free
workplaces.
31 USC 343 note.
5 USC 3101 note.
PUBL031
131 STAT. 378
Affidavits.
Affidavits.
Fines.
Penalty.
Time period.
Time period.
Time period.
Applicability.
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who owes allegiance to the United States: Provided, That for purposes of this section, affidavits signed by any such person shall
be considered prima facie evidence that the requirements of this
section with respect to his or her status are being complied with:
Provided further, That for purposes of subsections (2) and (3) such
affidavits shall be submitted prior to employment and updated
thereafter as necessary: Provided further, That any person making
a false affidavit shall be guilty of a felony, and upon conviction,
shall be fined no more than $4,000 or imprisoned for not more
than 1 year, or both: Provided further, That the above penal clause
shall be in addition to, and not in substitution for, any other
provisions of existing law: Provided further, That any payment
made to any officer or employee contrary to the provisions of this
section shall be recoverable in action by the Federal Government:
Provided further, That this section shall not apply to any person
who is an officer or employee of the Government of the United
States on the date of enactment of this Act, or to international
broadcasters employed by the Broadcasting Board of Governors,
or to temporary employment of translators, or to temporary employment in the field service (not to exceed 60 days) as a result of
emergencies: Provided further, That this section does not apply
to the employment as Wildland firefighters for not more than 120
days of nonresident aliens employed by the Department of the
Interior or the USDA Forest Service pursuant to an agreement
with another country.
SEC. 705. Appropriations available to any department or agency
during the current fiscal year for necessary expenses, including
maintenance or operating expenses, shall also be available for payment to the General Services Administration for charges for space
and services and those expenses of renovation and alteration of
buildings and facilities which constitute public improvements performed in accordance with the Public Buildings Act of 1959 (73
Stat. 479), the Public Buildings Amendments of 1972 (86 Stat.
216), or other applicable law.
SEC. 706. In addition to funds provided in this or any other
Act, all Federal agencies are authorized to receive and use funds
resulting from the sale of materials, including Federal records disposed of pursuant to a records schedule recovered through recycling
or waste prevention programs. Such funds shall be available until
expended for the following purposes:
(1) Acquisition, waste reduction and prevention, and
recycling programs as described in Executive Order No. 13693
(March 19, 2015), including any such programs adopted prior
to the effective date of the Executive order.
(2) Other Federal agency environmental management programs, including, but not limited to, the development and
implementation of hazardous waste management and pollution
prevention programs.
(3) Other employee programs as authorized by law or as
deemed appropriate by the head of the Federal agency.
SEC. 707. Funds made available by this or any other Act for
administrative expenses in the current fiscal year of the corporations and agencies subject to chapter 91 of title 31, United States
Code, shall be available, in addition to objects for which such
funds are otherwise available, for rent in the District of Columbia;
services in accordance with 5 U.S.C. 3109; and the objects specified
under this head, all the provisions of which shall be applicable
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 379
to the expenditure of such funds unless otherwise specified in
the Act by which they are made available: Provided, That in the
event any functions budgeted as administrative expenses are subsequently transferred to or paid from other funds, the limitations
on administrative expenses shall be correspondingly reduced.
SEC. 708. No part of any appropriation contained in this or
any other Act shall be available for interagency financing of boards
(except Federal Executive Boards), commissions, councils, committees, or similar groups (whether or not they are interagency entities)
which do not have a prior and specific statutory approval to receive
financial support from more than one agency or instrumentality.
SEC. 709. None of the funds made available pursuant to the
provisions of this or any other Act shall be used to implement,
administer, or enforce any regulation which has been disapproved
pursuant to a joint resolution duly adopted in accordance with
the applicable law of the United States.
SEC. 710. During the period in which the head of any department or agency, or any other officer or civilian employee of the
Federal Government appointed by the President of the United
States, holds office, no funds may be obligated or expended in
excess of $5,000 to furnish or redecorate the office of such department head, agency head, officer, or employee, or to purchase furniture or make improvements for any such office, unless advance
notice of such furnishing or redecoration is transmitted to the
Committees on Appropriations of the House of Representatives and
the Senate. For the purposes of this section, the term ‘‘office’’
shall include the entire suite of offices assigned to the individual,
as well as any other space used primarily by the individual or
the use of which is directly controlled by the individual.
SEC. 711. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of national security and emergency preparedness telecommunications initiatives which benefit multiple Federal departments,
agencies, or entities, as provided by Executive Order No. 13618
(July 6, 2012).
SEC. 712. (a) None of the funds made available by this or
any other Act may be obligated or expended by any department,
agency, or other instrumentality of the Federal Government to
pay the salaries or expenses of any individual appointed to a position of a confidential or policy-determining character that is
excepted from the competitive service under section 3302 of title
5, United States Code, (pursuant to schedule C of subpart C of
part 213 of title 5 of the Code of Federal Regulations) unless
the head of the applicable department, agency, or other instrumentality employing such schedule C individual certifies to the Director
of the Office of Personnel Management that the schedule C position
occupied by the individual was not created solely or primarily
in order to detail the individual to the White House.
(b) The provisions of this section shall not apply to Federal
employees or members of the Armed Forces detailed to or from
an element of the intelligence community (as that term is defined
under section 3(4) of the National Security Act of 1947 (50 U.S.C.
3003(4))).
SEC. 713. No part of any appropriation contained in this or
any other Act shall be available for the payment of the salary
of any officer or employee of the Federal Government, who—
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Notification.
Definition.
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PUBLIC LAW 115–31—MAY 5, 2017
(1) prohibits or prevents, or attempts or threatens to prohibit or prevent, any other officer or employee of the Federal
Government from having any direct oral or written communication or contact with any Member, committee, or subcommittee
of the Congress in connection with any matter pertaining to
the employment of such other officer or employee or pertaining
to the department or agency of such other officer or employee
in any way, irrespective of whether such communication or
contact is at the initiative of such other officer or employee
or in response to the request or inquiry of such Member, committee, or subcommittee; or
(2) removes, suspends from duty without pay, demotes,
reduces in rank, seniority, status, pay, or performance or efficiency rating, denies promotion to, relocates, reassigns, transfers, disciplines, or discriminates in regard to any employment
right, entitlement, or benefit, or any term or condition of
employment of, any other officer or employee of the Federal
Government, or attempts or threatens to commit any of the
foregoing actions with respect to such other officer or employee,
by reason of any communication or contact of such other officer
or employee with any Member, committee, or subcommittee
of the Congress as described in paragraph (1).
SEC. 714. (a) None of the funds made available in this or
any other Act may be obligated or expended for any employee
training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 715. No part of any funds appropriated in this or any
other Act shall be used by an agency of the executive branch,
other than for normal and recognized executive-legislative relationships, for publicity or propaganda purposes, and for the preparation,
distribution or use of any kit, pamphlet, booklet, publication, radio,
television, or film presentation designed to support or defeat legislation pending before the Congress, except in presentation to the
Congress itself.
SEC. 716. None of the funds appropriated by this or any other
Act may be used by an agency to provide a Federal employee’s
home address to any labor organization except when the employee
has authorized such disclosure or when such disclosure has been
ordered by a court of competent jurisdiction.
SEC. 717. None of the funds made available in this or any
other Act may be used to provide any non-public information such
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as mailing, telephone or electronic mailing lists to any person
or any organization outside of the Federal Government without
the approval of the Committees on Appropriations of the House
of Representatives and the Senate.
SEC. 718. No part of any appropriation contained in this or
any other Act shall be used directly or indirectly, including by
private contractor, for publicity or propaganda purposes within
the United States not heretofore authorized by Congress.
SEC. 719. (a) In this section, the term ‘‘agency’’—
(1) means an Executive agency, as defined under 5 U.S.C.
105; and
(2) includes a military department, as defined under section
102 of such title, the Postal Service, and the Postal Regulatory
Commission.
(b) Unless authorized in accordance with law or regulations
to use such time for other purposes, an employee of an agency
shall use official time in an honest effort to perform official duties.
An employee not under a leave system, including a Presidential
appointee exempted under 5 U.S.C. 6301(2), has an obligation to
expend an honest effort and a reasonable proportion of such
employee’s time in the performance of official duties.
SEC. 720. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, funds made available for the current fiscal year by
this or any other Act to any department or agency, which is a
member of the Federal Accounting Standards Advisory Board
(FASAB), shall be available to finance an appropriate share of
FASAB administrative costs.
SEC. 721. Notwithstanding 31 U.S.C. 1346 and section 708
of this Act, the head of each Executive department and agency
is hereby authorized to transfer to or reimburse ‘‘General Services
Administration, Government-wide Policy’’ with the approval of the
Director of the Office of Management and Budget, funds made
available for the current fiscal year by this or any other Act,
including rebates from charge card and other contracts: Provided,
That these funds shall be administered by the Administrator of
General Services to support Government-wide and other multiagency financial, information technology, procurement, and other
management innovations, initiatives, and activities, including
improving coordination and reducing duplication, as approved by
the Director of the Office of Management and Budget, in consultation with the appropriate interagency and multi-agency groups
designated by the Director (including the President’s Management
Council for overall management improvement initiatives, the Chief
Financial Officers Council for financial management initiatives,
the Chief Information Officers Council for information technology
initiatives, the Chief Human Capital Officers Council for human
capital initiatives, the Chief Acquisition Officers Council for procurement initiatives, and the Performance Improvement Council for
performance improvement initiatives): Provided further, That the
total funds transferred or reimbursed shall not exceed $15,000,000
to improve coordination, reduce duplication, and for other activities
related to Federal Government Priority Goals established by 31
U.S.C. 1120, and not to exceed $17,000,000 for Government-Wide
innovations, initiatives, and activities: Provided further, That the
funds transferred to or for reimbursement of ‘‘General Services
Administration, Government-wide Policy’’ during fiscal year 2017
shall remain available for obligation through September 30, 2018:
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Reimbursement.
Consultation.
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Time period.
Notification.
Breastfeeding.
Reports.
Deadline.
Compliance.
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Provided further, That such transfers or reimbursements may only
be made after 15 days following notification of the Committees
on Appropriations of the House of Representatives and the Senate
by the Director of the Office of Management and Budget.
SEC. 722. Notwithstanding any other provision of law, a woman
may breastfeed her child at any location in a Federal building
or on Federal property, if the woman and her child are otherwise
authorized to be present at the location.
SEC. 723. Notwithstanding 31 U.S.C. 1346, or section 708 of
this Act, funds made available for the current fiscal year by this
or any other Act shall be available for the interagency funding
of specific projects, workshops, studies, and similar efforts to carry
out the purposes of the National Science and Technology Council
(authorized by Executive Order No. 12881), which benefit multiple
Federal departments, agencies, or entities: Provided, That the Office
of Management and Budget shall provide a report describing the
budget of and resources connected with the National Science and
Technology Council to the Committees on Appropriations, the House
Committee on Science and Technology, and the Senate Committee
on Commerce, Science, and Transportation 90 days after enactment
of this Act.
SEC. 724. Any request for proposals, solicitation, grant application, form, notification, press release, or other publications involving
the distribution of Federal funds shall comply with any relevant
requirements in part 200 of title 2, Code of Federal Regulations:
Provided, That this section shall apply to direct payments, formula
funds, and grants received by a State receiving Federal funds.
SEC. 725. (a) PROHIBITION OF FEDERAL AGENCY MONITORING
OF INDIVIDUALS’ INTERNET USE.—None of the funds made available
in this or any other Act may be used by any Federal agency—
(1) to collect, review, or create any aggregation of data,
derived from any means, that includes any personally identifiable information relating to an individual’s access to or use
of any Federal Government Internet site of the agency; or
(2) to enter into any agreement with a third party
(including another government agency) to collect, review, or
obtain any aggregation of data, derived from any means, that
includes any personally identifiable information relating to an
individual’s access to or use of any nongovernmental Internet
site.
(b) EXCEPTIONS.—The limitations established in subsection (a)
shall not apply to—
(1) any record of aggregate data that does not identify
particular persons;
(2) any voluntary submission of personally identifiable
information;
(3) any action taken for law enforcement, regulatory, or
supervisory purposes, in accordance with applicable law; or
(4) any action described in subsection (a)(1) that is a system
security action taken by the operator of an Internet site and
is necessarily incident to providing the Internet site services
or to protecting the rights or property of the provider of the
Internet site.
(c) DEFINITIONS.—For the purposes of this section:
(1) The term ‘‘regulatory’’ means agency actions to implement, interpret or enforce authorities provided in law.
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(2) The term ‘‘supervisory’’ means examinations of the
agency’s supervised institutions, including assessing safety and
soundness, overall financial condition, management practices
and policies and compliance with applicable standards as provided in law.
SEC. 726. (a) None of the funds appropriated by this Act may
be used to enter into or renew a contract which includes a provision
providing prescription drug coverage, except where the contract
also includes a provision for contraceptive coverage.
(b) Nothing in this section shall apply to a contract with—
(1) any of the following religious plans:
(A) Personal Care’s HMO; and
(B) OSF HealthPlans, Inc.; and
(2) any existing or future plan, if the carrier for the plan
objects to such coverage on the basis of religious beliefs.
(c) In implementing this section, any plan that enters into
or renews a contract under this section may not subject any individual to discrimination on the basis that the individual refuses
to prescribe or otherwise provide for contraceptives because such
activities would be contrary to the individual’s religious beliefs
or moral convictions.
(d) Nothing in this section shall be construed to require coverage of abortion or abortion-related services.
SEC. 727. The United States is committed to ensuring the
health of its Olympic, Pan American, and Paralympic athletes,
and supports the strict adherence to anti-doping in sport through
testing, adjudication, education, and research as performed by
nationally recognized oversight authorities.
SEC. 728. Notwithstanding any other provision of law, funds
appropriated for official travel to Federal departments and agencies
may be used by such departments and agencies, if consistent with
Office of Management and Budget Circular A–126 regarding official
travel for Government personnel, to participate in the fractional
aircraft ownership pilot program.
SEC. 729. Notwithstanding any other provision of law, none
of the funds appropriated or made available under this or any
other appropriations Act may be used to implement or enforce
restrictions or limitations on the Coast Guard Congressional Fellowship Program, or to implement the proposed regulations of the
Office of Personnel Management to add sections 300.311 through
300.316 to part 300 of title 5 of the Code of Federal Regulations,
published in the Federal Register, volume 68, number 174, on
September 9, 2003 (relating to the detail of executive branch
employees to the legislative branch).
SEC. 730. Notwithstanding any other provision of law, no executive branch agency shall purchase, construct, or lease any additional
facilities, except within or contiguous to existing locations, to be
used for the purpose of conducting Federal law enforcement training
without the advance approval of the Committees on Appropriations
of the House of Representatives and the Senate, except that the
Federal Law Enforcement Training Center is authorized to obtain
the temporary use of additional facilities by lease, contract, or
other agreement for training which cannot be accommodated in
existing Center facilities.
SEC. 731. Unless otherwise authorized by existing law, none
of the funds provided in this or any other Act may be used by
an executive branch agency to produce any prepackaged news story
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Drugs and drug
abuse.
Contraceptives.
Abortion.
Advance
approval.
Contracts.
News story.
Notification.
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Determination.
Time period.
Contracts.
Definitions.
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intended for broadcast or distribution in the United States, unless
the story includes a clear notification within the text or audio
of the prepackaged news story that the prepackaged news story
was prepared or funded by that executive branch agency.
SEC. 732. None of the funds made available in this Act may
be used in contravention of section 552a of title 5, United States
Code (popularly known as the Privacy Act), and regulations implementing that section.
SEC. 733. (a) IN GENERAL.—None of the funds appropriated
or otherwise made available by this or any other Act may be
used for any Federal Government contract with any foreign incorporated entity which is treated as an inverted domestic corporation
under section 835(b) of the Homeland Security Act of 2002 (6
U.S.C. 395(b)) or any subsidiary of such an entity.
(b) WAIVERS.—
(1) IN GENERAL.—Any Secretary shall waive subsection (a)
with respect to any Federal Government contract under the
authority of such Secretary if the Secretary determines that
the waiver is required in the interest of national security.
(2) REPORT TO CONGRESS.—Any Secretary issuing a waiver
under paragraph (1) shall report such issuance to Congress.
(c) EXCEPTION.—This section shall not apply to any Federal
Government contract entered into before the date of the enactment
of this Act, or to any task order issued pursuant to such contract.
SEC. 734. During fiscal year 2017, for each employee who—
(1) retires under section 8336(d)(2) or 8414(b)(1)(B) of title
5, United States Code; or
(2) retires under any other provision of subchapter III
of chapter 83 or chapter 84 of such title 5 and receives a
payment as an incentive to separate, the separating agency
shall remit to the Civil Service Retirement and Disability Fund
an amount equal to the Office of Personnel Management’s
average unit cost of processing a retirement claim for the
preceding fiscal year. Such amounts shall be available until
expended to the Office of Personnel Management and shall
be deemed to be an administrative expense under section
8348(a)(1)(B) of title 5, United States Code.
SEC. 735. (a) None of the funds made available in this or
any other Act may be used to recommend or require any entity
submitting an offer for a Federal contract to disclose any of the
following information as a condition of submitting the offer:
(1) Any payment consisting of a contribution, expenditure,
independent expenditure, or disbursement for an electioneering
communication that is made by the entity, its officers or directors, or any of its affiliates or subsidiaries to a candidate
for election for Federal office or to a political committee, or
that is otherwise made with respect to any election for Federal
office.
(2) Any disbursement of funds (other than a payment
described in paragraph (1)) made by the entity, its officers
or directors, or any of its affiliates or subsidiaries to any person
with the intent or the reasonable expectation that the person
will use the funds to make a payment described in paragraph
(1).
(b) In this section, each of the terms ‘‘contribution’’, ‘‘expenditure’’, ‘‘independent expenditure’’, ‘‘electioneering communication’’,
‘‘candidate’’, ‘‘election’’, and ‘‘Federal office’’ has the meaning given
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such term in the Federal Election Campaign Act of 1971 (2 U.S.C.
431 et seq.).
SEC. 736. None of the funds made available in this or any
other Act may be used to pay for the painting of a portrait of
an officer or employee of the Federal government, including the
President, the Vice President, a member of Congress (including
a Delegate or a Resident Commissioner to Congress), the head
of an executive branch agency (as defined in section 133 of title
41, United States Code), or the head of an office of the legislative
branch.
SEC. 737. (a)(1) Notwithstanding any other provision of law,
and except as otherwise provided in this section, no part of any
of the funds appropriated for fiscal year 2017, by this or any
other Act, may be used to pay any prevailing rate employee
described in section 5342(a)(2)(A) of title 5, United States Code—
(A) during the period from the date of expiration of the
limitation imposed by the comparable section for the previous
fiscal years until the normal effective date of the applicable
wage survey adjustment that is to take effect in fiscal year
2017, in an amount that exceeds the rate payable for the
applicable grade and step of the applicable wage schedule in
accordance with such section; and
(B) during the period consisting of the remainder of fiscal
year 2017, in an amount that exceeds, as a result of a wage
survey adjustment, the rate payable under subparagraph (A)
by more than the sum of—
(i) the percentage adjustment taking effect in fiscal
year 2017 under section 5303 of title 5, United States
Code, in the rates of pay under the General Schedule;
and
(ii) the difference between the overall average percentage of the locality-based comparability payments taking
effect in fiscal year 2017 under section 5304 of such title
(whether by adjustment or otherwise), and the overall average percentage of such payments which was effective in
the previous fiscal year under such section.
(2) Notwithstanding any other provision of law, no prevailing
rate employee described in subparagraph (B) or (C) of section
5342(a)(2) of title 5, United States Code, and no employee covered
by section 5348 of such title, may be paid during the periods
for which paragraph (1) is in effect at a rate that exceeds the
rates that would be payable under paragraph (1) were paragraph
(1) applicable to such employee.
(3) For the purposes of this subsection, the rates payable to
an employee who is covered by this subsection and who is paid
from a schedule not in existence on September 30, 2016, shall
be determined under regulations prescribed by the Office of Personnel Management.
(4) Notwithstanding any other provision of law, rates of premium pay for employees subject to this subsection may not be
changed from the rates in effect on September 30, 2016, except
to the extent determined by the Office of Personnel Management
to be consistent with the purpose of this subsection.
(5) This subsection shall apply with respect to pay for service
performed after September 30, 2016.
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Pay rates.
Determination.
Regulations.
Application.
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(6) For the purpose of administering any provision of law
(including any rule or regulation that provides premium pay, retirement, life insurance, or any other employee benefit) that requires
any deduction or contribution, or that imposes any requirement
or limitation on the basis of a rate of salary or basic pay, the
rate of salary or basic pay payable after the application of this
subsection shall be treated as the rate of salary or basic pay.
(7) Nothing in this subsection shall be considered to permit
or require the payment to any employee covered by this subsection
at a rate in excess of the rate that would be payable were this
subsection not in effect.
(8) The Office of Personnel Management may provide for exceptions to the limitations imposed by this subsection if the Office
determines that such exceptions are necessary to ensure the recruitment or retention of qualified employees.
(b) Notwithstanding subsection (a), the adjustment in rates
of basic pay for the statutory pay systems that take place in
fiscal year 2017 under sections 5344 and 5348 of title 5, United
States Code, shall be—
(1) not less than the percentage received by employees
in the same location whose rates of basic pay are adjusted
pursuant to the statutory pay systems under sections 5303
and 5304 of title 5, United States Code: Provided, That prevailing rate employees at locations where there are no
employees whose pay is increased pursuant to sections 5303
and 5304 of title 5, United States Code, and prevailing rate
employees described in section 5343(a)(5) of title 5, United
States Code, shall be considered to be located in the pay locality
designated as ‘‘Rest of United States’’ pursuant to section 5304
of title 5, United States Code, for purposes of this subsection;
and
(2) effective as of the first day of the first applicable pay
period beginning after September 30, 2016.
SEC. 738. (a) The Vice President may not receive a pay raise
in calendar year 2017, notwithstanding the rate adjustment made
under section 104 of title 3, United States Code, or any other
provision of law.
(b) An employee serving in an Executive Schedule position,
or in a position for which the rate of pay is fixed by statute
at an Executive Schedule rate, may not receive a pay rate increase
in calendar year 2017, notwithstanding schedule adjustments made
under section 5318 of title 5, United States Code, or any other
provision of law, except as provided in subsection (g), (h), or (i).
This subsection applies only to employees who are holding a position
under a political appointment.
(c) A chief of mission or ambassador at large may not receive
a pay rate increase in calendar year 2017, notwithstanding section
401 of the Foreign Service Act of 1980 (Public Law 96–465) or
any other provision of law, except as provided in subsection (g),
(h), or (i).
(d) Notwithstanding sections 5382 and 5383 of title 5, United
States Code, a pay rate increase may not be received in calendar
year 2017 (except as provided in subsection (g), (h), or (i)) by—
(1) a noncareer appointee in the Senior Executive Service
paid a rate of basic pay at or above level IV of the Executive
Schedule; or
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(2) a limited term appointee or limited emergency appointee
in the Senior Executive Service serving under a political
appointment and paid a rate of basic pay at or above level
IV of the Executive Schedule.
(e) Any employee paid a rate of basic pay (including any localitybased payments under section 5304 of title 5, United States Code,
or similar authority) at or above level IV of the Executive Schedule
who serves under a political appointment may not receive a pay
rate increase in calendar year 2017, notwithstanding any other
provision of law, except as provided in subsection (g), (h), or (i).
This subsection does not apply to employees in the General Schedule
pay system or the Foreign Service pay system, or to employees
appointed under section 3161 of title 5, United States Code, or
to employees in another pay system whose position would be classified at GS–15 or below if chapter 51 of title 5, United States
Code, applied to them.
(f) Nothing in subsections (b) through (e) shall prevent
employees who do not serve under a political appointment from
receiving pay increases as otherwise provided under applicable law.
(g) A career appointee in the Senior Executive Service who
receives a Presidential appointment and who makes an election
to retain Senior Executive Service basic pay entitlements under
section 3392 of title 5, United States Code, is not subject to this
section.
(h) A member of the Senior Foreign Service who receives a
Presidential appointment to any position in the executive branch
and who makes an election to retain Senior Foreign Service pay
entitlements under section 302(b) of the Foreign Service Act of
1980 (Public Law 96–465) is not subject to this section.
(i) Notwithstanding subsections (b) through (e), an employee
in a covered position may receive a pay rate increase upon an
authorized movement to a different covered position with higherlevel duties and a pre-established higher level or range of pay,
except that any such increase must be based on the rates of pay
and applicable pay limitations in effect on December 31, 2013.
(j) Notwithstanding any other provision of law, for an individual
who is newly appointed to a covered position during the period
of time subject to this section, the initial pay rate shall be based
on the rates of pay and applicable pay limitations in effect on
December 31, 2013.
(k) If an employee affected by subsections (b) through (e) is
subject to a biweekly pay period that begins in calendar year
2017 but ends in calendar year 2018, the bar on the employee’s
receipt of pay rate increases shall apply through the end of that
pay period.
SEC. 739. (a) The head of any Executive branch department,
agency, board, commission, or office funded by this or any other
appropriations Act shall submit annual reports to the Inspector
General or senior ethics official for any entity without an Inspector
General, regarding the costs and contracting procedures related
to each conference held by any such department, agency, board,
commission, or office during fiscal year 2017 for which the cost
to the United States Government was more than $100,000.
(b) Each report submitted shall include, for each conference
described in subsection (a) held during the applicable period—
(1) a description of its purpose;
(2) the number of participants attending;
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Reports.
Deadline.
Contracts.
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Deadline.
Notification.
Grants.
Contracts.
Contracts.
Grants.
Confidentiality
agreements.
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(3) a detailed statement of the costs to the United States
Government, including—
(A) the cost of any food or beverages;
(B) the cost of any audio-visual services;
(C) the cost of employee or contractor travel to and
from the conference; and
(D) a discussion of the methodology used to determine
which costs relate to the conference; and
(4) a description of the contracting procedures used
including—
(A) whether contracts were awarded on a competitive
basis; and
(B) a discussion of any cost comparison conducted by
the departmental component or office in evaluating potential contractors for the conference.
(c) Within 15 days after the end of a quarter, the head of
any such department, agency, board, commission, or office shall
notify the Inspector General or senior ethics official for any entity
without an Inspector General, of the date, location, and number
of employees attending a conference held by any Executive branch
department, agency, board, commission, or office funded by this
or any other appropriations Act during fiscal year 2017 for which
the cost to the United States Government was more than $20,000.
(d) A grant or contract funded by amounts appropriated by
this or any other appropriations Act may not be used for the
purpose of defraying the costs of a conference described in subsection (c) that is not directly and programmatically related to
the purpose for which the grant or contract was awarded, such
as a conference held in connection with planning, training, assessment, review, or other routine purposes related to a project funded
by the grant or contract.
(e) None of the funds made available in this or any other
appropriations Act may be used for travel and conference activities
that are not in compliance with Office of Management and Budget
Memorandum M–12–12 dated May 11, 2012 or any subsequent
revisions to that memorandum.
SEC. 740. None of the funds made available in this or any
other appropriations Act may be used to increase, eliminate, or
reduce funding for a program, project, or activity as proposed in
the President’s budget request for a fiscal year until such proposed
change is subsequently enacted in an appropriation Act, or unless
such change is made pursuant to the reprogramming or transfer
provisions of this or any other appropriations Act.
SEC. 741. None of the funds made available by this or any
other Act may be used to implement, administer, enforce, or apply
the rule entitled ‘‘Competitive Area’’ published by the Office of
Personnel Management in the Federal Register on April 15, 2008
(73 Fed. Reg. 20180 et seq.).
SEC. 742. None of the funds appropriated or otherwise made
available by this or any other Act may be used to begin or announce
a study or public-private competition regarding the conversion to
contractor performance of any function performed by Federal
employees pursuant to Office of Management and Budget Circular
A–76 or any other administrative regulation, directive, or policy.
SEC. 743. (a) None of the funds appropriated or otherwise
made available by this or any other Act may be available for
a contract, grant, or cooperative agreement with an entity that
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requires employees or contractors of such entity seeking to report
fraud, waste, or abuse to sign internal confidentiality agreements
or statements prohibiting or otherwise restricting such employees
or contractors from lawfully reporting such waste, fraud, or abuse
to a designated investigative or law enforcement representative
of a Federal department or agency authorized to receive such
information.
(b) The limitation in subsection (a) shall not contravene requirements applicable to Standard Form 312, Form 4414, or any other
form issued by a Federal department or agency governing the
nondisclosure of classified information.
SEC. 744. (a) No funds appropriated in this or any other Act
may be used to implement or enforce the agreements in Standard
Forms 312 and 4414 of the Government or any other nondisclosure
policy, form, or agreement if such policy, form, or agreement does
not contain the following provisions: ‘‘These provisions are consistent with and do not supersede, conflict with, or otherwise alter
the employee obligations, rights, or liabilities created by existing
statute or Executive order relating to: (1) classified information;
(2) communications to Congress; (3) the reporting to an Inspector
General of a violation of any law, rule, or regulation, or mismanagement, a gross waste of funds, an abuse of authority, or a substantial
and specific danger to public health or safety; or (4) any other
whistleblower protection. The definitions, requirements, obligations,
rights, sanctions, and liabilities created by controlling Executive
orders and statutory provisions are incorporated into this agreement
and are controlling.’’: Provided, That notwithstanding the preceding
provision of this section, a nondisclosure policy form or agreement
that is to be executed by a person connected with the conduct
of an intelligence or intelligence-related activity, other than an
employee or officer of the United States Government, may contain
provisions appropriate to the particular activity for which such
document is to be used. Such form or agreement shall, at a minimum, require that the person will not disclose any classified
information received in the course of such activity unless specifically
authorized to do so by the United States Government. Such nondisclosure forms shall also make it clear that they do not bar
disclosures to Congress, or to an authorized official of an executive
agency or the Department of Justice, that are essential to reporting
a substantial violation of law.
(b) A nondisclosure agreement may continue to be implemented
and enforced notwithstanding subsection (a) if it complies with
the requirements for such agreement that were in effect when
the agreement was entered into.
(c) No funds appropriated in this or any other Act may be
used to implement or enforce any agreement entered into during
fiscal year 2014 which does not contain substantially similar language to that required in subsection (a).
SEC. 745. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
has any unpaid Federal tax liability that has been assessed, for
which all judicial and administrative remedies have been exhausted
or have lapsed, and that is not being paid in a timely manner
pursuant to an agreement with the authority responsible for collecting the tax liability, where the awarding agency is aware of
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Nondisclosure
agreements.
Corporations.
Taxes.
PUBL031
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Corporations.
Law enforcement
and crime.
Time period.
Notification.
Public
information.
Web posting.
Time period.
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the unpaid tax liability, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 746. None of the funds made available by this or any
other Act may be used to enter into a contract, memorandum
of understanding, or cooperative agreement with, make a grant
to, or provide a loan or loan guarantee to, any corporation that
was convicted of a felony criminal violation under any Federal
law within the preceding 24 months, where the awarding agency
is aware of the conviction, unless a Federal agency has considered
suspension or debarment of the corporation and has made a determination that this further action is not necessary to protect the
interests of the Government.
SEC. 747. (a) During fiscal year 2017, on the date on which
a request is made for a transfer of funds in accordance with section
1017 of Public Law 111–203, the Bureau of Consumer Financial
Protection shall notify the Committees on Appropriations of the
House of Representatives and the Senate, the Committee on Financial Services of the House of Representatives, and the Committee
on Banking, Housing, and Urban Affairs of the Senate of such
request.
(b) Any notification required by this section shall be made
available on the Bureau’s public Web site.
SEC. 748. (a) None of the funds made available under this
or any other Act may be used to—
(1) implement, administer, carry out, modify, revise, or
enforce Executive Order 13690, entitled ‘‘Establishing a Federal
Flood Risk Management Standard and a Process for Further
Soliciting and Considering Stakeholder Input’’ (issued January
30, 2015), other than for—
(A) acquiring, managing, or disposing of Federal lands
and facilities;
(B) providing Federally undertaken, financed, or
assisted construction or improvements; or
(C) conducting Federal activities or programs affecting
land use, including water and related land resources planning, regulating, and licensing activities;
(2) implement Executive Order 13690 in a manner that
modifies the non-grant components of the National Flood Insurance Program; or
(3) apply Executive Order 13690 or the Federal Flood Risk
Management Standard by any component of the Department
of Defense, including the Army Corps of Engineers in a way
that changes the ‘‘floodplain’’ considered when determining
whether or not to issue a Department of the Army permit
under section 404 of the Clean Water Act or section 10 of
the Rivers and Harbors Act.
(b) Subsection (a) of this section shall not be in effect during
the period beginning on October 1, 2017 and ending on September
30, 2018.
SEC. 749. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in any title other than title IV or VIII
shall not apply to such title IV or VIII.
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PUBL031
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131 STAT. 391
TITLE VIII
GENERAL PROVISIONS—DISTRICT OF COLUMBIA
(INCLUDING TRANSFERS OF FUNDS)
SEC. 801. There are appropriated from the applicable funds
of the District of Columbia such sums as may be necessary for
making refunds and for the payment of legal settlements or judgments that have been entered against the District of Columbia
government.
SEC. 802. None of the Federal funds provided in this Act shall
be used for publicity or propaganda purposes or implementation
of any policy including boycott designed to support or defeat legislation pending before Congress or any State legislature.
SEC. 803. (a) None of the Federal funds provided under this
Act to the agencies funded by this Act, both Federal and District
government agencies, that remain available for obligation or
expenditure in fiscal year 2017, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the agencies funded by this Act, shall be available for obligation or expenditures for an agency through a reprogramming of funds which—
(1) creates new programs;
(2) eliminates a program, project, or responsibility center;
(3) establishes or changes allocations specifically denied,
limited or increased under this Act;
(4) increases funds or personnel by any means for any
program, project, or responsibility center for which funds have
been denied or restricted;
(5) re-establishes any program or project previously
deferred through reprogramming;
(6) augments any existing program, project, or responsibility center through a reprogramming of funds in excess of
$3,000,000 or 10 percent, whichever is less; or
(7) increases by 20 percent or more personnel assigned
to a specific program, project or responsibility center,
unless prior approval is received from the Committees on Appropriations of the House of Representatives and the Senate.
(b) The District of Columbia government is authorized to
approve and execute reprogramming and transfer requests of local
funds under this title through November 7, 2017.
SEC. 804. None of the Federal funds provided in this Act may
be used by the District of Columbia to provide for salaries, expenses,
or other costs associated with the offices of United States Senator
or United States Representative under section 4(d) of the District
of Columbia Statehood Constitutional Convention Initiatives of 1979
(D.C. Law 3–171; D.C. Official Code, sec. 1–123).
SEC. 805. Except as otherwise provided in this section, none
of the funds made available by this Act or by any other Act may
be used to provide any officer or employee of the District of
Columbia with an official vehicle unless the officer or employee
uses the vehicle only in the performance of the officer’s or employee’s
official duties. For purposes of this section, the term ‘‘official duties’’
does not include travel between the officer’s or employee’s residence
and workplace, except in the case of—
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Lobbying.
Definition.
PUBL031
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Voting
representation.
Needle
distribution.
Contraception.
Conscience
clause.
Drugs and drug
abuse.
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(1) an officer or employee of the Metropolitan Police Department who resides in the District of Columbia or is otherwise
designated by the Chief of the Department;
(2) at the discretion of the Fire Chief, an officer or employee
of the District of Columbia Fire and Emergency Medical Services Department who resides in the District of Columbia and
is on call 24 hours a day;
(3) at the discretion of the Director of the Department
of Corrections, an officer or employee of the District of Columbia
Department of Corrections who resides in the District of
Columbia and is on call 24 hours a day;
(4) at the discretion of the Chief Medical Examiner, an
officer or employee of the Office of the Chief Medical Examiner
who resides in the District of Columbia and is on call 24
hours a day;
(5) at the discretion of the Director of the Homeland Security and Emergency Management Agency, an officer or
employee of the Homeland Security and Emergency Management Agency who resides in the District of Columbia and
is on call 24 hours a day;
(6) the Mayor of the District of Columbia; and
(7) the Chairman of the Council of the District of Columbia.
SEC. 806. (a) None of the Federal funds contained in this
Act may be used by the District of Columbia Attorney General
or any other officer or entity of the District government to provide
assistance for any petition drive or civil action which seeks to
require Congress to provide for voting representation in Congress
for the District of Columbia.
(b) Nothing in this section bars the District of Columbia
Attorney General from reviewing or commenting on briefs in private
lawsuits, or from consulting with officials of the District government
regarding such lawsuits.
SEC. 807. None of the Federal funds contained in this Act
may be used to distribute any needle or syringe for the purpose
of preventing the spread of blood borne pathogens in any location
that has been determined by the local public health or local law
enforcement authorities to be inappropriate for such distribution.
SEC. 808. Nothing in this Act may be construed to prevent
the Council or Mayor of the District of Columbia from addressing
the issue of the provision of contraceptive coverage by health insurance plans, but it is the intent of Congress that any legislation
enacted on such issue should include a ‘‘conscience clause’’ which
provides exceptions for religious beliefs and moral convictions.
SEC. 809. (a) None of the Federal funds contained in this
Act may be used to enact or carry out any law, rule, or regulation
to legalize or otherwise reduce penalties associated with the possession, use, or distribution of any schedule I substance under the
Controlled Substances Act (21 U.S.C. 801 et seq.) or any
tetrahydrocannabinols derivative.
(b) No funds available for obligation or expenditure by the
District of Columbia government under any authority may be used
to enact any law, rule, or regulation to legalize or otherwise reduce
penalties associated with the possession, use, or distribution of
any schedule I substance under the Controlled Substances Act
(21 U.S.C. 801 et seq.) or any tetrahydrocannabinols derivative
for recreational purposes.
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131 STAT. 393
SEC. 810. No funds available for obligation or expenditure by
the District of Columbia government under any authority shall
be expended for any abortion except where the life of the mother
would be endangered if the fetus were carried to term or where
the pregnancy is the result of an act of rape or incest.
SEC. 811. (a) No later than 30 calendar days after the date
of the enactment of this Act, the Chief Financial Officer for the
District of Columbia shall submit to the appropriate committees
of Congress, the Mayor, and the Council of the District of Columbia,
a revised appropriated funds operating budget in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42), for all agencies of the District
of Columbia government for fiscal year 2017 that is in the total
amount of the approved appropriation and that realigns all budgeted data for personal services and other-than-personal services,
respectively, with anticipated actual expenditures.
(b) This section shall apply only to an agency for which the
Chief Financial Officer for the District of Columbia certifies that
a reallocation is required to address unanticipated changes in program requirements.
SEC. 812. No later than 30 calendar days after the date of
the enactment of this Act, the Chief Financial Officer for the District
of Columbia shall submit to the appropriate committees of Congress,
the Mayor, and the Council for the District of Columbia, a revised
appropriated funds operating budget for the District of Columbia
Public Schools that aligns schools budgets to actual enrollment.
The revised appropriated funds budget shall be in the format of
the budget that the District of Columbia government submitted
pursuant to section 442 of the District of Columbia Home Rule
Act (D.C. Official Code, sec. 1–204.42).
SEC. 813. (a) Amounts appropriated in this Act as operating
funds may be transferred to the District of Columbia’s enterprise
and capital funds and such amounts, once transferred, shall retain
appropriation authority consistent with the provisions of this Act.
(b) The District of Columbia government is authorized to
reprogram or transfer for operating expenses any local funds transferred or reprogrammed in this or the four prior fiscal years from
operating funds to capital funds, and such amounts, once transferred or reprogrammed, shall retain appropriation authority consistent with the provisions of this Act.
(c) The District of Columbia government may not transfer or
reprogram for operating expenses any funds derived from bonds,
notes, or other obligations issued for capital projects.
SEC. 814. None of the Federal funds appropriated in this Act
shall remain available for obligation beyond the current fiscal year,
nor may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 815. Except as otherwise specifically provided by law
or under this Act, not to exceed 50 percent of unobligated balances
remaining available at the end of fiscal year 2017 from appropriations of Federal funds made available for salaries and expenses
for fiscal year 2017 in this Act, shall remain available through
September 30, 2018, for each such account for the purposes authorized: Provided, That a request shall be submitted to the Committees
on Appropriations of the House of Representatives and the Senate
for approval prior to the expenditure of such funds: Provided further,
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Abortion.
Deadline.
Application.
Certification.
Deadline.
Approval request.
PUBL031
131 STAT. 394
PUBLIC LAW 115–31—MAY 5, 2017
That these requests shall be made in compliance with reprogramming guidelines outlined in section 803 of this Act.
SEC. 816. (a)(1) During fiscal year 2018, during a period in
which neither a District of Columbia continuing resolution or a
regular District of Columbia appropriation bill is in effect, local
funds are appropriated in the amount provided for any project
or activity for which local funds are provided in the Act referred
to in paragraph (2) (subject to any modifications enacted by the
District of Columbia as of the beginning of the period during which
this subsection is in effect) at the rate set forth by such Act.
(2) The Act referred to in this paragraph is the Act of the
Council of the District of Columbia pursuant to which a proposed
budget is approved for fiscal year 2018 which (subject to the requirements of the District of Columbia Home Rule Act) will constitute
the local portion of the annual budget for the District of Columbia
government for fiscal year 2018 for purposes of section 446 of
the District of Columbia Home Rule Act (sec. 1–204.46, D.C. Official
Code).
(b) Appropriations made by subsection (a) shall cease to be
available—
(1) during any period in which a District of Columbia
continuing resolution for fiscal year 2018 is in effect; or
(2) upon the enactment into law of the regular District
of Columbia appropriation bill for fiscal year 2018.
(c) An appropriation made by subsection (a) is provided under
the authority and conditions as provided under this Act and shall
be available to the extent and in the manner that would be provided
by this Act.
(d) An appropriation made by subsection (a) shall cover all
obligations or expenditures incurred for such project or activity
during the portion of fiscal year 2018 for which this section applies
to such project or activity.
(e) This section shall not apply to a project or activity during
any period of fiscal year 2018 if any other provision of law (other
than an authorization of appropriations)—
(1) makes an appropriation, makes funds available, or
grants authority for such project or activity to continue for
such period; or
(2) specifically provides that no appropriation shall be
made, no funds shall be made available, or no authority shall
be granted for such project or activity to continue for such
period.
(f) Nothing in this section shall be construed to affect obligations
of the government of the District of Columbia mandated by other
law.
SEC. 817. Except as expressly provided otherwise, any reference
to ‘‘this Act’’ contained in this title or in title IV shall be treated
as referring only to the provisions of this title or of title IV.
Scholarships for
Opportunity and
Results
Reauthorization
Act.
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TITLE IX—SOAR REAUTHORIZATION
SHORT TITLE; REFERENCES IN TITLE
SEC. 901. (a) SHORT TITLE.—This title may be cited as the
‘‘Scholarships for Opportunity and Results Reauthorization Act’’
or the ‘‘SOAR Reauthorization Act’’.
(b) REFERENCES IN ACT.—Except as otherwise expressly provided, whenever in this title an amendment is expressed in terms
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131 STAT. 395
of an amendment to or repeal of a section or other provision,
the reference shall be considered to be made to that section or
other provision of the Scholarships for Opportunity and Results
Act (division C of Public Law 112–10; sec. 38–1853.01 et seq.,
D.C. Official Code).
REPEAL
SEC. 902. Section 817 of the Consolidated Appropriations Act,
2016 (Public Law 114–113) is repealed, and any provision of law
amended or repealed by such section is restored or revived as
if such section had not been enacted into law.
129 Stat. 2491.
PURPOSES
SEC. 903. Section 3003 (sec. 38–1853.03, D.C. Official Code)
is amended by striking ‘‘particularly parents’’ and all that follows
through ‘‘, with’’ and inserting ‘‘particularly parents of students
who attend an elementary school or secondary school identified
as one of the lowest-performing schools under the District of Columbia’s accountability system, with’’.
PROHIBITING IMPOSITION OF LIMITS ON TYPES OF ELIGIBLE STUDENTS
PARTICIPATING IN THE PROGRAM
SEC. 904. Section 3004(a) (sec. 38–1853.04(a), D.C. Official
Code) is amended by adding at the end the following:
‘‘(3) PROHIBITING IMPOSITION OF LIMITS ON ELIGIBLE STUDENTS PARTICIPATING IN THE PROGRAM.—
‘‘(A) IN GENERAL.—In carrying out the program under
this division, the Secretary may not limit the number of
eligible students receiving scholarships under section
3007(a), and may not prevent otherwise eligible students
from participating in the program under this division,
based on any of the following:
‘‘(i) The type of school the student previously
attended.
‘‘(ii) Whether or not the student previously received
a scholarship or participated in the program, including
whether an eligible student was awarded a scholarship
in any previous year but has not used the scholarship,
regardless of the number of years of nonuse.
‘‘(iii) Whether or not the student was a member
of the control group used by the Institute of Education
Sciences to carry out previous evaluations of the program under section 3009.
‘‘(B) RULE OF CONSTRUCTION.—Nothing in subparagraph (A) may be construed to waive the requirement under
section 3005(b)(1)(B) that the eligible entity carrying out
the program under this Act must carry out a random
selection process, which gives weight to the priorities
described in section 3006, if more eligible students seek
admission in the program than the program can accommodate.’’.
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PUBLIC LAW 115–31—MAY 5, 2017
REQUIRING ELIGIBLE ENTITIES TO UTILIZE INTERNAL FISCAL AND
QUALITY CONTROLS
SEC. 905. Section 3005(b)(1) (sec. 38–1853.05(b)(1), D.C. Official
Code) is amended—
(1) in subparagraph (I), by striking ‘‘, except that a participating school may not be required to submit to more than
1 site visit per school year’’;
(2) by redesignating subparagraphs (K) and (L) as subparagraphs (L) and (M), respectively;
(3) by inserting after subparagraph (J) the following:
‘‘(K) how the entity will ensure the financial viability
of participating schools in which 85 percent or more of
the total number of students enrolled at the school are
participating eligible students that receive and use an
opportunity scholarship;’’;
(4) in subparagraph (L), as redesignated by paragraph (2),
by striking ‘‘and’’ at the end; and
(5) by adding at the end the following:
‘‘(N) how the eligible entity will ensure that it—
‘‘(i) utilizes internal fiscal and quality controls;
and
‘‘(ii) complies with applicable financial reporting
requirements and the requirements of this division;
and’’.
CLARIFICATION OF PRIORITIES FOR AWARDING SCHOLARSHIPS TO
ELIGIBLE STUDENTS
SEC. 906. Section 3006(1) (sec. 38–1853.06(1), D.C. Official
Code) is amended—
(1) in subparagraph (A), by striking ‘‘attended’’ and all
that follows through the semicolon and inserting ‘‘attended
an elementary school or secondary school identified as one
of the lowest-performing schools under the District of Columbia’s accountability system; and’’;
(2) by striking subparagraph (B);
(3) by redesignating subparagraph (C) as subparagraph
(B); and
(4) in subparagraph (B), as redesignated by paragraph
(3), by striking the semicolon at the end and inserting ‘‘or
whether such students have, in the past, attended a private
school;’’.
MODIFICATION OF REQUIREMENTS FOR PARTICIPATING SCHOOLS AND
ELIGIBLE ENTITIES
SEC. 907. (a) CRIMINAL BACKGROUND CHECKS; COMPLIANCE
WITH REPORTING REQUIREMENTS.—Section 3007(a)(4) (sec. 38–
1853.07(a)(4), D.C. Official Code) is amended—
(1) in subparagraph (E), by striking ‘‘and’’ at the end;
(2) by striking subparagraph (F) and inserting the following:
‘‘(F) ensures that, with respect to core subject matter,
participating students are taught by a teacher who has
a baccalaureate degree or equivalent degree, whether such
degree was awarded in or outside of the United States;’’;
and
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(3) by adding at the end the following:
‘‘(G) conducts criminal background checks on school
employees who have direct and unsupervised interaction
with students; and
‘‘(H) complies with all requests for data and information regarding the reporting requirements described in section 3010.’’.
(b) ACCREDITATION.—Section 3007(a) (sec. 38–1853.07(a), D.C.
Official Code), as amended by subsection (a), is further amended—
(1) in paragraph (1), by striking ‘‘paragraphs (2) and (3)’’
and inserting ‘‘paragraphs (2), (3), and (5)’’; and
(2) by adding at the end the following:
‘‘(5) ACCREDITATION REQUIREMENTS.—
‘‘(A) IN GENERAL.—None of the funds provided under
this division for opportunity scholarships may be used by
a participating eligible student to enroll in a participating
private school unless the school—
‘‘(i) in the case of a school that is a participating
school as of the date of enactment of the SOAR
Reauthorization Act—
‘‘(I) is fully accredited by an accrediting body
described in any of subparagraphs (A) through
(G) of section 2202(16) of the District of Columbia
School Reform Act of 1995 (Public Law 104–134;
sec. 38–1802.02(16)(A)–(G), D.C. Official Code); or
‘‘(II) if such participating school does not meet
the requirements of subclause (I)—
‘‘(aa) not later than 1 year after the date
of enactment of the Consolidated Appropriations Act, 2016 (Public Law 114–113), the
school is pursuing full accreditation by an
accrediting body described in subclause (I);
and
‘‘(bb) is fully accredited by such an accrediting body not later than 5 years after the
date on which that school began the process
of pursuing full accreditation in accordance
with item (aa); and
‘‘(ii) in the case of a school that is not a participating school as of the date of enactment of the SOAR
Reauthorization Act, is fully accredited by an accrediting body described in clause (i)(I) before becoming
a participating school under this division.
‘‘(B) REPORTS TO ELIGIBLE ENTITY.—Not later than 5
years after the date of enactment of the SOAR Reauthorization Act, each participating school shall submit to the
eligible entity a certification that the school has been fully
accredited in accordance with subparagraph (A).
‘‘(C) ASSISTING STUDENTS IN ENROLLING IN OTHER
SCHOOLS.—If a participating school fails to meet the
requirements of this paragraph, the eligible entity shall
assist the parents of the participating eligible students
who attend the school in identifying, applying to, and
enrolling in another participating school under this division.
‘‘(6) TREATMENT OF STUDENTS AWARDED A SCHOLARSHIP IN
A PREVIOUS YEAR.—An eligible entity shall treat a participating
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Certification.
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Study.
Deadline.
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eligible student who was awarded an opportunity scholarship
in any previous year and who has not used the scholarship
as a renewal student and not as a new applicant, without
regard as to—
‘‘(A) whether the eligible student has used the scholarship; and
‘‘(B) the year in which the scholarship was previously
awarded.’’.
(c) USE OF FUNDS FOR ADMINISTRATIVE EXPENSES AND
PARENTAL ASSISTANCE.—
(1) IN GENERAL.—Section 3007 (sec. 38–1853.07, D.C. Official Code) is amended—
(A) by striking subsections (b) and (c) and inserting
the following:
‘‘(b) ADMINISTRATIVE EXPENSES AND PARENTAL ASSISTANCE.—
The Secretary shall make $2,000,000 of the amount made available
under section 3014(a)(1) for each fiscal year available to eligible
entities receiving a grant under section 3004(a) to cover the following expenses:
‘‘(1) The administrative expenses of carrying out its program under this division during the year, including—
‘‘(A) determining the eligibility of students to participate;
‘‘(B) selecting the eligible students to receive scholarships;
‘‘(C) determining the amount of the scholarships and
issuing the scholarships to eligible students;
‘‘(D) compiling and maintaining financial and programmatic records;
‘‘(E) conducting site visits as described in section
3005(b)(1)(I); and
‘‘(F)(i) conducting a study, including a survey of participating parents, on any barriers for participating eligible
students in gaining admission to, or attending, the participating school that is their first choice; and
‘‘(ii) not later than the end of the first full fiscal year
after the date of enactment of the SOAR Reauthorization
Act, submitting a report to Congress that contains the
results of such study.
‘‘(2) The expenses of educating parents about the eligible
entity’s program under this division, and assisting parents
through the application process under this division, including—
‘‘(A) providing information about the program and the
participating schools to parents of eligible students,
including information on supplemental financial aid that
may be available at participating schools;
‘‘(B) providing funds to assist parents of students in
meeting expenses that might otherwise preclude the
participation of eligible students in the program; and
‘‘(C) streamlining the application process for parents.’’;
(B) by redesignating subsection (d) as subsection (c);
and
(C) by redesignating subsection (e), as added by section
162(b) of the Continuing Appropriations Act, 2017 (division
C of Public Law 114–223, as amended by section 101(3)
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of the Further Continuing and Security Assistance Appropriations Act, 2017 (Public Law 114–254)), as subsection
(d).
(2) CONFORMING AMENDMENT.—Section 3007(d) (sec. 38–
1853.07(d), D.C. Official Code), as redesignated by paragraph
(1)(C), is amended by striking ‘‘subsections (b), (c), and (d)’’
each place it appears in paragraphs (2)(B) and (3) and inserting
‘‘subsections (b) and (c)’’.
(d) CLARIFICATION OF USE OF FUNDS FOR STUDENT ACADEMIC
ASSISTANCE.—Section 3007(c) (sec. 38–1853.07(c), D.C. Official
Code), as redesignated by subsection (c)(1)(B), is amended by
striking ‘‘previously attended’’ and all that follows through the
period at the end and inserting ‘‘previously attended an elementary
school or secondary school identified as one of the lowest-performing
schools under the District of Columbia’s accountability system.’’.
PROGRAM EVALUATION
SEC. 908. (a) REVISION OF EVALUATION PROCEDURES AND
REQUIREMENTS.—
(1) IN GENERAL.—Section 3009(a) (sec. 38–1853.09(a), D.C.
Official Code) is amended to read as follows:
‘‘(a) IN GENERAL.—
‘‘(1) DUTIES OF THE SECRETARY AND THE MAYOR.—The Secretary and the Mayor of the District of Columbia shall—
‘‘(A) jointly enter into an agreement with the Institute
of Education Sciences of the Department of Education to
evaluate annually the opportunity scholarship program
under this division;
‘‘(B) jointly enter into an agreement to monitor and
evaluate the use of funds authorized and appropriated
for the District of Columbia public schools and the District
of Columbia public charter schools under this division;
and
‘‘(C) make the evaluations described in subparagraphs
(A) and (B) public in accordance with subsection (c).
‘‘(2) DUTIES OF THE SECRETARY.—The Secretary, through
a grant, contract, or cooperative agreement, shall—
‘‘(A) ensure that the evaluation under paragraph
(1)(A)—
‘‘(i) is conducted using an acceptable quasi-experimental research design for determining the effectiveness of the opportunity scholarship program under this
division that does not use a control study group consisting of students who applied for but did not receive
opportunity scholarships; and
‘‘(ii) addresses the issues described in paragraph
(4); and
‘‘(B) disseminate information on the impact of the program—
‘‘(i) on academic achievement and educational
attainment of participating eligible students who use
an opportunity scholarship; and
‘‘(ii) on students and schools in the District of
Columbia.
‘‘(3) DUTIES OF THE INSTITUTE ON EDUCATION SCIENCES.—
The Institute of Education Sciences of the Department of Education shall—
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PUBLIC LAW 115–31—MAY 5, 2017
‘‘(A) assess participating eligible students who use an
opportunity scholarship in each of grades 3 through 8,
as well as one of the grades at the high school level,
by supervising the administration of the same reading and
mathematics assessment used by the District of Columbia
public schools to comply with section 1111(b) of the
Elementary and Secondary Education Act of 1965 (20
U.S.C. 6311(b));
‘‘(B) measure the academic achievement of all participating eligible students who use an opportunity scholarship
in the grades described in subparagraph (A); and
‘‘(C) work with eligible entities receiving a grant under
this division to ensure that the parents of each student
who is a participating eligible student that uses an opportunity scholarship agrees to permit their child to participate
in the evaluations and assessments carried out by the
Institute of Education Sciences under this subsection.
‘‘(4) ISSUES TO BE EVALUATED.—The issues to be evaluated
under paragraph (1)(A) shall include the following:
‘‘(A) A comparison of the academic achievement of
participating eligible students who use an opportunity
scholarship on the measurements described in paragraph
(3)(B) to the academic achievement of a comparison group
of students with similar backgrounds in the District of
Columbia public schools and the District of Columbia public
charter schools.
‘‘(B) The success of the program under this division
in expanding choice options for parents of participating
eligible students and increasing the satisfaction of such
parents and students with their choice.
‘‘(C) The reasons parents of participating eligible students choose for their children to participate in the program, including important characteristics for selecting
schools.
‘‘(D) A comparison of the retention rates, high school
graduation rates, college enrollment rates, college persistence rates, and college graduation rates of participating
eligible students who use an opportunity scholarship with
the rates of students in the comparison group described
in subparagraph (A).
‘‘(E) A comparison of the college enrollment rates, college persistence rates, and college graduation rates of students who participated in the program in 2004, 2005, 2011,
2012, 2013, 2014, and 2015 as the result of winning the
Opportunity Scholarship Program lottery with such enrollment, persistence, and graduation rates for students who
entered but did not win such lottery in those years and
who, as a result, served as the control group for previous
evaluations of the program under this division. Nothing
in this subparagraph may be construed to waive section
3004(a)(3)(A)(iii) with respect to any such student.
‘‘(F) A comparison of the safety of the schools attended
by participating eligible students who use an opportunity
scholarship and the schools in the District of Columbia
attended by students in the comparison group described
in subparagraph (A), based on the perceptions of the students and parents.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 401
‘‘(G) An assessment of student academic achievement
at participating schools in which 85 percent of the total
number of students enrolled at the school are participating
eligible students who receive and use an opportunity scholarship.
‘‘(H) Such other issues with respect to participating
eligible students who use an opportunity scholarship as
the Secretary considers appropriate for inclusion in the
evaluation, such as the impact of the program on public
elementary schools and secondary schools in the District
of Columbia.
‘‘(5) PROHIBITING DISCLOSURE OF PERSONAL INFORMATION.—
‘‘(A) IN GENERAL.—Any disclosure of personally identifiable information obtained under this division shall be in
compliance with section 444 of the General Education
Provisions Act (commonly known as the ‘Family Educational Rights and Privacy Act of 1974’) (20 U.S.C. 1232g).
‘‘(B) STUDENTS NOT ATTENDING PUBLIC SCHOOL.—With
respect to any student who is not attending a public
elementary school or secondary school, personally identifiable information obtained under this division shall only
be disclosed to—
‘‘(i) individuals carrying out the evaluation
described in paragraph (1)(A) for such student;
‘‘(ii) the group of individuals providing information
for carrying out the evaluation of such student; and
‘‘(iii) the parents of such student.’’.
(2) TRANSITION OF EVALUATION.—
(A) TERMINATION OF PREVIOUS EVALUATIONS.—The Secretary of Education shall—
(i) terminate the evaluations conducted under section 3009(a) of the Scholarships for Opportunity and
Results Act (sec. 38–1853.09(a), D.C. Official Code),
as in effect on the day before the date of enactment
of this title, after obtaining data for the 2017–2018
school year; and
(ii) submit any reports required for the 2017–2018
school year or preceding years with respect to the
evaluations in accordance with section 3009(b) of such
Act.
(B) NEW EVALUATIONS.—
(i) IN GENERAL.—Effective beginning with respect
to the 2018–2019 school year, the Secretary shall conduct new evaluations in accordance with the provisions
of section 3009(a) of the Scholarships for Opportunity
and Results Act (sec. 38–1853.09(a), D.C. Official
Code), as amended by this title.
(ii) MOST RECENT EVALUATION.—As a component
of the new evaluations described in clause (i), the Secretary shall continue to monitor and evaluate the students who were evaluated in the most recent evaluation under such section prior to the date of enactment
of this title, including by monitoring and evaluating
the test scores and other information of such students.
(b) DUTY OF MAYOR TO ENSURE INSTITUTE HAS ALL INFORMATION NECESSARY TO CARRY OUT EVALUATIONS.—Section 3011(a)(1)
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Effective date.
Time period.
PUBL031
131 STAT. 402
PUBLIC LAW 115–31—MAY 5, 2017
(sec. 38–1853.11(a)(1), D.C. Official Code) is amended to read as
follows:
‘‘(1) INFORMATION NECESSARY TO CARRY OUT EVALUATIONS.—Ensure that all District of Columbia public schools
and District of Columbia public charter schools make available
to the Institute of Education Sciences of the Department of
Education all of the information the Institute requires to carry
out the assessments and perform the evaluations required
under section 3009(a).’’.
FUNDING FOR DISTRICT OF COLUMBIA PUBLIC SCHOOLS AND PUBLIC
CHARTER SCHOOLS
Determination.
Applicability.
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SEC. 909. (a) MANDATORY WITHHOLDING OF FUNDS FOR FAILURE
TO COMPLY WITH CONDITIONS.—Section 3011(b) (sec. 38–1853.11(b),
D.C. Official Code) is amended to read as follows:
‘‘(b) ENFORCEMENT.—If, after reasonable notice and an opportunity for a hearing, the Secretary determines that the Mayor
has failed to comply with any of the requirements of subsection
(a), the Secretary may withhold from the Mayor, in whole or in
part—
‘‘(1) the funds otherwise authorized to be appropriated
under section 3014(a)(2), if the failure to comply relates to
the District of Columbia public schools;
‘‘(2) the funds otherwise authorized to be appropriated
under section 3014(a)(3), if the failure to comply relates to
the District of Columbia public charter schools; or
‘‘(3) the funds otherwise authorized to be appropriated
under both paragraphs (2) and (3) of section 3014(a), if the
failure relates to both the District of Columbia public schools
and the District of Columbia public charter schools.’’.
(b) RULES FOR USE OF FUNDS PROVIDED FOR SUPPORT OF PUBLIC
CHARTER SCHOOLS.—Section 3011 (sec. 38–1853.11, D.C. Official
Code) is amended—
(1) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(2) by inserting after subsection (a) the following new subsection:
‘‘(b) SPECIFIC RULES REGARDING FUNDS PROVIDED FOR SUPPORT
OF PUBLIC CHARTER SCHOOLS.—The following rules shall apply
with respect to the funds provided under this division for the
support of District of Columbia public charter schools:
‘‘(1) The Secretary may direct the funds provided for any
fiscal year, or any portion thereof, to the Office of the State
Superintendent of Education of the District of Columbia.
‘‘(2) The Office of the State Superintendent of Education
of the District of Columbia may transfer the funds to subgrantees that are—
‘‘(A) specific District of Columbia public charter schools
or networks of such schools; or
‘‘(B) District of Columbia-based nonprofit organizations
with experience in successfully providing support or assistance to District of Columbia public charter schools or networks of such schools.
‘‘(3) The funds provided under this division for the support
of District of Columbia public charter schools shall be available
to any District of Columbia public charter school in good
standing with the District of Columbia Charter School Board,
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 403
and the Office of the State Superintendent of Education of
the District of Columbia and the District of Columbia Charter
School Board may not restrict the availability of such funds
to certain types of schools on the basis of the school’s location,
governing body, or the school’s facilities.’’.
REVISION OF CURRENT MEMORANDUM OF UNDERSTANDING
SEC. 910. Not later than the beginning of the 2018–2019 school
year, the Secretary of Education and the Mayor of the District
of Columbia shall revise the memorandum of understanding which
is in effect under section 3012(d) of the Scholarships for Opportunity
and Results Act as of the day before the date of the enactment
of this title to address the following:
(1) The amendments made by this title.
(2) The need to ensure that participating schools under
the Scholarships for Opportunity and Results Act meet fire
code standards and maintain certificates of occupancy.
(3) The need to ensure that District of Columbia public
schools and District of Columbia public charter schools meet
the requirements under such Act to comply with all reasonable
requests for information necessary to carry out the evaluations
required under section 3009(a) of such Act.
Deadline.
Time period.
DEFINITIONS
SEC. 911. Section 3013 (sec. 38–1853.13, D.C. Official Code)
is amended—
(1) by redesignating paragraphs (1) through (10) as paragraphs (2) through (11), respectively;
(2) by inserting before paragraph (2), as redesignated by
paragraph (1), the following:
‘‘(1) CORE SUBJECT MATTER.—The term ‘core subject matter’
means—
‘‘(A) mathematics;
‘‘(B) science; and
‘‘(C) English, reading, or language arts.’’; and
(3) in paragraph (4)(B), as redesignated by paragraph (1),
by inserting ‘‘household with a’’ before ‘‘student’’.
EXTENSION OF AUTHORIZATION OF APPROPRIATIONS
SEC. 912. (a) IN GENERAL.—Section 3014(a) (sec. 38–1853.14,
D.C. Official Code) is amended by striking ‘‘and for each of the
4 succeeding fiscal years’’ and inserting ‘‘and for each fiscal year
through fiscal year 2019’’.
(b) EFFECTIVE DATE.—The amendment made by subsection (a)
shall take effect on September 30, 2016.
EFFECTIVE DATE
SEC. 913. Except as otherwise provided, the amendments made
by this title shall apply with respect to school year 2018–2019
and each succeeding school year.
This division may be cited as the ‘‘Financial Services and General Government Appropriations Act, 2017’’.
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Applicability.
PUBL031
131 STAT. 404
PUBLIC LAW 115–31—MAY 5, 2017
DIVISION F—DEPARTMENT OF HOMELAND SECURITY
APPROPRIATIONS ACT, 2017
Department of
Homeland
Security
Appropriations
Act, 2017.
TITLE I
DEPARTMENTAL MANAGEMENT, OPERATIONS,
INTELLIGENCE, AND OVERSIGHT
OFFICE
OF THE
SECRETARY
AND
EXECUTIVE MANAGEMENT
OPERATIONS AND SUPPORT
Compliance.
For necessary expenses of the Office of the Secretary and for
executive management for operations and support, $137,034,000:
Provided, That not to exceed $40,000 shall be for official reception
and representation expenses: Provided further, That of the funds
provided under this heading, $2,000,000 shall be withheld from
obligation until the Secretary complies with section 107 of this
Act.
MANAGEMENT DIRECTORATE
OPERATIONS AND SUPPORT
For necessary expenses of the Management Directorate for
operations and support, $597,817,000, of which $194,092,000 shall
remain available until September 30, 2018: Provided, That not
to exceed $2,000 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Management Directorate for
procurement, construction, and improvements, $18,839,000, to
remain available until September 30, 2018.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Management Directorate for
research and development, $2,500,000, to remain available until
September 30, 2018.
INTELLIGENCE, ANALYSIS,
AND
OPERATIONS COORDINATION
OPERATIONS AND SUPPORT
For necessary expenses of the Office of Intelligence and Analysis
and the Office of Operations Coordination for operations and support, $263,551,000, of which $106,115,000 shall remain available
until September 30, 2018: Provided, That not to exceed $3,825
shall be for official reception and representation expenses and not
to exceed $2,000,000 is available for facility needs associated with
secure space at fusion centers, including improvements to buildings.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
OFFICE
OF INSPECTOR
131 STAT. 405
GENERAL
OPERATIONS AND SUPPORT
For necessary expenses of the Office of Inspector General for
operations and support, $175,000,000: Provided, That not to exceed
$300,000 may be used for certain confidential operational expenses,
including the payment of informants, to be expended at the direction
of the Inspector General.
ADMINISTRATIVE PROVISIONS
SEC. 101. The Secretary of Homeland Security shall submit
to the Committees on Appropriations of the Senate and the House
of Representatives, at the time the President’s budget proposal
for fiscal year 2018 is submitted pursuant to section 1105(a) of
title 31, United States Code, the Future Years Homeland Security
Program, as authorized by section 874 of Public Law 107–296
(6 U.S.C. 454).
SEC. 102. Not later than 30 days after the last day of each
month, the Chief Financial Officer of the Department of Homeland
Security shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a monthly budget and
staffing report that includes total obligations of the Department
for that month and for the fiscal year at the appropriation and
program, project, and activity levels, by the source year of the
appropriation.
SEC. 103. (a) Notwithstanding section 518 of Public Law 114–
113, the Secretary of Homeland Security shall submit a report
not later than October 15, 2017, to the Inspector General of the
Department of Homeland Security listing all grants and contracts
awarded by any means other than full and open competition during
fiscal years 2016 and 2017.
(b) The Inspector General shall review the report required
by subsection (a) to assess departmental compliance with applicable
laws and regulations and report the results of that review to the
Committees on Appropriations of the Senate and the House of
Representatives not later than February 15, 2018.
SEC. 104. The Secretary of Homeland Security shall require
that all contracts of the Department of Homeland Security that
provide award fees link such fees to successful acquisition outcomes,
which shall be specified in terms of cost, schedule, and performance.
SEC. 105. The Secretary of Homeland Security, in consultation
with the Secretary of the Treasury, shall notify the Committees
on Appropriations of the Senate and the House of Representatives
of any proposed transfers of funds available under section
9703(g)(4)(B) of title 31, United States Code (as added by Public
Law 102–393) from the Department of the Treasury Forfeiture
Fund to any agency within the Department of Homeland Security:
Provided, That none of the funds identified for such a transfer
may be obligated until the Committees on Appropriations of the
Senate and the House of Representatives are notified of the proposed transfers.
SEC. 106. All official costs associated with the use of Government aircraft by Department of Homeland Security personnel to
support official travel of the Secretary and the Deputy Secretary
shall be paid from amounts made available for the Office of the
Secretary.
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Deadline.
Reports.
Reports.
Deadlines.
Review.
Assessment.
Contracts.
Fees.
Consultation.
Notification.
PUBL031
131 STAT. 406
Deadline.
Reports.
Visa data.
Web posting.
Deadlines.
Certification.
PUBLIC LAW 115–31—MAY 5, 2017
SEC. 107. (a) Not later than 30 days after the date of enactment
of this Act, the Secretary of Homeland Security shall submit to
the Committees on Appropriations of the Senate and the House
of Representatives, the Committees on the Judiciary of the Senate
and the House of Representatives, the Committee on Homeland
Security and Governmental Affairs of the Senate, and the Committee on Homeland Security of the House of Representatives,
a report for fiscal year 2016 on visa overstay data by country
as required by section 1376 of title 8, United States Code: Provided,
That the report on visa overstay data shall also include—
(1) overstays from all nonimmigrant visa categories under
the immigration laws, delineated by each of the classes and
sub-classes of such categories; and
(2) numbers as well as rates of overstays for each class
and sub-class of such nonimmigrant categories on a per-country
basis.
(b) The Secretary of Homeland Security shall publish on the
Department’s Web site the metrics developed to measure the
effectiveness of security between the ports of entry, including the
methodology and data supporting the resulting measures.
SEC. 108. Within 30 days of the date of enactment of this
Act, and monthly thereafter, the Secretary or Chief Financial Officer
shall certify to the Committees on Appropriations of the Senate
and the House of Representatives whether U.S. Immigration and
Customs Enforcement is administering and executing its Enforcement and Removal Operations activities consistent with available
budgetary authority provided by law: Provided, That such certification shall include both actual and projected financial obligation
data, with the projections informed by seasonality, planned
immigration enforcement operations, all relevant enforcement data
systems, and other information sources as necessary.
TITLE II
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS
AND
BORDER PROTECTION
OPERATIONS AND SUPPORT
For necessary expenses of U.S. Customs and Border Protection
for operations and support, including the transportation of unaccompanied minor aliens; the provision of air and marine support to
Federal, State, and local agencies in the enforcement or administration of laws enforced by the Department of Homeland Security;
at the discretion of the Secretary of Homeland Security, the provision of such support to Federal, State, and local agencies in other
law enforcement and emergency humanitarian efforts; the purchase
and lease of up to 7,500 (6,500 for replacement only) police-type
vehicles; the purchase, maintenance, or operation of marine vessels,
aircraft, and unmanned aerial systems; and contracting with
individuals for personal services abroad; $10,900,636,000; of which
$3,274,000 shall be derived from the Harbor Maintenance Trust
Fund for administrative expenses related to the collection of the
Harbor Maintenance Fee pursuant to section 9505(c)(3) of the
Internal Revenue Code of 1986 (26 U.S.C. 9505(c)(3)) and notwithstanding section 1511(e)(1) of the Homeland Security Act of 2002
(6 U.S.C. 551(e)(1)); of which $681,441,500 shall be available until
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 407
September 30, 2018; and of which such sums as become available
in the Customs User Fee Account, except sums subject to section
13031(f)(3) of the Consolidated Omnibus Budget Reconciliation Act
of 1985 (19 U.S.C. 58c(f)(3)), shall be derived from that account:
Provided, That not to exceed $34,425 shall be for official reception
and representation expenses: Provided further, That not to exceed
$150,000 shall be available for payment for rental space in connection with preclearance operations: Provided further, That not to
exceed $1,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary
of Homeland Security.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses for U.S. Customs and Border Protection
for procurement, construction, and improvements, including
procurements to buy marine vessels, aircraft, and unmanned aerial
systems, $273,617,000, of which $252,842,000 shall remain available
until September 30, 2019, and of which $20,775,000 shall remain
available until September 30, 2021.
U.S. IMMIGRATION
AND
CUSTOMS ENFORCEMENT
OPERATIONS AND SUPPORT
For necessary expenses of U.S. Immigration and Customs
Enforcement for operations and support, including the purchase
and lease of up to 3,790 (2,350 for replacement only) police-type
vehicles; overseas vetted units; and maintenance, minor construction, and minor leasehold improvements at owned and leased facilities, $6,168,532,000; of which $6,000,000 shall remain available
until expended for efforts to enforce laws against forced child labor;
of which not less than $15,000,000 shall be available for investigation of intellectual property rights violations, including operation
of the National Intellectual Property Rights Coordination Center;
of which $18,700,000 shall remain available until September 30,
2018, for the Visa Security Program and investigations abroad;
of which not less than $3,471,806,000 shall be for enforcement,
detention, and removal operations, including transportation of
unaccompanied minor aliens: Provided, That not to exceed $11,475
shall be for official reception and representation expenses: Provided
further, That not to exceed $10,000,000 shall be available until
expended for conducting special operations under section 3131 of
the Customs Enforcement Act of 1986 (19 U.S.C. 2081): Provided
further, That not to exceed $2,000,000 shall be for awards of compensation to informants, to be accounted for solely under the certificate of the Secretary of Homeland Security: Provided further, That
not to exceed $11,216,000 shall be available to fund or reimburse
other Federal agencies for the costs associated with the care,
maintenance, and repatriation of smuggled aliens unlawfully
present in the United States: Provided further, That of the funds
provided under this heading, $25,000,000 shall be withheld from
obligation until the comprehensive plan for immigration data
improvement is submitted as required in section 212 of this Act.
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Plan.
PUBL031
131 STAT. 408
PUBLIC LAW 115–31—MAY 5, 2017
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of U.S. Immigration and Customs
Enforcement for procurement, construction, and improvements,
$29,800,000, to remain available until September 30, 2019.
TRANSPORTATION SECURITY ADMINISTRATION
OPERATIONS AND SUPPORT
For necessary expenses of the Transportation Security Administration for operations and support, $7,105,047,000, to remain available until September 30, 2018: Provided, That not to exceed $7,650
shall be for official reception and representation expenses: Provided
further, That security service fees authorized under section 44940
of title 49, United States Code, shall be credited to this appropriation as offsetting collections and shall be available only for aviation
security: Provided further, That the sum appropriated under this
heading from the general fund shall be reduced on a dollar-fordollar basis as such offsetting collections are received during fiscal
year 2017 so as to result in a final fiscal year appropriation from
the general fund estimated at not more than $4,975,047,000.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Transportation Security Administration for procurement, construction, and improvements,
$206,093,000, to remain available until September 30, 2019.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Transportation Security Administration for research and development, $5,000,000, to remain available until September 30, 2018.
COAST GUARD
OPERATING EXPENSES
For necessary expenses for the operations and maintenance
of the Coast Guard, not otherwise provided for; purchase or lease
of not to exceed 25 passenger motor vehicles, which shall be for
replacement only; purchase or lease of small boats for contingent
and emergent requirements (at a unit cost of not more than
$700,000) and repairs and service-life replacements, not to exceed
a total of $31,000,000; purchase or lease of boats necessary for
overseas deployments and activities; purchase, lease, or improvement of other equipment (at a unit cost of not more than $250,000);
minor shore construction projects not exceeding $1,000,000 in total
cost on any location; payments pursuant to section 156 of Public
Law 97–377 (42 U.S.C. 402 note; 96 Stat. 1920); and recreation
and welfare; $7,079,628,000; of which $502,692,000 shall be for
defense-related activities, of which $162,692,000 is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985; of which
$24,500,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 409
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which
$11,000,000 shall remain available until September 30, 2019, of
which $6,000,000 is solely for grants authorized by the Coast Guard
Authorization Act of 2010 (46 U.S.C. 4502(i) and (j)) and $5,000,000
is to meet the obligations specified in 14 U.S.C. 98(b): Provided,
That not to exceed $23,000 shall be for official reception and representation expenses.
ENVIRONMENTAL COMPLIANCE AND RESTORATION
For necessary expenses to carry out the environmental compliance and restoration functions of the Coast Guard under chapter
19 of title 14, United States Code, $13,315,000, to remain available
until September 30, 2021.
RESERVE TRAINING
For necessary expenses of the Coast Guard Reserve; operations
and maintenance of the Coast Guard Reserve Program; personnel
and training costs; and equipment and services; $112,302,000.
ACQUISITION, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Coast Guard for acquisition,
construction, renovation, and improvement of aids to navigation,
shore facilities (including facilities at Department of Defense
installations used by the Coast Guard), vessels, and aircraft,
including equipment related thereto, $1,370,007,000; of which
$20,000,000 shall be derived from the Oil Spill Liability Trust
Fund to carry out the purposes of section 1012(a)(5) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)(5)); and of which
$1,256,655,000 shall be available until September 30, 2021, of which
$95,000,000 shall be immediately available and allotted to contract
for long lead time materials for the tenth National Security Cutter
notwithstanding the availability of funds for production or postproduction costs.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
For necessary expenses of the Coast Guard for research,
development, test, and evaluation; and for maintenance, rehabilitation, lease, and operation of facilities and equipment; $36,319,000,
to remain available until September 30, 2019, of which $500,000
shall be derived from the Oil Spill Liability Trust Fund to carry
out the purposes of section 1012(a)(5) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(a)(5)): Provided, That there may be credited
to and used for the purposes of this appropriation funds received
from State and local governments, other public authorities, private
sources, and foreign countries for expenses incurred for research,
development, testing, and evaluation.
RETIRED PAY
For retired pay, including the payment of obligations otherwise
chargeable to lapsed appropriations for this purpose, payments
under the Retired Serviceman’s Family Protection and Survivor
Benefits Plans, payment for career status bonuses, concurrent
receipts, and combat-related special compensation, and payments
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PUBLIC LAW 115–31—MAY 5, 2017
for medical care of retired personnel and their dependents under
chapter 55 of title 10, United States Code, $1,666,940,000, to remain
available until expended.
UNITED STATES SECRET SERVICE
OPERATIONS AND SUPPORT
For necessary expenses of the United States Secret Service
for operations and support, including purchase of not to exceed
652 vehicles for police-type use for replacement only; hire of passenger motor vehicles; purchase of motorcycles made in the United
States; hire of aircraft; rental of buildings in the District of
Columbia, fencing, lighting, guard booths, and other facilities on
private or other property not in Government ownership or control,
as may be necessary to perform protective functions; conduct of
and participation in firearms matches; presentation of awards; conduct of behavioral research in support of protective intelligence
and operations; payment in advance for commercial accommodations
as may be necessary to perform protective functions; and payment,
without regard to section 5702 of title 5, United States Code,
of subsistence expenses of employees who are on protective missions,
whether at or away from their duty stations; $1,821,451,000; of
which $42,966,000 shall remain available until September 30, 2018,
of which $6,000,000 shall be for a grant for activities related to
investigations of missing and exploited children; and of which not
less than $13,869,000 shall be for activities related to training
in electronic crimes investigations and forensics: Provided, That
not to exceed $19,125 shall be for official reception and representation expenses: Provided further, That not to exceed $100,000 shall
be to provide technical assistance and equipment to foreign law
enforcement organizations in counterfeit investigations.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the United States Secret Service
for procurement, construction, and improvements, $90,627,000, to
remain available until September 30, 2019.
RESEARCH AND DEVELOPMENT
For necessary expenses of the United States Secret Service
for research and development, $2,500,000, to remain available until
September 30, 2018.
ADMINISTRATIVE PROVISIONS
Overtime.
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SEC. 201. (a) For fiscal year 2017, the overtime limitation
prescribed in section 5(c)(1) of the Act of February 13, 1911 (19
U.S.C. 267(c)(1)) shall be $45,000; and notwithstanding any other
provision of law, none of the funds appropriated by this Act shall
be available to compensate any employee of U.S. Customs and
Border Protection for overtime, from whatever source, in an amount
that exceeds such limitation, except in individual cases determined
by the Secretary of Homeland Security, or the designee of the
Secretary, to be necessary for national security purposes, to prevent
excessive costs, or in cases of immigration emergencies.
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131 STAT. 411
(b) None of the funds made available by this Act for the following accounts shall be available to compensate any employee
for overtime in an annual amount in excess of $45,000:
(1) ‘‘U.S. Immigration and Customs Enforcement—Operations and Support’’, except that the Secretary of Homeland
Security, or the designee of the Secretary, may waive such
amount as necessary for national security purposes and in
cases of immigration emergencies.
(2) ‘‘United States Secret Service—Operations and Support’’, except that the Secretary of Homeland Security, or the
designee of the Secretary, may waive such amount as necessary
for national security purposes.
SEC. 202. Funding made available under the heading ‘‘U.S.
Customs and Border Protection—Operations and Support’’ and ‘‘U.S.
Customs and Border Protection—Procurement, Construction, and
Improvements’’ shall be available for customs expenses when necessary to maintain operations and prevent adverse personnel actions
in Puerto Rico in addition to funding provided by 48 U.S.C. 740.
SEC. 203. No U.S. Customs and Border Protection aircraft
or other related equipment, with the exception of aircraft that
are one of a kind and have been identified as excess to U.S.
Customs and Border Protection requirements and aircraft that have
been damaged beyond repair, shall be transferred to any other
Federal agency, department, or office outside of the Department
of Homeland Security during fiscal year 2017 without prior notice
to the Committees on Appropriations of the Senate and the House
of Representatives.
SEC. 204. As authorized by section 601(b) of the United StatesColombia Trade Promotion Agreement Implementation Act (Public
Law 112–42), fees collected from passengers arriving from Canada,
Mexico, or an adjacent island pursuant to section 13031(a)(5) of
the Consolidated Omnibus Budget Reconciliation Act of 1985 (19
U.S.C. 58c(a)(5)) shall be available until expended.
SEC. 205. For an additional amount for ‘‘U.S. Customs and
Border Protection—Operations and Support’’, $31,000,000, to
remain available until expended, to be reduced by amounts collected
and credited to this appropriation from amounts authorized to
be collected by section 286(i) of the Immigration and Nationality
Act (8 U.S.C. 1356(i)), section 10412 of the Farm Security and
Rural Investment Act of 2002 (7 U.S.C. 8311), and section 817
of the Trade Facilitation and Trade Enforcement Act of 2015, or
other such authorizing language: Provided, That to the extent that
amounts realized from such collections exceed $31,000,000, those
amounts in excess of $31,000,000 shall be credited to this appropriation, to remain available until expended.
SEC. 206. None of the funds made available in this Act for
U.S. Customs and Border Protection may be used to prevent an
individual not in the business of importing a prescription drug
(within the meaning of section 801(g) of the Federal Food, Drug,
and Cosmetic Act) from importing a prescription drug from Canada
that complies with the Federal Food, Drug, and Cosmetic Act:
Provided, That this section shall apply only to individuals transporting on their person a personal-use quantity of the prescription
drug, not to exceed a 90-day supply: Provided further, That the
prescription drug may not be—
(1) a controlled substance, as defined in section 102 of
the Controlled Substances Act (21 U.S.C. 802); or
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Waiver authority.
Puerto Rico.
Notification.
Fees.
Canada.
Mexico.
Exports and
imports.
Canada.
Drugs and drug
abuse.
Applicability.
PUBL031
131 STAT. 412
Waiver.
Maritime vessels.
Consultation.
Notification.
Deadline.
Effective date.
Border fees.
Definition.
Determination.
Contracts.
Deadline.
Plan.
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(2) a biological product, as defined in section 351 of the
Public Health Service Act (42 U.S.C. 262).
SEC. 207. Notwithstanding any other provision of law, none
of the funds provided in this or any other Act shall be used to
approve a waiver of the navigation and vessel-inspection laws
pursuant to 46 U.S.C. 501(b) for the transportation of crude oil
distributed from and to the Strategic Petroleum Reserve until the
Secretary of Homeland Security, after consultation with the Secretaries of the Departments of Energy and Transportation and representatives from the United States flag maritime industry, takes
adequate measures to ensure the use of United States flag vessels:
Provided, That the Secretary shall notify the Committees on Appropriations of the Senate and the House of Representatives, the
Committee on Commerce, Science, and Transportation of the
Senate, and the Committee on Transportation and Infrastructure
of the House of Representatives within 2 business days of any
request for waivers of navigation and vessel-inspection laws pursuant to 46 U.S.C. 501(b) and the disposition of such requests.
SEC. 208. (a) Beginning on the date of enactment of this Act,
the Secretary of Homeland Security shall not—
(1) establish, collect, or otherwise impose any new border
crossing fee on individuals crossing the Southern border or
the Northern border at a land port of entry; or
(2) conduct any study relating to the imposition of a border
crossing fee.
(b) In this section, the term ‘‘border crossing fee’’ means a
fee that every pedestrian, cyclist, and driver and passenger of
a private motor vehicle is required to pay for the privilege of
crossing the Southern border or the Northern border at a land
port of entry.
SEC. 209. Without regard to the limitation as to time and
condition of section 503(d) of this Act, the Secretary may reprogram
and transfer funds within and into ‘‘U.S. Immigration and Customs
Enforcement—Operations and Support’’ as necessary to ensure the
detention of aliens prioritized for removal.
SEC. 210. None of the funds provided under the heading ‘‘U.S.
Immigration and Customs Enforcement—Operations and Support’’
may be used to continue a delegation of law enforcement authority
authorized under section 287(g) of the Immigration and Nationality
Act (8 U.S.C. 1357(g)) if the Department of Homeland Security
Inspector General determines that the terms of the agreement
governing the delegation of authority have been materially violated.
SEC. 211. None of the funds provided under the heading ‘‘U.S.
Immigration and Customs Enforcement—Operations and Support’’
may be used to continue any contract for the provision of detention
services if the two most recent overall performance evaluations
received by the contracted facility are less than ‘‘adequate’’ or
the equivalent median score in any subsequent performance evaluation system.
SEC. 212. (a) Not later than 90 days after the date of enactment
of this Act, the Director of U.S. Immigration and Customs Enforcement shall submit to the Committees on Appropriations of the
Senate and the House of Representatives a comprehensive plan
for immigration data improvement.
(b) The plan required in subsection (a) shall include—
(1) an action plan detailing necessary engagement with
Federal partners, major milestones, and an estimated timeline
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131 STAT. 413
for each of the major milestones leading to completion of the
plan;
(2) a staffing plan, detailing the positions and titles for
both Federal and contract staff necessary to execute the plan;
and
(3) an estimate of the funding necessary to implement
the plan.
SEC. 213. Members of the United States House of Representatives and the United States Senate, including the leadership; the
heads of Federal agencies and commissions, including the Secretary,
Deputy Secretary, Under Secretaries, and Assistant Secretaries of
the Department of Homeland Security; the United States Attorney
General, Deputy Attorney General, Assistant Attorneys General,
and the United States Attorneys; and senior members of the Executive Office of the President, including the Director of the Office
of Management and Budget, shall not be exempt from Federal
passenger and baggage screening.
SEC. 214. Any award by the Transportation Security Administration to deploy explosives detection systems shall be based on
risk, the airport’s current reliance on other screening solutions,
lobby congestion resulting in increased security concerns, high
injury rates, airport readiness, and increased cost effectiveness.
SEC. 215. Notwithstanding section 44923 of title 49, United
States Code, for fiscal year 2017, any funds in the Aviation Security
Capital Fund established by section 44923(h) of title 49, United
States Code, may be used for the procurement and installation
of explosives detection systems or for the issuance of other transaction agreements for the purpose of funding projects described
in section 44923(a) of such title.
SEC. 216. The reporting requirement in the ninth proviso under
the heading ‘‘Transportation Security Administration—Aviation
Security’’ in the Department of Homeland Security Appropriations
Act, 2016 (Public Law 114–113), shall apply in fiscal year 2017,
except that the reference to ‘‘this Act’’ shall be treated as referring
to this Act.
SEC. 217. None of the funds made available by this or any
other Act may be used by the Administrator of the Transportation
Security Administration to implement, administer, or enforce, in
abrogation of the responsibility described in section 44903(n)(1)
of title 49, United States Code, any requirement that airport operators provide airport-financed staffing to monitor exit points from
the sterile area of any airport at which the Transportation Security
Administration provided such monitoring as of December 1, 2013.
SEC. 218. None of the funds made available by this Act under
the heading ‘‘Coast Guard—Operating Expenses’’ shall be for
expenses incurred for recreational vessels under section 12114 of
title 46, United States Code, except to the extent fees are collected
from owners of yachts and credited to the appropriation made
available by this Act under the heading ‘‘Coast Guard—Operating
Expenses’’: Provided, That to the extent such fees are insufficient
to pay expenses of recreational vessel documentation under such
section 12114, and there is a backlog of recreational vessel applications, then personnel performing non-recreational vessel documentation functions under subchapter II of chapter 121 of title 46, United
States Code, may perform documentation under section 12114.
SEC. 219. Without regard to the limitation as to time and
condition of section 503(d) of this Act, after June 30, up to
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Funding
estimate.
Explosives
detection
systems.
Reports.
Applicability.
PUBL031
131 STAT. 414
Contracts.
Reimbursement.
Notification.
Deadline.
Notification.
Deadline.
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$10,000,000 may be reprogrammed to or from the Military Pay
and Allowances funding category within ‘‘Coast Guard—Operating
Expenses’’ in accordance with subsection (a) of section 503.
SEC. 220. None of the funds in this Act shall be used to
reduce the Coast Guard’s Operations Systems Center mission or
its government-employed or contract staff levels.
SEC. 221. None of the funds appropriated by this Act may
be used to conduct, or to implement the results of, a competition
under Office of Management and Budget Circular A–76 for activities
performed with respect to the Coast Guard National Vessel Documentation Center.
SEC. 222. Funds made available in this Act may be used to
alter operations within the Civil Engineering Program of the Coast
Guard nationwide, including civil engineering units, facilities design
and construction centers, maintenance and logistics commands, and
the Coast Guard Academy, except that none of the funds provided
in this Act may be used to reduce operations within any civil
engineering unit unless specifically authorized by a statute enacted
after the date of enactment of this Act.
SEC. 223. Funds made available under this heading for Overseas Contingency Operations/Global War on Terrorism may be allocated by program, project, and activity, notwithstanding section
503 of this Act.
SEC. 224. The United States Secret Service is authorized to
obligate funds in anticipation of reimbursements from Federal agencies and entities, as defined in section 105 of title 5, United States
Code, for personnel receiving training sponsored by the James
J. Rowley Training Center, except that total obligations at the
end of the fiscal year shall not exceed total budgetary resources
available under the heading ‘‘United States Secret Service—Operations and Support’’ at the end of the fiscal year.
SEC. 225. None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be made available for the protection of the head of
a Federal agency other than the Secretary of Homeland Security:
Provided, That the Director of the Secret Service may enter into
agreements to provide such protection on a fully reimbursable basis.
SEC. 226. None of the funds made available to the United
States Secret Service by this Act or by previous appropriations
Acts may be obligated for the purpose of opening a new permanent
domestic or overseas office or location unless the Committees on
Appropriations of the Senate and the House of Representatives
are notified 15 days in advance of such obligation.
SEC. 227. For purposes of section 503(a)(3) of this Act, up
to $15,000,000 may be reprogrammed within ‘‘United States Secret
Service—Operations and Support’’.
SEC. 228. Funding made available in this Act for ‘‘United States
Secret Service—Operations and Support’’ is available for travel
of United States Secret Service employees on protective missions
without regard to the limitations on such expenditures in this
or any other Act if the Director of the United States Secret Service
or a designee notifies the Committees on Appropriations of the
Senate and the House of Representatives 10 or more days in
advance, or as early as practicable, prior to such expenditures.
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131 STAT. 415
TITLE III
PROTECTION, PREPAREDNESS, RESPONSE, AND RECOVERY
NATIONAL PROTECTION
AND
PROGRAMS DIRECTORATE
OPERATIONS AND SUPPORT
For necessary expenses of the National Protection and Programs Directorate for operations and support, $1,372,268,000, of
which $117,148,000 shall remain available until September 30,
2018: Provided, That not to exceed $3,825 shall be for official
reception and representation expenses: Provided further, That of
the funds provided under this heading, $20,000,000 shall be withheld from obligation until the Secretary of Homeland Security complies with section 301 of this Act.
Compliance.
FEDERAL PROTECTIVE SERVICE
The revenues and collections of security fees credited to this
account shall be available until expended for necessary expenses
related to the protection of federally owned and leased buildings
and for the operations of the Federal Protective Service.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the National Protection and Programs Directorate for procurement, construction, and improvements, $440,035,000, to remain available until September 30, 2018.
RESEARCH AND DEVELOPMENT
For necessary expenses of the National Protection and Programs Directorate for research and development, $6,469,000, to
remain available until September 30, 2018.
OFFICE
OF
HEALTH AFFAIRS
OPERATIONS AND SUPPORT
For necessary expenses of the Office of Health Affairs for operations and support, $123,548,000, of which $16,161,000 shall remain
available until September 30, 2018: Provided, That of the funds
provided under this heading, $2,000,000 shall be withheld from
obligation for Mission Support until the Chief Medical Officer complies with section 302 of this Act: Provided further, That the Secretary of Homeland Security may transfer up to $2,000,000 from
the funds provided under this heading to ‘‘Science and Technology
Directorate—Research and Development’’ for the purpose of
advancing early detection capabilities related to a bioterrorism
event.
Compliance.
FEDERAL EMERGENCY MANAGEMENT AGENCY
OPERATIONS AND SUPPORT
For necessary expenses of the Federal Emergency Management
Agency for operations and support, $1,048,551,000: Provided, That
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PUBLIC LAW 115–31—MAY 5, 2017
not to exceed $2,250 shall be for official reception and representation
expenses.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Federal Emergency Management
Agency for procurement, construction, and improvements,
$35,273,000, to remain available until September 30, 2018.
FEDERAL ASSISTANCE
Puerto Rico.
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For activities of the Federal Emergency Management Agency
for Federal assistance through grants, contracts, cooperative agreements, and other activities, $2,983,458,000, which shall be allocated
as follows:
(1) $467,000,000 for the State Homeland Security Grant
Program under section 2004 of the Homeland Security Act
of 2002 (6 U.S.C. 605), of which $55,000,000 shall be for Operation Stonegarden: Provided, That notwithstanding subsection
(c)(4) of such section 2004, for fiscal year 2017, the Commonwealth of Puerto Rico shall make available to local and tribal
governments amounts provided to the Commonwealth of Puerto
Rico under this paragraph in accordance with subsection (c)(1)
of such section 2004.
(2) $605,000,000 for the Urban Area Security Initiative
under section 2003 of the Homeland Security Act of 2002 (6
U.S.C. 604), of which $25,000,000 shall be for organizations
(as described under section 501(c)(3) of the Internal Revenue
Code of 1986 and exempt from tax under section 501(a) of
such code) determined by the Secretary of Homeland Security
to be at high risk of a terrorist attack.
(3) $100,000,000 for Public Transportation Security Assistance, Railroad Security Assistance, and Over-the-Road Bus
Security Assistance under sections 1406, 1513, and 1532 of
the Implementing Recommendations of the 9/11 Commission
Act of 2007 (6 U.S.C. 1135, 1163, and 1182), of which
$10,000,000 shall be for Amtrak security and $2,000,000 shall
be for Over-the-Road Bus Security: Provided, That such public
transportation security assistance shall be provided directly
to public transportation agencies.
(4) $100,000,000 for Port Security Grants in accordance
with 46 U.S.C. 70107.
(5) $690,000,000, to remain available until September 30,
2018, of which $345,000,000 shall be for Assistance to Firefighter Grants and $345,000,000 shall be for Staffing for Adequate Fire and Emergency Response Grants under sections
33 and 34 respectively of the Federal Fire Prevention and
Control Act of 1974 (15 U.S.C. 2229 and 2229a).
(6) $350,000,000 for emergency management performance
grants under the National Flood Insurance Act of 1968 (42
U.S.C. 4001), the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121), the Earthquake Hazards
Reduction Act of 1977 (42 U.S.C. 7701), 6 U.S.C. 762, and
Reorganization Plan No. 3 of 1978 (5 U.S.C. App.).
(7) $100,000,000 for the National Predisaster Mitigation
Fund under section 203 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5133), to
remain available until expended.
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131 STAT. 417
(8) $177,531,000 for necessary expenses for Flood Hazard
Mapping and Risk Analysis, in addition to and to supplement
any other sums appropriated under the National Flood Insurance Fund, and such additional sums as may be provided
by States or other political subdivisions for cost-shared mapping
activities under 42 U.S.C. 4101(f)(2), to remain available until
expended.
(9) $120,000,000 for the emergency food and shelter program under title III of the McKinney-Vento Homeless Assistance Act (42 U.S.C. 11331), to remain available until expended:
Provided, That not to exceed 3.5 percent shall be for total
administrative costs.
(10) $273,927,000 to sustain current operations for training,
exercises, technical assistance, and other programs.
DISASTER RELIEF FUND
For necessary expenses in carrying out the Robert T. Stafford
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121
et seq.), $7,328,515,000, to remain available until expended, of
which $6,713,000,000 shall be for major disasters declared pursuant
to the Robert T. Stafford Disaster Relief and Emergency Assistance
Act (42 U.S.C. 5121 et seq.) and is designated by the Congress
as being for disaster relief pursuant to section 251(b)(2)(D) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
NATIONAL FLOOD INSURANCE FUND
For activities under the National Flood Insurance Act of 1968
(42 U.S.C. 4001 et seq.), the Flood Disaster Protection Act of 1973
(42 U.S.C. 4001 et seq.), the Biggert-Waters Flood Insurance Reform
Act of 2012 (Public Law 112–141, 126 Stat. 916), and the Homeowner Flood Insurance Affordability Act of 2014 (Public Law 113–
89; 128 Stat. 1020), $181,799,000, to remain available until September 30, 2018, which shall be derived from offsetting amounts
collected under section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)); of which $13,436,000 shall be
available for mission support associated with flood management;
and of which $168,363,000 shall be available for flood plain management and flood mapping: Provided, That any additional fees collected pursuant to section 1308(d) of the National Flood Insurance
Act of 1968 (42 U.S.C. 4015(d)) shall be credited as offsetting
collections to this account, to be available for flood plain management and flood mapping: Provided further, That in fiscal year
2017, no funds shall be available from the National Flood Insurance
Fund under section 1310 of the National Flood Insurance Act of
1968 (42 U.S.C. 4017) in excess of—
(1) $147,042,000 for operating expenses and salaries and
expenses associated with flood insurance operations;
(2) $1,123,000,000 for commissions and taxes of agents;
(3) such sums as are necessary for interest on Treasury
borrowings; and
(4) $175,061,000, which shall remain available until
expended, for flood mitigation actions and for flood mitigation
assistance under section 1366 of the National Flood Insurance
Act of 1968 (42 U.S.C. 4104c), notwithstanding sections 1366(e)
and 1310(a)(7) of such Act (42 U.S.C. 4104c(e), 4017):
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PUBLIC LAW 115–31—MAY 5, 2017
Provided further, That the amounts collected under section 102
of the Flood Disaster Protection Act of 1973 (42 U.S.C. 4012a)
and section 1366(e) of the National Flood Insurance Act of 1968
shall be deposited in the National Flood Insurance Fund to supplement other amounts specified as available for section 1366 of the
National Flood Insurance Act of 1968, notwithstanding section
102(f)(8), section 1366(e), and paragraphs (1) through (3) of section
1367(b) of such Act (42 U.S.C. 4012a(f)(8), 4104c(e), 4104d(b)(1)–
(3)): Provided further, That total administrative costs shall not
exceed 4 percent of the total appropriation: Provided further, That
up to $5,000,000 is available to carry out section 24 of the Homeowner Flood Insurance Affordability Act of 2014 (42 U.S.C. 4033).
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
Briefing.
Reports.
Plans.
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SEC. 301. The Secretary of Homeland Security, or the designee
of the Secretary, shall brief the Committees on Appropriations
of the Senate and the House of Representatives on plans to—
(1) implement a facial recognition matching capability for
Automated Biometric Identification System holdings, including
the ability to search, store, and match, that is independent
of other biometric modalities but scalable for future needs;
(2) accelerate the development of multi-modal biometric
capability (Homeland Advanced Recognition Technology Increment 2) to ensure that full multi-modal capability is available
for stakeholders by the end of fiscal year 2018;
(3) establish a new, equitable governance structure in fiscal
year 2017 that ensures stakeholder mission requirements are
prioritized for implementation, to include—
(A) a project plan and capability execution schedule
for each stakeholder mission;
(B) stakeholder management of all requests for services;
(C) a weighted on-boarding process for new requirements and priorities; and
(D) an executive stakeholder review process; and
(4) demonstrate new agile projects focused on the ability
to fuse biographic intelligence information with biometric data.
SEC. 302. The Chief Medical Officer shall submit a report
to the Committees on Appropriations of the Senate and the House
of Representatives that includes—
(1) a comprehensive strategy and project plan to advance
the Nation’s early detection capabilities related to a bioterrorism event;
(2) a description of the responsibilities of the Office of
Health Affairs, Science and Technology Directorate, and other
departmental components as appropriate for implementing such
strategy;
(3) a description of technical and operational programmatic
efficiencies to be gained by replacing or enhancing the current
BioWatch system;
(4) specific timelines and benchmarks for implementation
of a new or enhanced system, including, but not limited to—
(A) a mission needs statement;
(B) operational requirements documents;
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131 STAT. 419
(C) key performance parameters;
(D) a test and evaluation master plan; and
(E) an acquisition plan and strategy;
(5) an expenditure plan for fiscal year 2017 activities that
advance the Nation’s early detection capabilities related to a
bioterrorism event; and
(6) detailed cost estimates for not less than 5 years for
the development of a new or enhanced BioWatch system.
SEC. 303. Notwithstanding section 2008(a)(11) of the Homeland
Security Act of 2002 (6 U.S.C. 609(a)(11)) or any other provision
of law, not more than 5 percent of the amount of a grant made
available in paragraphs (1) through (4) under ‘‘Federal Emergency
Management Agency—Federal Assistance’’, may be used by the
grantee for expenses directly related to administration of the grant.
SEC. 304. Applications for grants under the heading ‘‘Federal
Emergency Management Agency—Federal Assistance’’, for paragraphs (1) through (4), shall be made available to eligible applicants
not later than 60 days after the date of enactment of this Act,
eligible applicants shall submit applications not later than 80 days
after the grant announcement, and the Administrator of the Federal
Emergency Management Agency shall act within 65 days after
the receipt of an application.
SEC. 305. Under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’, for grants under paragraphs (1)
through (4), the Administrator of the Federal Emergency Management Agency shall brief the Committees on Appropriations of the
Senate and the House of Representatives 5 full business days
in advance of announcing publicly the intention of making an award.
SEC. 306. Under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’, for grants under paragraphs (1) and
(2), the installation of communications towers is not considered
construction of a building or other physical facility.
SEC. 307. Notwithstanding section 509 of this Act, the Administrator of the Federal Emergency Management Agency may use
the funds provided under the heading ‘‘Federal Emergency Management Agency—Federal Assistance’’ in paragraph (10) to acquire
real property for the purpose of establishing or appropriately
extending the security buffer zones around Federal Emergency
Management Agency training facilities.
SEC. 308. Notwithstanding any other provision of law—
(1) grants awarded to States along the Southwest Border
of the United States under sections 2003 or 2004 of the Homeland Security Act of 2002 (6 U.S.C. 604 and 605) using funds
provided under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’ for grants under paragraph (1)
in this Act, or under the heading ‘‘Federal Emergency Management Agency—State and Local Programs’’ in Public Law 114–
4, division F of Public Law 113–76, or division D of Public
Law 113–6 may be used by recipients or sub-recipients for
costs, or reimbursement of costs, related to providing humanitarian relief to unaccompanied alien children and alien adults
accompanied by an alien minor where they are encountered
after entering the United States, provided that such costs were
incurred between January 1, 2014, and December 31, 2014,
or during the award period of performance; and
(2) grants awarded to States under section 2004 of the
Homeland Security Act of 2002 (6 U.S.C. 605) using funds
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Fees.
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PUBLIC LAW 115–31—MAY 5, 2017
provided under the heading ‘‘Federal Emergency Management
Agency—Federal Assistance’’ for grants under paragraph (1)
in this Act may be used by recipients or sub-recipients for
costs, or reimbursement of costs, related to public safety in
support of a State declaration of emergency.
SEC. 309. The reporting requirements in paragraphs (1) and
(2) under the heading ‘‘Federal Emergency Management Agency—
Disaster Relief Fund’’ in the Department of Homeland Security
Appropriations Act, 2015 (Public Law 114–4) shall be applied in
fiscal year 2017 with respect to budget year 2018 and current
fiscal year 2017, respectively, by substituting ‘‘fiscal year 2018’’
for ‘‘fiscal year 2016’’ in paragraph (1).
SEC. 310. The Administrator of the Federal Emergency Management Agency shall transfer $56,872,752 in unobligated balances
made available for the appropriations account for ‘‘Federal Emergency Management Agency—Disaster Assistance Direct Loan Program Account’’ by section 4502 of Public Law 110–28 to the appropriations account for ‘‘Federal Emergency Management Agency—
Disaster Relief Fund’’: Provided, That amounts transferred to such
account under this section shall be available for any authorized
purpose of such account: Provided further, That amounts transferred
pursuant to this section that were previously designated by the
Congress as an emergency requirement pursuant to a concurrent
resolution on the budget are designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985 and
shall be transferred only if the President subsequently so designates
the entire transfer and transmits such designation to the Congress.
SEC. 311. Notwithstanding 42 U.S.C. 5170c(b)(2)(B)(ii), the
Administrator of the Federal Emergency Management Agency may
allow the construction of an earthen levee by a State, local, or
tribal government on covered hazard mitigation land: Provided,
That such construction constitutes part of a flood control project,
is constructed of naturally-occurring materials, and conforms to
other criteria as established by the Administrator of the Federal
Emergency Management Agency through policy.
SEC. 312. The aggregate charges assessed during fiscal year
2017, as authorized in title III of the Departments of Veterans
Affairs and Housing and Urban Development, and Independent
Agencies Appropriations Act, 1999 (42 U.S.C. 5196e), shall not
be less than 100 percent of the amounts anticipated by the Department of Homeland Security to be necessary for its Radiological
Emergency Preparedness Program for the next fiscal year: Provided,
That the methodology for assessment and collection of fees shall
be fair and equitable and shall reflect costs of providing such
services, including administrative costs of collecting such fees: Provided further, That such fees shall be deposited in a Radiological
Emergency Preparedness Program account as offsetting collections
and will become available for authorized purposes on October 1,
2017, and remain available until expended.
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PUBL031
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131 STAT. 421
TITLE IV
RESEARCH, DEVELOPMENT, TRAINING, AND SERVICES
U.S. CITIZENSHIP
AND IMMIGRATION
SERVICES
OPERATIONS AND SUPPORT
For necessary expenses of U.S. Citizenship and Immigration
Services for operations and support of the E-Verify Program,
$103,912,000.
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of U.S. Citizenship and Immigration
Services for procurement, construction, and improvements of the
E-Verify Program, $15,227,000.
FEDERAL LAW ENFORCEMENT TRAINING CENTERS
OPERATIONS AND SUPPORT
For necessary expenses of the Federal Law Enforcement
Training Centers for operations and support, including the purchase
of not to exceed 117 vehicles for police-type use and hire of passenger motor vehicles, and services as authorized by section 3109
of title 5, United States Code, $242,518,000, of which up to
$50,748,000 shall remain available until September 30, 2018, and
of which $27,553,000 shall remain available until September 30,
2019: Provided, That not to exceed $7,180 shall be for official
reception and representation expenses.
SCIENCE
AND
TECHNOLOGY DIRECTORATE
OPERATIONS AND SUPPORT
For necessary expenses of the Science and Technology Directorate for operations and support, including the purchase or lease
of not to exceed 5 vehicles, $311,122,000, of which $182,334,000
shall remain available until September 30, 2018: Provided, That
not to exceed $7,650 shall be for official reception and representation
expenses.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Science and Technology Directorate for research and development, $470,624,000, to remain available until September 30, 2019.
DOMESTIC NUCLEAR DETECTION OFFICE
OPERATIONS AND SUPPORT
For necessary expenses of the Domestic Nuclear Detection
Office for operations and support, $50,042,000: Provided, That not
to exceed $2,250 shall be for official reception and representation
expenses.
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PUBLIC LAW 115–31—MAY 5, 2017
PROCUREMENT, CONSTRUCTION, AND IMPROVEMENTS
For necessary expenses of the Domestic Nuclear Detection
Office for procurement, construction, and improvements,
$101,053,000, to remain available until September 30, 2019.
RESEARCH AND DEVELOPMENT
For necessary expenses of the Domestic Nuclear Detection
Office for research and development, $155,061,000, to remain available until September 30, 2019.
FEDERAL ASSISTANCE
For necessary expenses of the Domestic Nuclear Detection
Office for Federal assistance through grants, contracts, cooperative
agreements, and other activities, $46,328,000, to remain available
until September 30, 2019.
ADMINISTRATIVE PROVISIONS
8 USC 1382.
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SEC. 401. Notwithstanding any other provision of law, funds
otherwise made available to U.S. Citizenship and Immigration Services may be used to acquire, operate, equip, and dispose of up
to 5 vehicles, for replacement only, for areas where the Administrator of General Services does not provide vehicles for lease: Provided, That the Director of U.S. Citizenship and Immigration Services may authorize employees who are assigned to those areas
to use such vehicles to travel between the employees’ residences
and places of employment.
SEC. 402. None of the funds made available in this Act may
be used by U.S. Citizenship and Immigration Services to grant
an immigration benefit unless the results of background checks
required by law to be completed prior to the granting of the benefit
have been received by U.S. Citizenship and Immigration Services,
and the results do not preclude the granting of the benefit.
SEC. 403. None of the funds appropriated by this Act may
be used to process or approve a competition under Office of Management and Budget Circular A–76 for services provided by employees
(including employees serving on a temporary or term basis) of
U.S. Citizenship and Immigration Services of the Department of
Homeland Security who are known as Immigration Information
Officers, Immigration Service Analysts, Contact Representatives,
Investigative Assistants, or Immigration Services Officers.
SEC. 404. (a) Notwithstanding section 1356(n) of title 8, United
States Code, of the funds deposited into the Immigration Examinations Fee Account, up to $10,000,000 may be allocated by U.S.
Citizenship and Immigration Services in fiscal year 2017 for the
purpose of providing an immigrant integration grants program.
(b) None of the funds made available to U.S. Citizenship and
Immigration Services for grants for immigrant integration under
subsection (a) or (c) may be used to provide services to aliens
who have not been lawfully admitted for permanent residence.
(c) The Director of U.S. Citizenship and Immigration Services
is authorized in fiscal year 2017, and in each fiscal year thereafter,
to solicit, accept, administer, and utilize gifts, including donations
of property, for the purpose of providing an immigrant integration
grants program and related activities to promote citizenship and
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131 STAT. 423
immigrant integration: Provided, That all sums received under
this subsection shall be deposited in a separate account in the
general fund of the Treasury to be known as the ‘‘Citizenship
Gift and Bequest Account’’: Provided further, That all funds deposited into the Citizenship Gift and Bequest Account shall remain
available until expended, and shall be available in addition to
any funds appropriated or otherwise made available for an
immigrant integration grants program or other activities to promote
citizenship and immigrant integration.
(d) Nothing in this section shall be construed to limit the
authority of the Secretary of Homeland Security under section
507 of the Department of Homeland Security Appropriations Act,
2004 (Public Law 108–90) or any other law with respect to the
solicitation and acceptance of gifts.
SEC. 405. The Director of the Federal Law Enforcement
Training Centers is authorized to distribute funds to Federal law
enforcement agencies for expenses incurred participating in training
accreditation.
SEC. 406. The Director of the Federal Law Enforcement
Training Centers shall schedule basic or advanced law enforcement
training, or both, at all four training facilities under the control
of the Federal Law Enforcement Training Centers to ensure that
such training facilities are operated at the highest capacity throughout the fiscal year.
SEC. 407. The Federal Law Enforcement Training Accreditation
Board, including representatives from the Federal law enforcement
community and non-Federal accreditation experts involved in law
enforcement training, shall lead the Federal law enforcement
training accreditation process to continue the implementation of
measuring and assessing the quality and effectiveness of Federal
law enforcement training programs, facilities, and instructors.
SEC. 408. (a) There is to be established a ‘‘Federal Law Enforcement Training Centers—Procurement, Construction, and Improvements’’ appropriations account for planning, operational development, engineering, and purchases prior to sustainment and for
information technology-related procurement, construction, and
improvements, including non-tangible assets of the Federal Law
Enforcement Training Centers.
(b) The Director of the Federal Law Enforcement Training
Centers may accept transfers to the account established by subsection (a) from Government agencies requesting the construction
of special use facilities, as authorized by the Economy Act (31
U.S.C. 1535(b)): Provided, That the Federal Law Enforcement
Training Centers maintain administrative control and ownership
upon completion of the facility.
SEC. 409. The functions of the Federal Law Enforcement
Training Centers instructor staff shall be classified as inherently
governmental for the purpose of the Federal Activities Inventory
Reform Act of 1998 (31 U.S.C. 501 note).
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131 STAT. 424
PUBLIC LAW 115–31—MAY 5, 2017
TITLE V
GENERAL PROVISIONS
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
SEC. 501. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 502. Subject to the requirements of section 503 of this
Act, the unexpended balances of prior appropriations provided for
activities in this Act may be transferred to appropriation accounts
for such activities established pursuant to this Act, may be merged
with funds in the applicable established accounts, and thereafter
may be accounted for as one fund for the same time period as
originally enacted.
SEC. 503. (a) None of the funds provided by this Act, provided
by previous appropriations Acts to the components in or transferred
to the Department of Homeland Security that remain available
for obligation or expenditure in fiscal year 2017, or provided from
any accounts in the Treasury of the United States derived by
the collection of fees available to the components funded by this
Act, shall be available for obligation or expenditure through a
reprogramming of funds that—
(1) creates or eliminates a program, project, or activity,
or increases funds for any program, project, or activity for
which funds have been denied or restricted by the Congress;
(2) contracts out any function or activity presently performed by Federal employees or any new function or activity
proposed to be performed by Federal employees in the President’s budget proposal for fiscal year 2017 for the Department
of Homeland Security;
(3) augments funding for existing programs, projects, or
activities in excess of $5,000,000 or 10 percent, whichever is
less;
(4) reduces funding for any program, project, or activity,
or numbers of personnel, by 10 percent or more;
(5) reorganizes components; or
(6) results from any general savings from a reduction in
personnel that would result in a change in funding levels for
programs, projects, or activities as approved by the Congress,
unless the Committees on Appropriations of the Senate and the
House of Representatives are notified at least 15 days in advance
of such reprogramming.
(b) Up to 5 percent of any appropriation made available for
the current fiscal year for the Department of Homeland Security
by this Act or provided by previous appropriations Acts may be
transferred between such appropriations if the Committees on
Appropriations of the Senate and the House of Representatives
are notified at least 30 days in advance of such transfer, but
no such appropriation, except as otherwise specifically provided,
shall be increased by more than 10 percent by such transfer.
(c) Notwithstanding subsections (a) and (b), no funds shall
be reprogrammed within or transferred between appropriations
based upon an initial notification provided after June 30, except
in extraordinary circumstances that imminently threaten the safety
of human life or the protection of property.
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131 STAT. 425
(d) The notification thresholds and procedures set forth in subsections (a), (b), and (c) shall apply to any use of deobligated
balances of funds provided in previous Department of Homeland
Security Appropriations Acts.
(e) Notwithstanding subsection (b), the Secretary of Homeland
Security may transfer to the fund established by 8 U.S.C. 1101
note, up to $20,000,000 from appropriations available to the Department of Homeland Security: Provided, That the Secretary shall
notify the Committees on Appropriations of the Senate and the
House of Representatives 5 days in advance of such transfer.
SEC. 504. The Department of Homeland Security Working Capital Fund, established pursuant to section 403 of Public Law 103–
356 (31 U.S.C. 501 note), shall continue operations as a permanent
working capital fund for fiscal year 2017: Provided, That none
of the funds appropriated or otherwise made available to the Department of Homeland Security may be used to make payments to
the Working Capital Fund, except for the activities and amounts
allowed in the President’s fiscal year 2017 budget: Provided further,
That funds provided to the Working Capital Fund shall be available
for obligation until expended to carry out the purposes of the
Working Capital Fund: Provided further, That all departmental
components shall be charged only for direct usage of each Working
Capital Fund service: Provided further, That funds provided to
the Working Capital Fund shall be used only for purposes consistent
with the contributing component: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service: Provided
further, That the Committees on Appropriations of the Senate and
the House of Representatives shall be notified of any activity added
to or removed from the fund: Provided further, That for any activity
added to the fund, the notification shall identify sources of funds
by program, project, and activity: Provided further, That the Chief
Financial Officer of the Department of Homeland Security shall
submit a quarterly execution report with activity-level detail, not
later than 30 days after the end of each quarter.
SEC. 505. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2017, as recorded in the financial records
at the time of a reprogramming notification, but not later than
June 30, 2018, from appropriations for ‘‘Operations and Support’’
and for ‘‘Coast Guard—Operating Expenses’’, and salaries and
expenses for ‘‘Coast Guard—Acquisition, Construction, and Improvements’’ and ‘‘Coast Guard—Reserve Training’’ for fiscal year 2017
in this Act shall remain available through September 30, 2018,
in the account and for the purposes for which the appropriations
were provided: Provided, That prior to the obligation of such funds,
a notification shall be submitted to the Committees on Appropriations of the Senate and the House of Representatives in accordance
with section 503 of this Act.
SEC. 506. Funds made available by this Act for intelligence
activities are deemed to be specifically authorized by the Congress
for purposes of section 504 of the National Security Act of 1947
(50 U.S.C. 414) during fiscal year 2017 until the enactment of
an Act authorizing intelligence activities for fiscal year 2017.
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Notification.
Deadline.
31 USC 501 note.
Notification.
Deadlines.
Reports.
Deadline.
Notification.
PUBL031
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PUBLIC LAW 115–31—MAY 5, 2017
SEC. 507. (a) The Secretary of Homeland Security, or the designee of the Secretary, shall notify the Committees on Appropriations of the Senate and the House of Representatives at least
3 full business days in advance of—
(1) making or awarding a grant allocation, grant, contract,
other transaction agreement, or task or delivery order on a
Department of Homeland Security multiple award contract,
or to issue a letter of intent totaling in excess of $1,000,000;
(2) awarding a task or delivery order requiring an obligation of funds in an amount greater than $10,000,000 from
multi-year Department of Homeland Security funds;
(3) making a sole-source grant award; or
(4) announcing publicly the intention to make or award
items under paragraph (1), (2), or (3), including a contract
covered by the Federal Acquisition Regulation.
(b) If the Secretary of Homeland Security determines that
compliance with this section would pose a substantial risk to human
life, health, or safety, an award may be made without notification,
and the Secretary shall notify the Committees on Appropriations
of the Senate and the House of Representatives not later than
5 full business days after such an award is made or letter issued.
(c) A notification under this section—
(1) may not involve funds that are not available for obligation; and
(2) shall include the amount of the award; the fiscal year
for which the funds for the award were appropriated; the type
of contract; and the account from which the funds are being
drawn.
SEC. 508. Notwithstanding any other provision of law, no agency
shall purchase, construct, or lease any additional facilities, except
within or contiguous to existing locations, to be used for the purpose
of conducting Federal law enforcement training without advance
notification to the Committees on Appropriations of the Senate
and the House of Representatives, except that the Federal Law
Enforcement Training Centers is authorized to obtain the temporary
use of additional facilities by lease, contract, or other agreement
for training that cannot be accommodated in existing Center facilities.
SEC. 509. None of the funds appropriated or otherwise made
available by this Act may be used for expenses for any construction,
repair, alteration, or acquisition project for which a prospectus
otherwise required under chapter 33 of title 40, United States
Code, has not been approved, except that necessary funds may
be expended for each project for required expenses for the development of a proposed prospectus.
SEC. 510. Sections 520, 522, and 530 of the Department of
Homeland Security Appropriations Act, 2008 (division E of Public
Law 110–161; 121 Stat. 2073 and 2074) shall apply with respect
to funds made available in this Act in the same manner as such
sections applied to funds made available in that Act.
SEC. 511. None of the funds made available in this Act may
be used in contravention of the applicable provisions of the Buy
American Act: Provided, That for purposes of the preceding sentence, the term ‘‘Buy American Act’’ means chapter 83 of title
41, United States Code.
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SEC. 512. None of the funds made available in this Act may
be used to amend the oath of allegiance required by section 337
of the Immigration and Nationality Act (8 U.S.C. 1448).
SEC. 513. Section 519 of division F of Public Law 114–113,
regarding a prohibition on funding for any position designated
as a Principal Federal Official, shall apply with respect to funds
made available in this Act in the same manner as such section
applied to funds made available in that Act.
SEC. 514. Section 831 of the Homeland Security Act of 2002
(6 U.S.C. 391) is amended—
(1) in subsection (a), by striking ‘‘Until September 30,
2016,’’ and inserting ‘‘Until September 30, 2017,’’; and
(2) in subsection (c)(1), by striking ‘‘September 30, 2016,’’
and inserting ‘‘September 30, 2017,’’.
SEC. 515. None of the funds made available in this Act may
be used for planning, testing, piloting, or developing a national
identification card.
SEC. 516. Any official that is required by this Act to report
or to certify to the Committees on Appropriations of the Senate
and the House of Representatives may not delegate such authority
to perform that act unless specifically authorized herein.
SEC. 517. None of the funds appropriated or otherwise made
available in this or any other Act may be used to transfer, release,
or assist in the transfer or release to or within the United States,
its territories, or possessions Khalid Sheikh Mohammed or any
other detainee who—
(1) is not a United States citizen or a member of the
Armed Forces of the United States; and
(2) is or was held on or after June 24, 2009, at the United
States Naval Station, Guantanamo Bay, Cuba, by the Department of Defense.
SEC. 518. None of the funds made available in this Act may
be used for first-class travel by the employees of agencies funded
by this Act in contravention of sections 301–10.122 through 301–
10.124 of title 41, Code of Federal Regulations.
SEC. 519. None of the funds made available in this Act may
be used to employ workers described in section 274A(h)(3) of the
Immigration and Nationality Act (8 U.S.C. 1324a(h)(3)).
SEC. 520. Notwithstanding any other provision of this Act,
none of the funds appropriated or otherwise made available by
this Act may be used to pay award or incentive fees for contractor
performance that has been judged to be below satisfactory performance or performance that does not meet the basic requirements
of a contract.
SEC. 521. In developing any process to screen aviation passengers and crews for transportation or national security purposes,
the Secretary of Homeland Security shall ensure that all such
processes take into consideration such passengers’ and crews’ privacy and civil liberties consistent with applicable laws, regulations,
and guidance.
SEC. 522. None of the funds appropriated or otherwise made
available by this Act may be used by the Department of Homeland
Security to enter into any Federal contract unless such contract
is entered into in accordance with the requirements of subtitle
I of title 41, United States Code, or chapter 137 of title 10, United
States Code, and the Federal Acquisition Regulation, unless such
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Conferences.
Determination.
Notification.
Deadline.
Definition.
Pay reform.
Time period.
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contract is otherwise authorized by statute to be entered into without regard to the above referenced statutes.
SEC. 523. For an additional amount for ‘‘Management Directorate—Procurement,
Construction,
and
Improvements’’,
$13,253,000, to remain available until expended, for necessary
expenses to plan, acquire, design, construct, renovate, remediate,
equip, furnish, improve infrastructure, and occupy buildings and
facilities for the Department headquarters consolidation project.
SEC. 524. (a) For an additional amount for financial systems
modernization, $41,215,000, to remain available until September
30, 2018.
(b) Funds made available in subsection (a) for financial systems
modernization may be transferred by the Secretary of Homeland
Security between appropriations for the same purpose, notwithstanding section 503 of this Act.
(c) No transfer described in subsection (b) shall occur until
15 days after the Committees on Appropriations of the Senate
and the House of Representatives are notified of such transfer.
SEC. 525. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 526. None of the funds made available in this Act may
be used by a Federal law enforcement officer to facilitate the
transfer of an operable firearm to an individual if the Federal
law enforcement officer knows or suspects that the individual is
an agent of a drug cartel unless law enforcement personnel of
the United States continuously monitor or control the firearm at
all times.
SEC. 527. None of the funds made available in this Act may
be used to pay for the travel to or attendance of more than 50
employees of a single component of the Department of Homeland
Security, who are stationed in the United States, at a single international conference unless the Secretary of Homeland Security,
or a designee, determines that such attendance is in the national
interest and notifies the Committees on Appropriations of the
Senate and the House of Representatives within at least 10 days
of that determination and the basis for that determination: Provided, That for purposes of this section the term ‘‘international
conference’’ shall mean a conference occurring outside of the United
States attended by representatives of the United States Government
and of foreign governments, international organizations, or nongovernmental organizations: Provided further, That the total cost
to the Department of Homeland Security of any such conference
shall not exceed $500,000.
SEC. 528. None of the funds made available in this Act may
be used to reimburse any Federal department or agency for its
participation in a National Special Security Event.
SEC. 529. None of the funds made available to the Department
of Homeland Security by this or any other Act may be obligated
for any structural pay reform that affects more than 100 fulltime positions or costs more than $5,000,000 in a single year before
the end of the 30-day period beginning on the date on which
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the Secretary of Homeland Security submits to Congress a notification that includes—
(1) the number of full-time positions affected by such
change;
(2) funding required for such change for the current year
and through the Future Years Homeland Security Program;
(3) justification for such change; and
(4) an analysis of compensation alternatives to such change
that were considered by the Department.
SEC. 530. (a) Any agency receiving funds made available in
this Act shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Committees on Appropriations of the Senate and the House
of Representatives in this Act, upon the determination by the head
of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises homeland
or national security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the Committees
on Appropriations of the Senate and the House of Representatives
for not less than 45 days except as otherwise specified in law.
SEC. 531. None of the funds made available by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
SEC. 532. Within 60 days of any budget submission for the
Department of Homeland Security for fiscal year 2018 that assumes
revenues or proposes a reduction from the previous year based
on user fees proposals that have not been enacted into law prior
to the submission of the budget, the Secretary of Homeland Security
shall provide the Committees on Appropriations of the Senate and
the House of Representatives specific reductions in proposed discretionary budget authority commensurate with the revenues assumed
in such proposals in the event that they are not enacted prior
to October 1, 2017.
SEC. 533. (a) Funding provided in this Act for ‘‘Operations
and Support’’ may be used for minor procurement, construction,
and improvements.
(b) For purposes of subsection (a), ‘‘minor’’ refers to end items
with a unit cost of $250,000 or less for personal property, and
$2,000,000 or less for real property.
(RESCISSIONS)
SEC. 534. Of the funds appropriated to the Department of
Homeland Security, the following funds are hereby rescinded from
the following accounts and programs in the specified amounts:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to a concurrent resolution on the budget or the Balanced
Budget and Emergency Deficit Control Act of 1985 (Public Law
99–177):
(1) $95,000,000 from Public Law 109–88;
(2) $3,000,000 from unobligated prior year balances from
‘‘Office of the Chief Information Officer’’;
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PUBLIC LAW 115–31—MAY 5, 2017
(3) $31,293,000 from unobligated prior year balances from
‘‘U.S. Customs and Border Protection, Automation Modernization’’;
(4) $21,150,000 from unobligated prior year balances from
‘‘U.S. Customs and Border Protection—Border Security,
Fencing, Infrastructure, and Technology’’;
(5) $21,450,000 from unobligated prior year balances from
‘‘U.S. Customs and Border Protection, Air and Marine Operations’’;
(6) $20,690,000 from unobligated prior year balances from
‘‘U.S. Customs and Border Protection, Construction and Facilities Management’’;
(7) $13,500,000 from Public Law 114–4 under the heading
‘‘U.S. Immigration and Customs Enforcement, Salaries and
Expenses’’;
(8) $45,000,000 from Public Law 114–113 under the
heading ‘‘U.S. Immigration and Customs Enforcement, Salaries
and Expenses’’;
(9) $2,900,000 from unobligated prior year balances from
‘‘U.S. Immigration and Customs Enforcement, Construction’’;
(10) $104,650,000 from Public Law 114–113 under the
heading ‘‘Transportation Security Administration—Aviation
Security’’;
(11) $2,582,000 from Public Law 114–113 under the
heading ‘‘Transportation Security Administration—Surface
Transportation Security’’;
(12) $9,930,000 from Public Law 114–113 under the
heading ‘‘Transportation Security Administration—Intelligence
and Vetting’’;
(13) $2,518,000 from Public Law 114–113 under the
heading ‘‘Transportation Security Administration, Transportation Security Support’’;
(14) $4,200,000 from Public Law 113–6 under the heading
‘‘Coast Guard—Acquisition, Construction, and Improvements’’;
(15) $19,300,000 from Public Law 113–76 under the
heading ‘‘Coast Guard—Acquisition, Construction, and Improvements’’;
(16) $16,500,000 from Public Law 114–4 under the heading
‘‘Coast Guard, Acquisition, Construction, and Improvements’’;
(17) $31,000,000 from Public Law 114–113 under the
heading ‘‘Coast Guard—Acquisition, Construction, and Improvements’’;
(18) $11,071,000 from unobligated prior year balances from
‘‘Federal Emergency Management Agency, State and Local Programs’’ account 70 × 0560;
(19) $977,289 from Public Law 113–76 under the heading
‘‘Science and Technology—Research, Development, Acquisition,
and Operations’’;
(20) $5,000,000 from Public Law 114–4 under the heading
‘‘Science and Technology—Research, Development, Acquisition,
and Operations’’; and
(21) $1,522,711 from Public Law 114–113 under the
heading ‘‘Science and Technology—Research, Development,
Acquisition, and Operations’’.
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(RESCISSIONS)
SEC. 535. Of the funds transferred to the Department of Homeland Security when it was created in 2003, the following funds
are hereby rescinded from the following accounts and programs
in the specified amounts:
(1) $277,827 from ‘‘Customs and Border Protection—Salaries and Expenses’’;
(2) $621,375 from ‘‘Immigrations and Customs Enforcement’’;
(3) $84,268 from ‘‘Immigrations and Customs Enforcement—Violent Crime Fund’’;
(4) $499,074 from ‘‘Transportation Security Administration—Salaries and Expenses’’;
(5) $244,764 from ‘‘United States Coast Guard—Acquisition, Construction and Improvements—IDS Aircraft’’;
(6) $98,532 from ‘‘United States Coast Guard—Acquisition,
Construction and Improvements—IDS Vessels’’; and
(7) $15,562 from ‘‘Federal Emergency Management Association—Office of Domestic Preparedness’’.
(RESCISSION)
SEC. 536. The following unobligated balances made available
to the Department of Homeland Security pursuant to section 505
of the Department of Homeland Security Appropriations Act, 2016
(Public Law 114–113) are rescinded:
(1) $45,676 from ‘‘Office of the Chief Financial Officer’’;
(2) $28,726 from ‘‘Office of the Chief Information Officer’’;
(3) $73,013 from ‘‘Office of the Secretary and Executive
Management’’;
(4) $475,792 from ‘‘Analysis and Operations’’;
(5) $111,886 from ‘‘Office of the Inspector General’’;
(6) $11,536,855 from ‘‘U.S. Customs and Border Protection—Salaries and Expenses’’;
(7) $587,034 from ‘‘U.S. Customs and Border Protection—
Automation Modernization’’;
(8) $241,044 from ‘‘U.S. Customs and Border Protection—
Air and Marine Interdiction, Operations, Maintenance, and
Procurement’’;
(9) $15,807,298 from ‘‘Coast Guard—Operation Expenses’’;
(10) $746,434 from ‘‘Coast Guard—Reserve Training’’;
(11) $310,872 from ‘‘Coast Guard—Acquisition, Construction and Improvements’’;
(12) $8,340,572 from ‘‘United States Secret Service—Salaries and Expenses’’;
(13) $332,309 from ‘‘Federal Emergency Management
Agency—State and Local Programs’’;
(14) $48,524 from ‘‘Federal Emergency Management
Agency—United States Fire Administration’’;
(15) $1,275,569 from ‘‘Federal Emergency Management
Agency—Management and Administration’’;
(16) $59,453 from ‘‘Office of Health Affairs’’;
(17) $625,696 from ‘‘United States Citizenship and
Immigration Services—Salaries and Expenses’’;
(18) $372,881 from ‘‘Federal Law Enforcement Training
Center—Salaries and Expenses’’;
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PUBLIC LAW 115–31—MAY 5, 2017
(19) $1,094,894 from ‘‘Transportation Security Agency—
Aviation Security’’; and
(20) $228,240 from ‘‘Transportation Security Agency—
Transportation Security Support’’.
(RESCISSION)
SEC. 537. From the unobligated balances available in the
Department of the Treasury Forfeiture Fund established by section
9703 of title 31, United States Code (added by section 638 of
Public Law 102–393), $187,000,000 shall be rescinded.
(RESCISSION)
Applicability.
8 USC 1101 note.
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SEC. 538. Of the unobligated balances made available to ‘‘Federal Emergency Management Agency—Disaster Relief Fund’’,
$789,248,000 shall be rescinded: Provided, That no amounts may
be rescinded from amounts that were designated by the Congress
as an emergency requirement pursuant to a concurrent resolution
on the budget or the Balanced Budget and Emergency Deficit Control Act of 1985, as amended: Provided further, That no amounts
may be rescinded from the amounts that were designated by the
Congress as being for disaster relief pursuant to section 251(b)(2)(D)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 539. Section 401(b) of the Illegal Immigration Reform
and Immigrant Responsibility Act of 1996 (8 U.S.C. 1324a note)
shall be applied by substituting ‘‘September 30, 2017’’ for ‘‘September 30, 2015’’.
SEC. 540. Subclauses 101(a)(27)(C)(ii)(II) and (III) of the
Immigration and Nationality Act (8 U.S.C. 1101(a)(27)(C)(ii)(II) and
(III)) shall be applied by substituting ‘‘September 30, 2017’’ for
‘‘September 30, 2015’’.
SEC. 541. Section 220(c) of the Immigration and Nationality
Technical Corrections Act of 1994 (8 U.S.C. 1182 note) shall be
applied by substituting ‘‘September 30, 2017’’ for ‘‘September 30,
2015’’.
SEC. 542. Section 610(b) of the Departments of Commerce,
Justice, and State, the Judiciary, and Related Agencies Appropriations Act, 1993 (8 U.S.C. 1153 note) shall be applied by substituting
‘‘September 30, 2017’’ for ‘‘September 30, 2015’’.
SEC. 543. Notwithstanding the numerical limitation set forth
in section 214(g)(1)(B) of the Immigration and Nationality Act (8
U.S.C. 1184(g)(1)(B)), the Secretary of Homeland Security, after
consultation with the Secretary of Labor, and upon the determination that the needs of American businesses cannot be satisfied
in fiscal year 2017 with United States workers who are willing,
qualified, and able to perform temporary nonagricultural labor,
may increase the total number of aliens who may receive a visa
under section 101(a)(15)(H)(ii)(b) of such Act (8 U.S.C.
1101(a)(15)(H)(ii)(b)) in such fiscal year above such limitation by
not more than the highest number of H–2B nonimmigrants who
participated in the H–2B returning worker program in any fiscal
year in which returning workers were exempt from such numerical
limitation.
SEC. 544. (a) For an additional amount for ‘‘Federal Emergency
Management Agency—Federal Assistance’’, $41,000,000, to remain
available until September 30, 2018, exclusively for providing
reimbursement of extraordinary law enforcement personnel costs
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131 STAT. 433
for protection activities directly and demonstrably associated with
any residence of the President that is designated or identified
to be secured by the United States Secret Service.
(b) Funds under subsection (a) shall be available only for costs
that a State or local agency—
(1) incurs after January 20, 2017, and before October 1,
2017;
(2) can demonstrate to the Administrator as being—
(A) in excess of the costs of normal and typical law
enforcement operations;
(B) directly attributable to the provision of protection
described herein; and
(C) associated with a non-governmental property designated or identified to be secured by the United States
Secret Service pursuant to section 3 or section 4 of the
Presidential Protection Assistance Act of 1976 (Public Law
94–524); and
(3) certifies to the Administrator as being for protection
activities requested by the Director of the United States Secret
Service.
(c) For purposes of subsection (a), a designation or identification
of a property to be secured under subsection (b)(2)(C) made after
incurring otherwise eligible costs shall apply retroactively to
January 20, 2017.
(d) The Administrator may establish written criteria consistent
with subsections (a) and (b).
(e) None of the funds provided shall be for hiring new or
additional personnel.
(f) The Inspector General of the Department of Homeland Security shall audit reimbursements made under this section.
TITLE VI
DEPARTMENT OF HOMELAND SECURITY—ADDITIONAL
APPROPRIATIONS
SECURITY, ENFORCEMENT, AND INVESTIGATIONS
U.S. CUSTOMS
AND
BORDER PROTECTION
OPERATIONS AND SUPPORT
For an additional amount for ‘‘Operations and Support’’,
$274,813,000, to remain available until September 30, 2018, which
shall be available as follows:
(1) $91,315,000 for border security technology deployment;
(2) $47,500,000 to address facilities maintenance backlogs;
(3) $65,400,000 for improving hiring processes for Border
Patrol Agents, Customs Officers, and Air and Marine personnel,
and for relocation enhancements;
(4) $22,400,000 for border road maintenance; and
(5) $48,198,000 for surge operations.
PROCUREMENT, CONSTRUCTION AND IMPROVEMENTS
For an additional amount for ‘‘Procurement, Construction, and
Improvements’’, $497,400,000, to remain available until September
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Deadline.
Security plan.
Analysis.
Reports.
Certification.
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PUBLIC LAW 115–31—MAY 5, 2017
30, 2021, which shall be available based on the highest priority
border security requirements as follows:
(1) $341,200,000 to replace approximately 40 miles of
existing primary pedestrian and vehicle border fencing along
the southwest border using previously deployed and operationally effective designs, such as currently deployed steel bollard
designs, that prioritize agent safety; and to add gates to existing
barriers;
(2) $78,800,000 for acquisition and deployment of border
security technology; and
(3) $77,400,000 for new border road construction:
Provided, That the Secretary of Homeland Security shall, not later
than 90 days after the date of enactment of this Act, submit to
the Committees on Appropriations of the Senate and the House
of Representatives a risk-based plan for improving security along
the borders of the United States, including the use of personnel,
fencing, other forms of tactical infrastructure, and technology,
that—
(1) defines goals, objectives, activities, and milestones;
(2) includes a detailed implementation schedule with estimates for the planned obligation of funds for fiscal year 2017
through fiscal year 2021 that are linked to the milestonebased delivery of specific—
(A) capabilities and services;
(B) mission benefits and outcomes;
(C) program management capabilities; and
(D) lifecycle cost estimates;
(3) describes how specific projects under the plan will
enhance border security goals and objectives and address the
highest priority border security needs;
(4) identifies the planned locations, quantities, and types
of resources, such as fencing, other physical barriers, or other
tactical infrastructure and technology;
(5) includes a description of the methodology and analyses
used to select specific resources for deployment to particular
locations that includes—
(A) analyses of alternatives, including comparative
costs and benefits;
(B) effects on communities and property owners near
areas of infrastructure deployment; and
(C) other factors critical to the decision-making process;
(6) identifies staffing requirements, including full-time
equivalents, contractors, and detailed personnel, by activity;
(7) identifies performance metrics for assessing and
reporting on the contributions of border security capabilities
realized from current and future investments;
(8) reports on the status of the Department of Homeland
Security’s actions to address open recommendations by the
Office of Inspector General and the Government Accountability
Office related to border security, including plans, schedules,
and associated milestones for fully addressing such recommendations; and
(9) includes certifications by the Under Secretary for
Management, including all documents, memoranda, and a
description of the investment review and information technology management oversight and processes supporting such
certifications, that—
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(A) the program has been reviewed and approved in
accordance with an acquisition review management process
that complies with capital planning and investment control
and review requirements established by the Office of
Management and Budget, including as provided in Circular
A–11, part 7; and
(B) all planned activities comply with Federal acquisition rules, requirements, guidelines, and practices.
U.S. IMMIGRATION
AND
CUSTOMS ENFORCEMENT
OPERATIONS AND SUPPORT
For an additional amount for ‘‘Operations and Support’’,
$236,908,000, to remain available until September 30, 2018, of
which $147,870,000 shall be available for custody operations; of
which $57,392,000 shall be available for alternatives to detention;
and of which $31,646,000 shall be available for transportation and
removal operations.
UNITED STATES SECRET SERVICE
OPERATIONS AND SUPPORT
For an additional amount for ‘‘Operations and Support’’,
$58,012,000, to remain available until September 30, 2017.
PROCUREMENT, CONSTRUCTION AND IMPROVEMENTS
For an additional amount for ‘‘Procurement, Construction, and
Improvements’’ for necessary expenses for Presidential security,
$72,988,000, of which $22,988,000 shall remain available until September 30, 2019, and of which $50,000,000 shall remain available
until September 30, 2021.
ADMINISTRATIVE PROVISIONS—THIS TITLE
SEC. 601. Notwithstanding any other provision of law, funds
made available in this title are in addition to amounts appropriated
or otherwise made available for the Department of Homeland Security for fiscal year 2017.
This division may be cited as the ‘‘Department of Homeland
Security Appropriations Act, 2017’’.
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PUBLIC LAW 115–31—MAY 5, 2017
DIVISION G—DEPARTMENT OF THE INTERIOR, ENVIRONMENT, AND RELATED AGENCIES APPROPRIATIONS
ACT, 2017
TITLE I
DEPARTMENT OF THE INTERIOR
BUREAU
OF
LAND MANAGEMENT
MANAGEMENT OF LANDS AND RESOURCES
For necessary expenses for protection, use, improvement,
development, disposal, cadastral surveying, classification, acquisition of easements and other interests in lands, and performance
of other functions, including maintenance of facilities, as authorized
by law, in the management of lands and their resources under
the jurisdiction of the Bureau of Land Management, including the
general administration of the Bureau, and assessment of mineral
potential of public lands pursuant to section 1010(a) of Public
Law 96–487 (16 U.S.C. 3150(a)), $1,095,375,000, to remain available
until expended, including all such amounts as are collected from
permit processing fees, as authorized but made subject to future
appropriation by section 35(d)(3)(A)(i) of the Mineral Leasing Act
(30 U.S.C. 191), except that amounts from permit processing fees
may be used for any bureau-related expenses associated with the
processing of oil and gas applications for permits to drill and related
use of authorizations; of which $3,000,000 shall be available in
fiscal year 2017 subject to a match by at least an equal amount
by the National Fish and Wildlife Foundation for cost-shared
projects supporting conservation of Bureau lands; and such funds
shall be advanced to the Foundation as a lump-sum grant without
regard to when expenses are incurred.
In addition, $39,696,000 is for Mining Law Administration program operations, including the cost of administering the mining
claim fee program, to remain available until expended, to be reduced
by amounts collected by the Bureau and credited to this appropriation from mining claim maintenance fees and location fees that
are hereby authorized for fiscal year 2017, so as to result in a
final appropriation estimated at not more than $1,095,375,000,
and $2,000,000, to remain available until expended, from communication site rental fees established by the Bureau for the cost
of administering communication site activities.
LAND ACQUISITION
For expenses necessary to carry out sections 205, 206, and
318(d) of Public Law 94–579, including administrative expenses
and acquisition of lands or waters, or interests therein, $31,416,000,
to be derived from the Land and Water Conservation Fund and
to remain available until expended.
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131 STAT. 437
OREGON AND CALIFORNIA GRANT LANDS
For expenses necessary for management, protection, and
development of resources and for construction, operation, and
maintenance of access roads, reforestation, and other improvements
on the revested Oregon and California Railroad grant lands, on
other Federal lands in the Oregon and California land-grant counties of Oregon, and on adjacent rights-of-way; and acquisition of
lands or interests therein, including existing connecting roads on
or adjacent to such grant lands; $106,985,000, to remain available
until expended: Provided, That 25 percent of the aggregate of all
receipts during the current fiscal year from the revested Oregon
and California Railroad grant lands is hereby made a charge against
the Oregon and California land-grant fund and shall be transferred
to the General Fund in the Treasury in accordance with the second
paragraph of subsection (b) of title II of the Act of August 28,
1937 (43 U.S.C. 1181f).
RANGE IMPROVEMENTS
For rehabilitation, protection, and acquisition of lands and
interests therein, and improvement of Federal rangelands pursuant
to section 401 of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1751), notwithstanding any other Act, sums
equal to 50 percent of all moneys received during the prior fiscal
year under sections 3 and 15 of the Taylor Grazing Act (43 U.S.C.
315b, 315m) and the amount designated for range improvements
from grazing fees and mineral leasing receipts from BankheadJones lands transferred to the Department of the Interior pursuant
to law, but not less than $10,000,000, to remain available until
expended: Provided, That not to exceed $600,000 shall be available
for administrative expenses.
SERVICE CHARGES, DEPOSITS, AND FORFEITURES
For administrative expenses and other costs related to processing application documents and other authorizations for use and
disposal of public lands and resources, for costs of providing copies
of official public land documents, for monitoring construction, operation, and termination of facilities in conjunction with use
authorizations, and for rehabilitation of damaged property, such
amounts as may be collected under Public Law 94–579 (43 U.S.C.
1701 et seq.), and under section 28 of the Mineral Leasing Act
(30 U.S.C. 185), to remain available until expended: Provided, That
notwithstanding any provision to the contrary of section 305(a)
of Public Law 94–579 (43 U.S.C. 1735(a)), any moneys that have
been or will be received pursuant to that section, whether as a
result of forfeiture, compromise, or settlement, if not appropriate
for refund pursuant to section 305(c) of that Act (43 U.S.C. 1735(c)),
shall be available and may be expended under the authority of
this Act by the Secretary to improve, protect, or rehabilitate any
public lands administered through the Bureau of Land Management
which have been damaged by the action of a resource developer,
purchaser, permittee, or any unauthorized person, without regard
to whether all moneys collected from each such action are used
on the exact lands damaged which led to the action: Provided
further, That any such moneys that are in excess of amounts needed
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47 USC 1735
note.
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PUBLIC LAW 115–31—MAY 5, 2017
to repair damage to the exact land for which funds were collected
may be used to repair other damaged public lands.
MISCELLANEOUS TRUST FUNDS
In addition to amounts authorized to be expended under
existing laws, there is hereby appropriated such amounts as may
be contributed under section 307 of Public Law 94–579 (43 U.S.C.
1737), and such amounts as may be advanced for administrative
costs, surveys, appraisals, and costs of making conveyances of
omitted lands under section 211(b) of that Act (43 U.S.C. 1721(b)),
to remain available until expended.
ADMINISTRATIVE PROVISIONS
Contracts.
Determination.
Horses.
Burros.
Applicability.
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The Bureau of Land Management may carry out the operations
funded under this Act by direct expenditure, contracts, grants,
cooperative agreements and reimbursable agreements with public
and private entities, including with States. Appropriations for the
Bureau shall be available for purchase, erection, and dismantlement
of temporary structures, and alteration and maintenance of necessary buildings and appurtenant facilities to which the United
States has title; up to $100,000 for payments, at the discretion
of the Secretary, for information or evidence concerning violations
of laws administered by the Bureau; miscellaneous and emergency
expenses of enforcement activities authorized or approved by the
Secretary and to be accounted for solely on the Secretary’s certificate, not to exceed $10,000: Provided, That notwithstanding Public
Law 90–620 (44 U.S.C. 501), the Bureau may, under cooperative
cost-sharing and partnership arrangements authorized by law, procure printing services from cooperators in connection with jointly
produced publications for which the cooperators share the cost
of printing either in cash or in services, and the Bureau determines
the cooperator is capable of meeting accepted quality standards:
Provided further, That projects to be funded pursuant to a written
commitment by a State government to provide an identified amount
of money in support of the project may be carried out by the
Bureau on a reimbursable basis. Appropriations herein made shall
not be available for the destruction of healthy, unadopted, wild
horses and burros in the care of the Bureau or its contractors
or for the sale of wild horses and burros that results in their
destruction for processing into commercial products: Provided further, That section 35 of the Mineral Leasing Act (30 U.S.C. 191)
shall be applied for fiscal year 2017 as if the following were inserted
after the period in subsection (d)(4):
‘‘(5) There is appropriated to the Fee Account established
in subsection (c)(3)(B)(ii) of this section, out of any money
in the Treasury not otherwise appropriated, $26,000,000 for
fiscal year 2017, to remain available until expended, for the
processing of applications for permit to drill and related use
authorizations, to be reduced by amounts collected by the
Bureau and transferred to such Fee Account pursuant to subsection (d)(3)(A)(ii) of this section, so as to result in a final
fiscal year 2017 appropriation from the general fund estimated
at not more than $0. Any offsetting receipts received in excess
of $26,000,000 in fiscal year 2017 that would have otherwise
been transferred to the Fee Account established in subsection
(c)(3)(B)(ii) of this section pursuant to subsection (d)(3)(A)(ii)
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131 STAT. 439
of this section shall instead be deposited in the general fund
of the Treasury.’’.
UNITED STATES FISH
AND
WILDLIFE SERVICE
RESOURCE MANAGEMENT
For necessary expenses of the United States Fish and Wildlife
Service, as authorized by law, and for scientific and economic
studies, general administration, and for the performance of other
authorized functions related to such resources, $1,258,761,000, to
remain available until September 30, 2018: Provided, That not
to exceed $20,515,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) (except for processing petitions, developing
and issuing proposed and final regulations, and taking any other
steps to implement actions described in subsection (c)(2)(A),
(c)(2)(B)(i), or (c)(2)(B)(ii)), of which not to exceed $4,605,000 shall
be used for any activity regarding the designation of critical habitat,
pursuant to subsection (a)(3), excluding litigation support, for species listed pursuant to subsection (a)(1) prior to October 1, 2015;
of which not to exceed $1,501,000 shall be used for any activity
regarding petitions to list species that are indigenous to the United
States pursuant to subsections (b)(3)(A) and (b)(3)(B); and, of which
not to exceed $1,504,000 shall be used for implementing subsections
(a), (b), (c), and (e) of section 4 of the Endangered Species Act
of 1973 (16 U.S.C. 1533) for species that are not indigenous to
the United States.
CONSTRUCTION
For construction, improvement, acquisition, or removal of
buildings and other facilities required in the conservation, management, investigation, protection, and utilization of fish and wildlife
resources, and the acquisition of lands and interests therein;
$18,615,000, to remain available until expended.
LAND ACQUISITION
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of land or waters, or interest therein, in accordance
with statutory authority applicable to the United States Fish and
Wildlife Service, $59,995,000, to be derived from the Land and
Water Conservation Fund and to remain available until expended,
of which, notwithstanding section 200306 of title 54, United States
Code, not more than $10,000,000 shall be for land conservation
partnerships authorized by the Highlands Conservation Act of 2004,
including not to exceed $320,000 for administrative expenses: Provided, That none of the funds appropriated for specific land acquisition projects may be used to pay for any administrative overhead,
planning or other management costs.
COOPERATIVE ENDANGERED SPECIES CONSERVATION FUND
For expenses necessary to carry out section 6 of the Endangered
Species Act of 1973 (16 U.S.C. 1535), $53,495,000, to remain available until expended, of which $22,695,000 is to be derived from
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the Cooperative Endangered Species Conservation Fund; and of
which $30,800,000 is to be derived from the Land and Water Conservation Fund.
NATIONAL WILDLIFE REFUGE FUND
For expenses necessary to implement the Act of October 17,
1978 (16 U.S.C. 715s), $13,228,000.
NORTH AMERICAN WETLANDS CONSERVATION FUND
For expenses necessary to carry out the provisions of the North
American Wetlands Conservation Act (16 U.S.C. 4401 et seq.),
$38,145,000, to remain available until expended.
NEOTROPICAL MIGRATORY BIRD CONSERVATION
For expenses necessary to carry out the Neotropical Migratory
Bird Conservation Act (16 U.S.C. 6101 et seq.), $3,910,000, to
remain available until expended.
MULTINATIONAL SPECIES CONSERVATION FUND
For expenses necessary to carry out the African Elephant Conservation Act (16 U.S.C. 4201 et seq.), the Asian Elephant Conservation Act of 1997 (16 U.S.C. 4261 et seq.), the Rhinoceros and
Tiger Conservation Act of 1994 (16 U.S.C. 5301 et seq.), the Great
Ape Conservation Act of 2000 (16 U.S.C. 6301 et seq.), and the
Marine Turtle Conservation Act of 2004 (16 U.S.C. 6601 et seq.),
$11,061,000, to remain available until expended.
STATE AND TRIBAL WILDLIFE GRANTS
Apportionment.
District of
Columbia.
Puerto Rico.
Territories.
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For wildlife conservation grants to States and to the District
of Columbia, Puerto Rico, Guam, the United States Virgin Islands,
the Northern Mariana Islands, American Samoa, and Indian tribes
under the provisions of the Fish and Wildlife Act of 1956 and
the Fish and Wildlife Coordination Act, for the development and
implementation of programs for the benefit of wildlife and their
habitat, including species that are not hunted or fished,
$62,571,000, to remain available until expended: Provided, That
of the amount provided herein, $4,209,000 is for a competitive
grant program for Indian tribes not subject to the remaining provisions of this appropriation: Provided further, That $6,362,000 is
for a competitive grant program to implement approved plans for
States, territories, and other jurisdictions and at the discretion
of affected States, the regional Associations of fish and wildlife
agencies, not subject to the remaining provisions of this appropriation: Provided further, That the Secretary shall, after deducting
$10,571,000 and administrative expenses, apportion the amount
provided herein in the following manner: (1) to the District of
Columbia and to the Commonwealth of Puerto Rico, each a sum
equal to not more than one-half of 1 percent thereof; and (2)
to Guam, American Samoa, the United States Virgin Islands, and
the Commonwealth of the Northern Mariana Islands, each a sum
equal to not more than one-fourth of 1 percent thereof: Provided
further, That the Secretary shall apportion the remaining amount
in the following manner: (1) one-third of which is based on the
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131 STAT. 441
ratio to which the land area of such State bears to the total
land area of all such States; and (2) two-thirds of which is based
on the ratio to which the population of such State bears to the
total population of all such States: Provided further, That the
amounts apportioned under this paragraph shall be adjusted equitably so that no State shall be apportioned a sum which is less
than 1 percent of the amount available for apportionment under
this paragraph for any fiscal year or more than 5 percent of such
amount: Provided further, That the Federal share of planning grants
shall not exceed 75 percent of the total costs of such projects
and the Federal share of implementation grants shall not exceed
65 percent of the total costs of such projects: Provided further,
That the non-Federal share of such projects may not be derived
from Federal grant programs: Provided further, That any amount
apportioned in 2017 to any State, territory, or other jurisdiction
that remains unobligated as of September 30, 2018, shall be reapportioned, together with funds appropriated in 2019, in the
manner provided herein.
ADMINISTRATIVE PROVISIONS
The United States Fish and Wildlife Service may carry out
the operations of Service programs by direct expenditure, contracts,
grants, cooperative agreements and reimbursable agreements with
public and private entities. Appropriations and funds available to
the United States Fish and Wildlife Service shall be available
for repair of damage to public roads within and adjacent to reservation areas caused by operations of the Service; options for the
purchase of land at not to exceed $1 for each option; facilities
incident to such public recreational uses on conservation areas
as are consistent with their primary purpose; and the maintenance
and improvement of aquaria, buildings, and other facilities under
the jurisdiction of the Service and to which the United States
has title, and which are used pursuant to law in connection with
management, and investigation of fish and wildlife resources: Provided, That notwithstanding 44 U.S.C. 501, the Service may, under
cooperative cost sharing and partnership arrangements authorized
by law, procure printing services from cooperators in connection
with jointly produced publications for which the cooperators share
at least one-half the cost of printing either in cash or services
and the Service determines the cooperator is capable of meeting
accepted quality standards: Provided further, That the Service may
accept donated aircraft as replacements for existing aircraft: Provided further, That notwithstanding 31 U.S.C. 3302, all fees collected for non-toxic shot review and approval shall be deposited
under the heading ‘‘United States Fish and Wildlife Service—
Resource Management’’ and shall be available to the Secretary,
without further appropriation, to be used for expenses of processing
of such non-toxic shot type or coating applications and revising
regulations as necessary, and shall remain available until expended.
NATIONAL PARK SERVICE
OPERATION OF THE NATIONAL PARK SYSTEM
For expenses necessary for the management, operation, and
maintenance of areas and facilities administered by the National
Park Service and for the general administration of the National
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Park Service, $2,425,018,000, of which $10,032,000 for planning
and interagency coordination in support of Everglades restoration
and $124,461,000 for maintenance, repair, or rehabilitation projects
for constructed assets shall remain available until September 30,
2018: Provided, That funds appropriated under this heading in
this Act are available for the purposes of section 5 of Public Law
95–348.
NATIONAL RECREATION AND PRESERVATION
For expenses necessary to carry out recreation programs, natural programs, cultural programs, heritage partnership programs,
environmental compliance and review, international park affairs,
and grant administration, not otherwise provided for, $62,638,000.
HISTORIC PRESERVATION FUND
Approval.
Consultation.
Grants.
For expenses necessary in carrying out the National Historic
Preservation Act (division A of subtitle III of title 54, United States
Code), $80,910,000, to be derived from the Historic Preservation
Fund and to remain available until September 30, 2018, of which
$5,000,000 shall be for Save America’s Treasures grants for
preservation of national significant sites, structures, and artifacts
as authorized by section 7303 of the Omnibus Public Land Management Act of 2009 (54 U.S.C. 3089): Provided, That an individual
Save America’s Treasures grant shall be matched by non-Federal
funds: Provided further, That individual projects shall only be
eligible for one grant: Provided further, That all projects to be
funded shall be approved by the Secretary of the Interior in consultation with the House and Senate Committees on Appropriations:
Provided further, That of the funds provided for the Historic
Preservation Fund, $500,000 is for competitive grants for the survey
and nomination of properties to the National Register of Historic
Places and as National Historic Landmarks associated with communities currently underrepresented, as determined by the Secretary,
$13,000,000 is for competitive grants to preserve the sites and
stories of the Civil Rights movement, and $4,000,000 is for grants
to Historically Black Colleges and Universities: Provided further,
That such competitive grants shall be made without imposing the
matching requirements in section 302902(b)(3) of title 54, United
States Code to States and Indian tribes as defined in chapter
3003 of such title, Native Hawaiian organizations, local governments, including Certified Local Governments, and nonprofit
organizations.
CONSTRUCTION
Contracts.
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For construction, improvements, repair, or replacement of physical facilities, and compliance and planning for programs and areas
administered by the National Park Service, $209,353,000, to remain
available until expended: Provided, That, notwithstanding any other
provision of law, for any project initially funded in fiscal year
2017 with a future phase indicated in the National Park Service
5-Year Line Item Construction Plan, a single procurement may
be issued which includes the full scope of the project: Provided
further, That the solicitation and contract shall contain the clause
availability of funds found at 48 CFR 52.232–18: Provided further,
That National Park Service Donations, Park Concessions Franchise
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Fees, and Recreation Fees may be made available for the cost
of adjustments and changes within the original scope of effort
for projects funded by the National Park Service Construction
appropriation: Provided further, That the Secretary of the Interior
shall consult with the Committees on Appropriations, in accordance
with current reprogramming thresholds, prior to making any
charges authorized by this section.
Consultation.
LAND AND WATER CONSERVATION FUND
(RESCISSION)
The contract authority provided for fiscal year 2017 by section
200308 of title 54, United States Code, is rescinded.
54 USC 200308
note.
LAND ACQUISITION AND STATE ASSISTANCE
For expenses necessary to carry out chapter 2003 of title 54,
United States Code, including administrative expenses, and for
acquisition of lands or waters, or interest therein, in accordance
with the statutory authority applicable to the National Park Service,
$162,029,000, to be derived from the Land and Water Conservation
Fund and to remain available until expended, of which $110,006,000
is for the State assistance program and of which $10,000,000 shall
be for the American Battlefield Protection Program grants as
authorized by chapter 3081 of title 54, United States Code.
CENTENNIAL CHALLENGE
For expenses necessary to carry out the provisions of section
101701 of title 54, United States Code, relating to challenge cost
share agreements, $20,000,000, to remain available until expended,
for Centennial Challenge projects and programs: Provided, That
not less than 50 percent of the total cost of each project or program
shall be derived from non-Federal sources in the form of donated
cash, assets, or a pledge of donation guaranteed by an irrevocable
letter of credit.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
In addition to other uses set forth in section 101917(c)(2) of
title 54, United States Code, franchise fees credited to a subaccount shall be available for expenditure by the Secretary, without
further appropriation, for use at any unit within the National
Park System to extinguish or reduce liability for Possessory Interest
or leasehold surrender interest. Such funds may only be used for
this purpose to the extent that the benefitting unit anticipated
franchise fee receipts over the term of the contract at that unit
exceed the amount of funds used to extinguish or reduce liability.
Franchise fees at the benefitting unit shall be credited to the
sub-account of the originating unit over a period not to exceed
the term of a single contract at the benefitting unit, in the amount
of funds so expended to extinguish or reduce liability.
For the costs of administration of the Land and Water Conservation Fund grants authorized by section 105(a)(2)(B) of the
Gulf of Mexico Energy Security Act of 2006 (Public Law 109–
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PUBLIC LAW 115–31—MAY 5, 2017
432), the National Park Service may retain up to 3 percent of
the amounts which are authorized to be disbursed under such
section, such retained amounts to remain available until expended.
National Park Service funds may be transferred to the Federal
Highway Administration (FHWA), Department of Transportation,
for purposes authorized under 23 U.S.C. 204. Transfers may include
a reasonable amount for FHWA administrative support costs.
UNITED STATES GEOLOGICAL SURVEY
SURVEYS, INVESTIGATIONS, AND RESEARCH
For expenses necessary for the United States Geological Survey
to perform surveys, investigations, and research covering topography, geology, hydrology, biology, and the mineral and water
resources of the United States, its territories and possessions, and
other areas as authorized by 43 U.S.C. 31, 1332, and 1340; classify
lands as to their mineral and water resources; give engineering
supervision to power permittees and Federal Energy Regulatory
Commission licensees; administer the minerals exploration program
(30 U.S.C. 641); conduct inquiries into the economic conditions
affecting mining and materials processing industries (30 U.S.C.
3, 21a, and 1603; 50 U.S.C. 98g(1)) and related purposes as authorized by law; and to publish and disseminate data relative to the
foregoing activities; $1,085,167,000, to remain available until September 30, 2018; of which $71,237,189 shall remain available until
expended for satellite operations; and of which $7,280,000 shall
be available until expended for deferred maintenance and capital
improvement projects that exceed $100,000 in cost: Provided, That
none of the funds provided for the ecosystem research activity
shall be used to conduct new surveys on private property, unless
specifically authorized in writing by the property owner: Provided
further, That no part of this appropriation shall be used to pay
more than one-half the cost of topographic mapping or water
resources data collection and investigations carried on in cooperation with States and municipalities.
ADMINISTRATIVE PROVISIONS
Contracts.
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From within the amount appropriated for activities of the
United States Geological Survey such sums as are necessary shall
be available for contracting for the furnishing of topographic maps
and for the making of geophysical or other specialized surveys
when it is administratively determined that such procedures are
in the public interest; construction and maintenance of necessary
buildings and appurtenant facilities; acquisition of lands for gauging
stations and observation wells; expenses of the United States
National Committee for Geological Sciences; and payment of compensation and expenses of persons employed by the Survey duly
appointed to represent the United States in the negotiation and
administration of interstate compacts: Provided, That activities
funded by appropriations herein made may be accomplished through
the use of contracts, grants, or cooperative agreements as defined
in section 6302 of title 31, United States Code: Provided further,
That the United States Geological Survey may enter into contracts
or cooperative agreements directly with individuals or indirectly
with institutions or nonprofit organizations, without regard to 41
U.S.C. 6101, for the temporary or intermittent services of students
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or recent graduates, who shall be considered employees for the
purpose of chapters 57 and 81 of title 5, United States Code,
relating to compensation for travel and work injuries, and chapter
171 of title 28, United States Code, relating to tort claims, but
shall not be considered to be Federal employees for any other
purposes.
BUREAU
OF
OCEAN ENERGY MANAGEMENT
OCEAN ENERGY MANAGEMENT
For expenses necessary for granting leases, easements, rightsof-way and agreements for use for oil and gas, other minerals,
energy, and marine-related purposes on the Outer Continental Shelf
and approving operations related thereto, as authorized by law;
for environmental studies, as authorized by law; for implementing
other laws and to the extent provided by Presidential or Secretarial
delegation; and for matching grants or cooperative agreements,
$169,560,000, of which $74,616,000, is to remain available until
September 30, 2018 and of which $94,944,000 is to remain available
until expended: Provided, That this total appropriation shall be
reduced by amounts collected by the Secretary and credited to
this appropriation from additions to receipts resulting from
increases to lease rental rates in effect on August 5, 1993, and
from cost recovery fees from activities conducted by the Bureau
of Ocean Energy Management pursuant to the Outer Continental
Shelf Lands Act, including studies, assessments, analysis, and miscellaneous administrative activities: Provided further, That the sum
herein appropriated shall be reduced as such collections are received
during the fiscal year, so as to result in a final fiscal year 2017
appropriation estimated at not more than $74,616,000: Provided
further, That not to exceed $3,000 shall be available for reasonable
expenses related to promoting volunteer beach and marine cleanup
activities.
BUREAU
OF
SAFETY
AND
ENVIRONMENTAL ENFORCEMENT
OFFSHORE SAFETY AND ENVIRONMENTAL ENFORCEMENT
(INCLUDING RESCISSION OF FUNDS)
For expenses necessary for the regulation of operations related
to leases, easements, rights-of-way and agreements for use for oil
and gas, other minerals, energy, and marine-related purposes on
the Outer Continental Shelf, as authorized by law; for enforcing
and implementing laws and regulations as authorized by law and
to the extent provided by Presidential or Secretarial delegation;
and for matching grants or cooperative agreements, $136,772,000,
of which $93,242,000 is to remain available until September 30,
2018 and of which $43,530,000 is to remain available until
expended: Provided, That this total appropriation shall be reduced
by amounts collected by the Secretary and credited to this appropriation from additions to receipts resulting from increases to lease
rental rates in effect on August 5, 1993, and from cost recovery
fees from activities conducted by the Bureau of Safety and Environmental Enforcement pursuant to the Outer Continental Shelf Lands
Act, including studies, assessments, analysis, and miscellaneous
administrative activities: Provided further, That the sum herein
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appropriated shall be reduced as such collections are received during
the fiscal year, so as to result in a final fiscal year 2017 appropriation estimated at not more than $93,242,000.
For an additional amount, $53,000,000, to remain available
until expended, to be reduced by amounts collected by the Secretary
and credited to this appropriation, which shall be derived from
non-refundable inspection fees collected in fiscal year 2017, as provided in this Act: Provided, That to the extent that amounts realized
from such inspection fees exceed $53,000,000, the amounts realized
in excess of $53,000,000 shall be credited to this appropriation
and remain available until expended: Provided further, That for
fiscal year 2017, not less than 50 percent of the inspection fees
expended by the Bureau of Safety and Environmental Enforcement
will be used to fund personnel and mission-related costs to expand
capacity and expedite the orderly development, subject to environmental safeguards, of the Outer Continental Shelf pursuant to
the Outer Continental Shelf Lands Act (43 U.S.C. 1331 et seq.),
including the review of applications for permits to drill.
Of the unobligated balances available for this account,
$25,000,000 are permanently rescinded.
OIL SPILL RESEARCH
For necessary expenses to carry out title I, section 1016, title
IV, sections 4202 and 4303, title VII, and title VIII, section 8201
of the Oil Pollution Act of 1990, $14,899,000, which shall be derived
from the Oil Spill Liability Trust Fund, to remain available until
expended.
OFFICE
OF
SURFACE MINING RECLAMATION
AND
ENFORCEMENT
REGULATION AND TECHNOLOGY
For necessary expenses to carry out the provisions of the Surface Mining Control and Reclamation Act of 1977, Public Law
95–87, $121,017,000, to remain available until September 30, 2018:
Provided, That appropriations for the Office of Surface Mining
Reclamation and Enforcement may provide for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, for costs to review, administer, and enforce permits
issued by the Office pursuant to section 507 of Public Law 95–
87 (30 U.S.C. 1257), $40,000, to remain available until expended:
Provided, That fees assessed and collected by the Office pursuant
to such section 507 shall be credited to this account as discretionary
offsetting collections, to remain available until expended: Provided
further, That the sum herein appropriated from the general fund
shall be reduced as collections are received during the fiscal year,
so as to result in a fiscal year 2017 appropriation estimated at
not more than $121,017,000.
ABANDONED MINE RECLAMATION FUND
For necessary expenses to carry out title IV of the Surface
Mining Control and Reclamation Act of 1977, Public Law 95–87,
$27,163,000, to be derived from receipts of the Abandoned Mine
Reclamation Fund and to remain available until expended: Provided, That pursuant to Public Law 97–365, the Department of
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the Interior is authorized to use up to 20 percent from the recovery
of the delinquent debt owed to the United States Government
to pay for contracts to collect these debts: Provided further, That
funds made available under title IV of Public Law 95–87 may
be used for any required non-Federal share of the cost of projects
funded by the Federal Government for the purpose of environmental
restoration related to treatment or abatement of acid mine drainage
from abandoned mines: Provided further, That such projects must
be consistent with the purposes and priorities of the Surface Mining
Control and Reclamation Act: Provided further, That amounts provided under this heading may be used for the travel and per
diem expenses of State and tribal personnel attending Office of
Surface Mining Reclamation and Enforcement sponsored training.
In addition, $105,000,000, to remain available until expended,
for grants to States for reclamation of abandoned mine lands and
other related activities in accordance with the terms and conditions
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act): Provided, That such
additional amount shall be used for economic and community
development in conjunction with the priorities in section 403(a)
of the Surface Mining Control and Reclamation Act of 1977 (30
U.S.C. 1233(a)): Provided further, That of such additional amount,
$75,000,000 shall be distributed in equal amounts to the 3 Appalachian States with the greatest amount of unfunded needs to
meet the priorities described in paragraphs (1) and (2) of such
section, and $30,000,000 shall be distributed in equal amounts
to the 3 Appalachian States with the subsequent greatest amount
of unfunded needs to meet such priorities: Provided further, That
such additional amount shall be allocated to States within 60 days
after the date of enactment of this Act.
BUREAU
OF INDIAN
AFFAIRS
AND
BUREAU
OF INDIAN
States.
Deadline.
EDUCATION
OPERATION OF INDIAN PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For expenses necessary for the operation of Indian programs,
as authorized by law, including the Snyder Act of November 2,
1921 (25 U.S.C. 13), the Indian Self-Determination and Education
Assistance Act of 1975 (25 U.S.C. 450 et seq.), the Education
Amendments of 1978 (25 U.S.C. 2001–2019), and the Tribally Controlled Schools Act of 1988 (25 U.S.C. 2501 et seq.), $2,339,346,000,
to remain available until September 30, 2018, except as otherwise
provided herein; of which not to exceed $8,500 may be for official
reception and representation expenses; of which not to exceed
$74,773,000 shall be for welfare assistance payments: Provided,
That in cases of designated Federal disasters, the Secretary may
exceed such cap, from the amounts provided herein, to provide
for disaster relief to Indian communities affected by the disaster:
Provided further, That federally recognized Indian tribes and tribal
organizations of federally recognized Indian tribes may use their
tribal priority allocations for unmet welfare assistance costs: Provided further, That not to exceed $652,362,000 for school operations
costs of Bureau-funded schools and other education programs shall
become available on July 1, 2017, and shall remain available until
September 30, 2018: Provided further, That not to exceed
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Expiration date.
PUBLIC LAW 115–31—MAY 5, 2017
$49,122,000 shall remain available until expended for housing
improvement, road maintenance, attorney fees, litigation support,
land records improvement, and the Navajo-Hopi Settlement Program: Provided further, That notwithstanding any other provision
of law, including but not limited to the Indian Self-Determination
Act of 1975 (25 U.S.C. 450f et seq.) and section 1128 of the Education Amendments of 1978 (25 U.S.C. 2008), not to exceed
$80,165,000 within and only from such amounts made available
for school operations shall be available for administrative cost
grants associated with grants approved prior to July 1, 2017: Provided further, That any forestry funds allocated to a federally recognized tribe which remain unobligated as of September 30, 2018,
may be transferred during fiscal year 2019 to an Indian forest
land assistance account established for the benefit of the holder
of the funds within the holder’s trust fund account: Provided further,
That any such unobligated balances not so transferred shall expire
on September 30, 2019: Provided further, That in order to enhance
the safety of Bureau field employees, the Bureau may use funds
to purchase uniforms or other identifying articles of clothing for
personnel.
CONTRACT SUPPORT COSTS
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Bureau of Indian Affairs
for fiscal year 2017, such sums as may be necessary, which shall
be available for obligation through September 30, 2018: Provided,
That notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
CONSTRUCTION
(INCLUDING TRANSFER OF FUNDS)
Determination.
Payment
schedule.
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For construction, repair, improvement, and maintenance of
irrigation and power systems, buildings, utilities, and other facilities, including architectural and engineering services by contract;
acquisition of lands, and interests in lands; and preparation of
lands for farming, and for construction of the Navajo Indian Irrigation Project pursuant to Public Law 87–483, $192,017,000, to remain
available until expended: Provided, That such amounts as may
be available for the construction of the Navajo Indian Irrigation
Project may be transferred to the Bureau of Reclamation: Provided
further, That not to exceed 6 percent of contract authority available
to the Bureau of Indian Affairs from the Federal Highway Trust
Fund may be used to cover the road program management costs
of the Bureau: Provided further, That any funds provided for the
Safety of Dams program pursuant to 25 U.S.C. 13 shall be made
available on a nonreimbursable basis: Provided further, That for
fiscal year 2017, in implementing new construction, replacement
facilities construction, or facilities improvement and repair project
grants in excess of $100,000 that are provided to grant schools
under Public Law 100–297, the Secretary of the Interior shall
use the Administrative and Audit Requirements and Cost Principles
for Assistance Programs contained in 43 CFR part 12 as the regulatory requirements: Provided further, That such grants shall not
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be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, That in considering grant applications, the Secretary shall consider whether such grantee would
be deficient in assuring that the construction projects conform to
applicable building standards and codes and Federal, tribal, or
State health and safety standards as required by 25 U.S.C. 2005(b),
with respect to organizational and financial management capabilities: Provided further, That if the Secretary declines a grant application, the Secretary shall follow the requirements contained in 25
U.S.C. 2504(f): Provided further, That any disputes between the
Secretary and any grantee concerning a grant shall be subject
to the disputes provision in 25 U.S.C. 2507(e): Provided further,
That in order to ensure timely completion of construction projects,
the Secretary may assume control of a project and all funds related
to the project, if, within 18 months of the date of enactment of
this Act, any grantee receiving funds appropriated in this Act
or in any prior Act, has not completed the planning and design
phase of the project and commenced construction: Provided further,
That this appropriation may be reimbursed from the Office of
the Special Trustee for American Indians appropriation for the
appropriate share of construction costs for space expansion needed
in agency offices to meet trust reform implementation.
Grants.
Grants.
Time period.
INDIAN LAND AND WATER CLAIM SETTLEMENTS AND MISCELLANEOUS
PAYMENTS TO INDIANS
For payments and necessary administrative expenses for
implementation of Indian land and water claim settlements pursuant to Public Laws 99–264, 100–580, 101–618, 111–11, 111–291,
and 114–322, and for implementation of other land and water
rights settlements, $45,045,000, to remain available until expended.
INDIAN GUARANTEED LOAN PROGRAM ACCOUNT
For the cost of guaranteed loans and insured loans, $8,757,000,
of which $1,182,000 is for administrative expenses, as authorized
by the Indian Financing Act of 1974: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed or insured, not to
exceed $120,050,595.
Education.
ADMINISTRATIVE PROVISIONS
(INCLUDING RESCISSION OF FUNDS)
The Bureau of Indian Affairs may carry out the operation
of Indian programs by direct expenditure, contracts, cooperative
agreements, compacts, and grants, either directly or in cooperation
with States and other organizations.
Notwithstanding 25 U.S.C. 15, the Bureau of Indian Affairs
may contract for services in support of the management, operation,
and maintenance of the Power Division of the San Carlos Irrigation
Project.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Affairs for central office oversight and
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131 STAT. 450
Alaska.
Waiver authority.
Determination.
Continuance.
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PUBLIC LAW 115–31—MAY 5, 2017
Executive Direction and Administrative Services (except executive
direction and administrative services funding for Tribal Priority
Allocations, regional offices, and facilities operations and maintenance) shall be available for contracts, grants, compacts, or cooperative agreements with the Bureau of Indian Affairs under the provisions of the Indian Self-Determination Act or the Tribal Self-Governance Act of 1994 (Public Law 103–413).
In the event any tribe returns appropriations made available
by this Act to the Bureau of Indian Affairs, this action shall not
diminish the Federal Government’s trust responsibility to that tribe,
or the government-to-government relationship between the United
States and that tribe, or that tribe’s ability to access future appropriations.
Notwithstanding any other provision of law, no funds available
to the Bureau of Indian Education, other than the amounts provided
herein for assistance to public schools under 25 U.S.C. 452 et
seq., shall be available to support the operation of any elementary
or secondary school in the State of Alaska.
No funds available to the Bureau of Indian Education shall
be used to support expanded grades for any school or dormitory
beyond the grade structure in place or approved by the Secretary
of the Interior at each school in the Bureau of Indian Education
school system as of October 1, 1995, except that the Secretary
of the Interior may waive this prohibition to support expansion
of up to one additional grade when the Secretary determines such
waiver is needed to support accomplishment of the mission of the
Bureau of Indian Education. Appropriations made available in this
or any prior Act for schools funded by the Bureau shall be available,
in accordance with the Bureau’s funding formula, only to the schools
in the Bureau school system as of September 1, 1996, and to
any school or school program that was reinstated in fiscal year
2012. Funds made available under this Act may not be used to
establish a charter school at a Bureau-funded school (as that term
is defined in section 1141 of the Education Amendments of 1978
(25 U.S.C. 2021)), except that a charter school that is in existence
on the date of the enactment of this Act and that has operated
at a Bureau-funded school before September 1, 1999, may continue
to operate during that period, but only if the charter school pays
to the Bureau a pro rata share of funds to reimburse the Bureau
for the use of the real and personal property (including buses
and vans), the funds of the charter school are kept separate and
apart from Bureau funds, and the Bureau does not assume any
obligation for charter school programs of the State in which the
school is located if the charter school loses such funding. Employees
of Bureau-funded schools sharing a campus with a charter school
and performing functions related to the charter school’s operation
and employees of a charter school shall not be treated as Federal
employees for purposes of chapter 171 of title 28, United States
Code.
Notwithstanding any other provision of law, including section
113 of title I of appendix C of Public Law 106–113, if in fiscal
year 2003 or 2004 a grantee received indirect and administrative
costs pursuant to a distribution formula based on section 5(f) of
Public Law 101–301, the Secretary shall continue to distribute
indirect and administrative cost funds to such grantee using the
section 5(f) distribution formula.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 451
Funds available under this Act may not be used to establish
satellite locations of schools in the Bureau school system as of
September 1, 1996, except that the Secretary may waive this
prohibition in order for an Indian tribe to provide language and
cultural immersion educational programs for non-public schools
located within the jurisdictional area of the tribal government which
exclusively serve tribal members, do not include grades beyond
those currently served at the existing Bureau-funded school, provide
an educational environment with educator presence and academic
facilities comparable to the Bureau-funded school, comply with all
applicable Tribal, Federal, or State health and safety standards,
and the Americans with Disabilities Act, and demonstrate the benefits of establishing operations at a satellite location in lieu of incurring extraordinary costs, such as for transportation or other impacts
to students such as those caused by busing students extended
distances: Provided, That no funds available under this Act may
be used to fund operations, maintenance, rehabilitation, construction or other facilities-related costs for such assets that are not
owned by the Bureau: Provided further, That the term ‘‘satellite
school’’ means a school location physically separated from the
existing Bureau school by more than 50 miles but that forms
part of the existing school in all other respects.
Of the prior year unobligated balances available for the ‘‘Operation of Indian Programs’’ account, $3,400,000 are permanently
rescinded.
Waiver authority.
Definition.
DEPARTMENTAL OFFICES
OFFICE
OF THE
SECRETARY
DEPARTMENTAL OPERATIONS
For necessary expenses for management of the Department
of the Interior, including the collection and disbursement of royalties, fees, and other mineral revenue proceeds, and for grants and
cooperative agreements, as authorized by law, $271,074,000, to
remain available until September 30, 2018; of which not to exceed
$15,000 may be for official reception and representation expenses;
and of which up to $1,000,000 shall be available for workers compensation payments and unemployment compensation payments
associated with the orderly closure of the United States Bureau
of Mines; and of which $11,000,000 for the Office of Valuation
Services is to be derived from the Land and Water Conservation
Fund and shall remain available until expended; and of which
$38,300,000 shall remain available until expended for the purpose
of mineral revenue management activities: Provided, That notwithstanding any other provision of law, $15,000 under this heading
shall be available for refunds of overpayments in connection with
certain Indian leases in which the Secretary concurred with the
claimed refund due, to pay amounts owed to Indian allottees or
tribes, or to correct prior unrecoverable erroneous payments.
ADMINISTRATIVE PROVISIONS
For fiscal year 2017, up to $400,000 of the payments authorized
by chapter 69 of title 31, United States Code, may be retained
for administrative expenses of the Payments in Lieu of Taxes Program: Provided, That no payment shall be made pursuant to that
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131 STAT. 452
PUBLIC LAW 115–31—MAY 5, 2017
chapter to otherwise eligible units of local government if the computed amount of the payment is less than $100: Provided further,
That the Secretary may reduce the payment authorized by that
chapter for an individual county by the amount necessary to correct
prior year overpayments to that county: Provided further, That
the amount needed to correct a prior year underpayment to an
individual county shall be paid from any reductions for overpayments to other counties and the amount necessary to cover any
remaining underpayment is hereby appropriated and shall be paid
to individual counties: Provided further, That in the event the
sums appropriated for any fiscal year for payments pursuant to
that chapter are less than the full payments to all units of local
government, then the payment to each local government shall be
made proportionally.
INSULAR AFFAIRS
ASSISTANCE TO TERRITORIES
Determination.
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For expenses necessary for assistance to territories under the
jurisdiction of the Department of the Interior and other jurisdictions
identified in section 104(e) of Public Law 108–188, $91,925,000,
of which: (1) $82,477,000 shall remain available until expended
for territorial assistance, including general technical assistance,
maintenance assistance, disaster assistance, coral reef initiative
activities, and brown tree snake control and research; grants to
the judiciary in American Samoa for compensation and expenses,
as authorized by law (48 U.S.C. 1661(c)); grants to the Government
of American Samoa, in addition to current local revenues, for
construction and support of governmental functions; grants to the
Government of the Virgin Islands as authorized by law; grants
to the Government of Guam, as authorized by law; and grants
to the Government of the Northern Mariana Islands as authorized
by law (Public Law 94–241; 90 Stat. 272); and (2) $9,448,000 shall
be available until September 30, 2018, for salaries and expenses
of the Office of Insular Affairs: Provided, That all financial transactions of the territorial and local governments herein provided
for, including such transactions of all agencies or instrumentalities
established or used by such governments, may be audited by the
Government Accountability Office, at its discretion, in accordance
with chapter 35 of title 31, United States Code: Provided further,
That Northern Mariana Islands Covenant grant funding shall be
provided according to those terms of the Agreement of the Special
Representatives on Future United States Financial Assistance for
the Northern Mariana Islands approved by Public Law 104–134:
Provided further, That the funds for the program of operations
and maintenance improvement are appropriated to institutionalize
routine operations and maintenance improvement of capital infrastructure with territorial participation and cost sharing to be determined by the Secretary based on the grantee’s commitment to
timely maintenance of its capital assets: Provided further, That
any appropriation for disaster assistance under this heading in
this Act or previous appropriations Acts may be used as nonFederal matching funds for the purpose of hazard mitigation grants
provided pursuant to section 404 of the Robert T. Stafford Disaster
Relief and Emergency Assistance Act (42 U.S.C. 5170c).
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 453
COMPACT OF FREE ASSOCIATION
For grants and necessary expenses, $3,318,000, to remain available until expended, as provided for in sections 221(a)(2) and 233
of the Compact of Free Association for the Republic of Palau;
and section 221(a)(2) of the Compacts of Free Association for the
Government of the Republic of the Marshall Islands and the Federated States of Micronesia, as authorized by Public Law 99–658
and Public Law 108–188.
ADMINISTRATIVE PROVISIONS
(INCLUDING TRANSFER OF FUNDS)
At the request of the Governor of Guam, the Secretary may
transfer discretionary funds or mandatory funds provided under
section 104(e) of Public Law 108–188 and Public Law 104–134,
that are allocated for Guam, to the Secretary of Agriculture for
the subsidy cost of direct or guaranteed loans, plus not to exceed
three percent of the amount of the subsidy transferred for the
cost of loan administration, for the purposes authorized by the
Rural Electrification Act of 1936 and section 306(a)(1) of the Consolidated Farm and Rural Development Act for construction and repair
projects in Guam, and such funds shall remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That such loans or loan
guarantees may be made without regard to the population of the
area, credit elsewhere requirements, and restrictions on the types
of eligible entities under the Rural Electrification Act of 1936 and
section 306(a)(1) of the Consolidated Farm and Rural Development
Act: Provided further, That any funds transferred to the Secretary
of Agriculture shall be in addition to funds otherwise made available
to make or guarantee loans under such authorities.
OFFICE
OF THE
SOLICITOR
SALARIES AND EXPENSES
For necessary
$65,769,000.
expenses
OFFICE
of
the
OF INSPECTOR
Office
of
the
Solicitor,
GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of Inspector General,
$50,047,000.
OFFICE
OF THE
SPECIAL TRUSTEE
FOR
AMERICAN INDIANS
FEDERAL TRUST PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For the operation of trust programs for Indians by direct
expenditure, contracts, cooperative agreements, compacts, and
grants, $139,029,000, to remain available until expended, of which
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131 STAT. 454
Records.
Continuance.
Records.
PUBLIC LAW 115–31—MAY 5, 2017
not to exceed $18,688,000 from this or any other Act, may be
available for historical accounting: Provided, That funds for trust
management improvements and litigation support may, as needed,
be transferred to or merged with the Bureau of Indian Affairs
and Bureau of Indian Education, ‘‘Operation of Indian Programs’’
account; the Office of the Solicitor, ‘‘Salaries and Expenses’’ account;
and the Office of the Secretary, ‘‘Departmental Operations’’ account:
Provided further, That funds made available through contracts or
grants obligated during fiscal year 2017, as authorized by the
Indian Self-Determination Act of 1975 (25 U.S.C. 450 et seq.),
shall remain available until expended by the contractor or grantee:
Provided further, That notwithstanding any other provision of law,
the Secretary shall not be required to provide a quarterly statement
of performance for any Indian trust account that has not had
activity for at least 15 months and has a balance of $15 or less:
Provided further, That the Secretary shall issue an annual account
statement and maintain a record of any such accounts and shall
permit the balance in each such account to be withdrawn upon
the express written request of the account holder: Provided further,
That not to exceed $50,000 is available for the Secretary to make
payments to correct administrative errors of either disbursements
from or deposits to Individual Indian Money or Tribal accounts
after September 30, 2002: Provided further, That erroneous payments that are recovered shall be credited to and remain available
in this account for this purpose: Provided further, That the Secretary shall not be required to reconcile Special Deposit Accounts
with a balance of less than $500 unless the Office of the Special
Trustee receives proof of ownership from a Special Deposit Accounts
claimant: Provided further, That notwithstanding section 102 of
the American Indian Trust Fund Management Reform Act of 1994
(Public Law 103–412) or any other provision of law, the Secretary
may aggregate the trust accounts of individuals whose whereabouts
are unknown for a continuous period of at least five years and
shall not be required to generate periodic statements of performance
for the individual accounts: Provided further, That with respect
to the eighth proviso, the Secretary shall continue to maintain
sufficient records to determine the balance of the individual
accounts, including any accrued interest and income, and such
funds shall remain available to the individual account holders.
DEPARTMENT-WIDE PROGRAMS
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for fire preparedness, fire suppression
operations, fire science and research, emergency rehabilitation, fuels
management activities, and rural fire assistance by the Department
of the Interior, $942,671,000, to remain available until expended,
of which not to exceed $8,427,000 shall be for the renovation or
construction of fire facilities: Provided, That such funds are also
available for repayment of advances to other appropriation accounts
from which funds were previously transferred for such purposes:
Provided further, That of the funds provided $180,000,000 is for
hazardous fuels management activities: Provided further, That of
the funds provided $20,470,000 is for burned area rehabilitation:
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 455
Provided further, That persons hired pursuant to 43 U.S.C. 1469
may be furnished subsistence and lodging without cost from funds
available from this appropriation: Provided further, That notwithstanding 42 U.S.C. 1856d, sums received by a bureau or office
of the Department of the Interior for fire protection rendered pursuant to 42 U.S.C. 1856 et seq., protection of United States property,
may be credited to the appropriation from which funds were
expended to provide that protection, and are available without
fiscal year limitation: Provided further, That using the amounts
designated under this title of this Act, the Secretary of the Interior
may enter into procurement contracts, grants, or cooperative agreements, for fuels management and resilient landscapes activities,
and for training and monitoring associated with such fuels management and resilient landscapes activities, on Federal land, or on
adjacent non-Federal land for activities that benefit resources on
Federal land: Provided further, That the costs of implementing
any cooperative agreement between the Federal Government and
any non-Federal entity may be shared, as mutually agreed on
by the affected parties: Provided further, That notwithstanding
requirements of the Competition in Contracting Act, the Secretary,
for purposes of fuels management and resilient landscapes activities, may obtain maximum practicable competition among: (1) local
private, nonprofit, or cooperative entities; (2) Youth Conservation
Corps crews, Public Lands Corps (Public Law 109–154), or related
partnerships with State, local, or nonprofit youth groups; (3) small
or micro-businesses; or (4) other entities that will hire or train
locally a significant percentage, defined as 50 percent or more,
of the project workforce to complete such contracts: Provided further,
That in implementing this section, the Secretary shall develop
written guidance to field units to ensure accountability and consistent application of the authorities provided herein: Provided further, That funds appropriated under this heading may be used
to reimburse the United States Fish and Wildlife Service and the
National Marine Fisheries Service for the costs of carrying out
their responsibilities under the Endangered Species Act of 1973
(16 U.S.C. 1531 et seq.) to consult and conference, as required
by section 7 of such Act, in connection with wildland fire management activities: Provided further, That the Secretary of the Interior
may use wildland fire appropriations to enter into leases of real
property with local governments, at or below fair market value,
to construct capitalized improvements for fire facilities on such
leased properties, including but not limited to fire guard stations,
retardant stations, and other initial attack and fire support facilities, and to make advance payments for any such lease or for
construction activity associated with the lease: Provided further,
That the Secretary of the Interior and the Secretary of Agriculture
may authorize the transfer of funds appropriated for wildland fire
management, in an aggregate amount not to exceed $50,000,000,
between the Departments when such transfers would facilitate and
expedite wildland fire management programs and projects: Provided
further, That funds provided for wildfire suppression shall be available for support of Federal emergency response actions: Provided
further, That funds appropriated under this heading shall be available for assistance to or through the Department of State in connection with forest and rangeland research, technical information, and
assistance in foreign countries, and, with the concurrence of the
Secretary of State, shall be available to support forestry, wildland
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Guidance.
PUBL031
131 STAT. 456
PUBLIC LAW 115–31—MAY 5, 2017
fire management, and related natural resource activities outside
the United States and its territories and possessions, including
technical assistance, education and training, and cooperation with
United States and international organizations.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for large fire suppression operations
of the Department of the Interior and as a reserve fund for suppression and Federal emergency response activities, $65,000,000, to
remain available until expended: Provided, That such amounts
are only available for transfer to the ‘‘Wildland Fire Management’’
account following a declaration by the Secretary in accordance
with section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a):
Provided further, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
CENTRAL HAZARDOUS MATERIALS FUND
For necessary expenses of the Department of the Interior and
any of its component offices and bureaus for the response action,
including associated activities, performed pursuant to the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), $10,010,000, to remain available until
expended.
NATURAL RESOURCE DAMAGE ASSESSMENT
AND
RESTORATION
NATURAL RESOURCE DAMAGE ASSESSMENT FUND
To conduct natural resource damage assessment, restoration
activities, and onshore oil spill preparedness by the Department
of the Interior necessary to carry out the provisions of the Comprehensive Environmental Response, Compensation, and Liability
Act (42 U.S.C. 9601 et seq.), the Federal Water Pollution Control
Act (33 U.S.C. 1251 et seq.), the Oil Pollution Act of 1990 (33
U.S.C. 2701 et seq.), and 54 U.S.C. 100721 et seq., $7,767,000,
to remain available until expended.
WORKING CAPITAL FUND
For the operation and maintenance of a departmental financial
and business management system, information technology improvements of general benefit to the Department, cybersecurity, and
the consolidation of facilities and operations throughout the Department, $67,100,000, to remain available until expended: Provided,
That none of the funds appropriated in this Act or any other
Act may be used to establish reserves in the Working Capital
Fund account other than for accrued annual leave and depreciation
of equipment without prior approval of the Committees on Appropriations of the House of Representatives and the Senate: Provided
further, That the Secretary may assess reasonable charges to State,
local and tribal government employees for training services provided
by the National Indian Program Training Center, other than
training related to Public Law 93–638: Provided further, That the
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 457
Secretary may lease or otherwise provide space and related facilities, equipment or professional services of the National Indian
Program Training Center to State, local and tribal government
employees or persons or organizations engaged in cultural, educational, or recreational activities (as defined in section 3306(a)
of title 40, United States Code) at the prevailing rate for similar
space, facilities, equipment, or services in the vicinity of the
National Indian Program Training Center: Provided further, That
all funds received pursuant to the two preceding provisos shall
be credited to this account, shall be available until expended, and
shall be used by the Secretary for necessary expenses of the
National Indian Program Training Center: Provided further, That
the Secretary may enter into grants and cooperative agreements
to support the Office of Natural Resource Revenue’s collection and
disbursement of royalties, fees, and other mineral revenue proceeds,
as authorized by law.
ADMINISTRATIVE PROVISION
There is hereby authorized for acquisition from available
resources within the Working Capital Fund, aircraft which may
be obtained by donation, purchase or through available excess surplus property: Provided, That existing aircraft being replaced may
be sold, with proceeds derived or trade-in value used to offset
the purchase price for the replacement aircraft.
PAYMENTS IN LIEU OF TAXES
For necessary expenses for payments authorized by chapter
69 of title 31, United States Code, $465,000,000 shall be available
for fiscal year 2017.
GENERAL PROVISIONS, DEPARTMENT
OF THE INTERIOR
(INCLUDING TRANSFERS OF FUNDS)
EMERGENCY TRANSFER AUTHORITY—INTRA-BUREAU
SEC. 101. Appropriations made in this title shall be available
for expenditure or transfer (within each bureau or office), with
the approval of the Secretary, for the emergency reconstruction,
replacement, or repair of aircraft, buildings, utilities, or other facilities or equipment damaged or destroyed by fire, flood, storm, or
other unavoidable causes: Provided, That no funds shall be made
available under this authority until funds specifically made available to the Department of the Interior for emergencies shall have
been exhausted: Provided further, That all funds used pursuant
to this section must be replenished by a supplemental appropriation,
which must be requested as promptly as possible.
EMERGENCY TRANSFER AUTHORITY—DEPARTMENT-WIDE
SEC. 102. The Secretary may authorize the expenditure or
transfer of any no year appropriation in this title, in addition
to the amounts included in the budget programs of the several
agencies, for the suppression or emergency prevention of wildland
fires on or threatening lands under the jurisdiction of the Department of the Interior; for the emergency rehabilitation of burned-
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131 STAT. 458
Fires and fire
protection.
Determination.
Deadline.
PUBLIC LAW 115–31—MAY 5, 2017
over lands under its jurisdiction; for emergency actions related
to potential or actual earthquakes, floods, volcanoes, storms, or
other unavoidable causes; for contingency planning subsequent to
actual oil spills; for response and natural resource damage assessment activities related to actual oil spills or releases of hazardous
substances into the environment; for the prevention, suppression,
and control of actual or potential grasshopper and Mormon cricket
outbreaks on lands under the jurisdiction of the Secretary, pursuant
to the authority in section 417(b) of Public Law 106–224 (7 U.S.C.
7717(b)); for emergency reclamation projects under section 410 of
Public Law 95–87; and shall transfer, from any no year funds
available to the Office of Surface Mining Reclamation and Enforcement, such funds as may be necessary to permit assumption of
regulatory authority in the event a primacy State is not carrying
out the regulatory provisions of the Surface Mining Act: Provided,
That appropriations made in this title for wildland fire operations
shall be available for the payment of obligations incurred during
the preceding fiscal year, and for reimbursement to other Federal
agencies for destruction of vehicles, aircraft, or other equipment
in connection with their use for wildland fire operations, such
reimbursement to be credited to appropriations currently available
at the time of receipt thereof: Provided further, That for wildland
fire operations, no funds shall be made available under this
authority until the Secretary determines that funds appropriated
for ‘‘wildland fire operations’’ and ‘‘FLAME Wildfire Suppression
Reserve Fund’’ shall be exhausted within 30 days: Provided further,
That all funds used pursuant to this section must be replenished
by a supplemental appropriation, which must be requested as
promptly as possible: Provided further, That such replenishment
funds shall be used to reimburse, on a pro rata basis, accounts
from which emergency funds were transferred.
AUTHORIZED USE OF FUNDS
SEC. 103. Appropriations made to the Department of the
Interior in this title shall be available for services as authorized
by section 3109 of title 5, United States Code, when authorized
by the Secretary, in total amount not to exceed $500,000; purchase
and replacement of motor vehicles, including specially equipped
law enforcement vehicles; hire, maintenance, and operation of aircraft; hire of passenger motor vehicles; purchase of reprints; payment for telephone service in private residences in the field, when
authorized under regulations approved by the Secretary; and the
payment of dues, when authorized by the Secretary, for library
membership in societies or associations which issue publications
to members only or at a price to members lower than to subscribers
who are not members.
AUTHORIZED USE OF FUNDS, INDIAN TRUST MANAGEMENT
SEC. 104. Appropriations made in this Act under the headings
Bureau of Indian Affairs and Bureau of Indian Education, and
Office of the Special Trustee for American Indians and any unobligated balances from prior appropriations Acts made under the
same headings shall be available for expenditure or transfer for
Indian trust management and reform activities. Total funding for
historical accounting activities shall not exceed amounts specifically
designated in this Act for such purpose.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 459
REDISTRIBUTION OF FUNDS, BUREAU OF INDIAN AFFAIRS
SEC. 105. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to redistribute any Tribal
Priority Allocation funds, including tribal base funds, to alleviate
tribal funding inequities by transferring funds to address identified,
unmet needs, dual enrollment, overlapping service areas or inaccurate distribution methodologies. No tribe shall receive a reduction
in Tribal Priority Allocation funds of more than 10 percent in
fiscal year 2017. Under circumstances of dual enrollment, overlapping service areas or inaccurate distribution methodologies, the
10 percent limitation does not apply.
ELLIS, GOVERNORS, AND LIBERTY ISLANDS
SEC. 106. Notwithstanding any other provision of law, the
Secretary of the Interior is authorized to acquire lands, waters,
or interests therein including the use of all or part of any pier,
dock, or landing within the State of New York and the State
of New Jersey, for the purpose of operating and maintaining facilities in the support of transportation and accommodation of visitors
to Ellis, Governors, and Liberty Islands, and of other program
and administrative activities, by donation or with appropriated
funds, including franchise fees (and other monetary consideration),
or by exchange; and the Secretary is authorized to negotiate and
enter into leases, subleases, concession contracts or other agreements for the use of such facilities on such terms and conditions
as the Secretary may determine reasonable.
OUTER CONTINENTAL SHELF INSPECTION FEES
SEC. 107. (a) In fiscal year 2017, the Secretary shall collect
a nonrefundable inspection fee, which shall be deposited in the
‘‘Offshore Safety and Environmental Enforcement’’ account, from
the designated operator for facilities subject to inspection under
43 U.S.C. 1348(c).
(b) Annual fees shall be collected for facilities that are above
the waterline, excluding drilling rigs, and are in place at the start
of the fiscal year. Fees for fiscal year 2017 shall be:
(1) $10,500 for facilities with no wells, but with processing
equipment or gathering lines;
(2) $17,000 for facilities with 1 to 10 wells, with any combination of active or inactive wells; and
(3) $31,500 for facilities with more than 10 wells, with
any combination of active or inactive wells.
(c) Fees for drilling rigs shall be assessed for all inspections
completed in fiscal year 2017. Fees for fiscal year 2017 shall be:
(1) $30,500 per inspection for rigs operating in water depths
of 500 feet or more; and
(2) $16,700 per inspection for rigs operating in water depths
of less than 500 feet.
(d) The Secretary shall bill designated operators under subsection (b) within 60 days, with payment required within 30 days
of billing. The Secretary shall bill designated operators under subsection (c) within 30 days of the end of the month in which the
inspection occurred, with payment required within 30 days of
billing.
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BUREAU OF OCEAN ENERGY MANAGEMENT, REGULATION AND
ENFORCEMENT REORGANIZATION
SEC. 108. The Secretary of the Interior, in order to implement
a reorganization of the Bureau of Ocean Energy Management,
Regulation and Enforcement, may transfer funds among and
between the successor offices and bureaus affected by the reorganization only in conformance with the reprogramming guidelines
described in the explanatory statement described in section 4 (in
the matter preceding division A of this consolidated Act).
CONTRACTS AND AGREEMENTS FOR WILD HORSE AND BURRO HOLDING
FACILITIES
Time periods.
SEC. 109. Notwithstanding any other provision of this Act,
the Secretary of the Interior may enter into multiyear cooperative
agreements with nonprofit organizations and other appropriate entities, and may enter into multiyear contracts in accordance with
the provisions of section 3903 of title 41, United States Code (except
that the 5-year term restriction in subsection (a) shall not apply),
for the long-term care and maintenance of excess wild free roaming
horses and burros by such organizations or entities on private
land. Such cooperative agreements and contracts may not exceed
10 years, subject to renewal at the discretion of the Secretary.
MASS MARKING OF SALMONIDS
SEC. 110. The United States Fish and Wildlife Service shall,
in carrying out its responsibilities to protect threatened and endangered species of salmon, implement a system of mass marking
of salmonid stocks, intended for harvest, that are released from
federally operated or federally financed hatcheries including but
not limited to fish releases of coho, chinook, and steelhead species.
Marked fish must have a visible mark that can be readily identified
by commercial and recreational fishers.
EXHAUSTION OF ADMINISTRATIVE REVIEW
SEC. 111. Paragraph (1) of section 122(a) of division E of Public
Law 112–74 (125 Stat. 1013) is amended by striking ‘‘through
2018,’’ in the first sentence and inserting ‘‘through 2020,’’.
WILD LANDS FUNDING PROHIBITION
SEC. 112. None of the funds made available in this Act or
any other Act may be used to implement, administer, or enforce
Secretarial Order No. 3310 issued by the Secretary of the Interior
on December 22, 2010: Provided, That nothing in this section shall
restrict the Secretary’s authorities under sections 201 and 202
of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1711 and 1712).
CONTRACTS AND AGREEMENTS WITH INDIAN AFFAIRS
SEC. 113. Notwithstanding any other provision of law, during
fiscal year 2017, in carrying out work involving cooperation with
State, local, and tribal governments or any political subdivision
thereof, Indian Affairs may record obligations against accounts
receivable from any such entities, except that total obligations at
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the end of the fiscal year shall not exceed total budgetary resources
available at the end of the fiscal year.
SAGE-GROUSE
SEC. 114. None of the funds made available by this or any
other Act may be used by the Secretary of the Interior to write
or issue pursuant to section 4 of the Endangered Species Act of
1973 (16 U.S.C. 1533)—
(1) a proposed rule for greater sage-grouse (Centrocercus
urophasianus);
(2) a proposed rule for the Columbia basin distinct population segment of greater sage-grouse.
BLUE RIDGE NATIONAL HERITAGE AREA AND ERIE CANALWAY
NATIONAL HERITAGE CORRIDOR
SEC. 115. (a) Section 140(i)(1) of Title I of Public Law 108–
108, as amended (54 U.S.C. 320101 note), is further amended
by striking ‘‘$10,000,000’’ and inserting ‘‘$12,000,000’’; and
(b) Section 810(a)(1) of Title VIII of Division B of Appendix
D of Public Law 106–554, as amended (54 U.S.C. 320101 note),
is further amended by striking ‘‘$10,000,000’’ and inserting
‘‘$12,000,000’’.
HUMANE TRANSFER OF EXCESS ANIMALS
SEC. 116. Notwithstanding any other provision of law, the
Secretary of the Interior may transfer excess wild horses or burros
that have been removed from the public lands to other Federal,
State, and local government agencies for use as work animals:
Provided, That the Secretary may make any such transfer immediately upon request of such Federal, State, or local government
agency: Provided further, That any excess animal transferred under
this provision shall lose its status as a wild free-roaming horse
or burro as defined in the Wild Free-Roaming Horses and Burros
Act: Provided further, That any Federal, State, or local government
agency receiving excess wild horses or burros as authorized in
this section shall not: destroy the horses or burros in a way that
results in their destruction into commercial products; sell or otherwise transfer the horses or burros in a way that results in their
destruction for processing into commercial products; or euthanize
the horses or burros except upon the recommendation of a licensed
veterinarian, in cases of severe injury, illness, or advanced age.
REPUBLIC OF PALAU
SEC. 117. (a) IN GENERAL.—Subject to subsection (c), the United
States Government, through the Secretary of the Interior shall
provide to the Government of Palau for fiscal year 2017 grants
in amounts equal to the annual amounts specified in subsections
(a), (c), and (d) of section 211 of the Compact of Free Association
between the Government of the United States of America and
the Government of Palau (48 U.S.C. 1931 note) (referred to in
this section as the ‘‘Compact’’).
(b) PROGRAMMATIC ASSISTANCE.—Subject to subsection (c), the
United States shall provide programmatic assistance to the Republic
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of Palau for fiscal year 2017 in amounts equal to the amounts
provided in subsections (a) and (b)(1) of section 221 of the Compact.
(c) LIMITATIONS ON ASSISTANCE.—
(1) IN GENERAL.—The grants and programmatic assistance
provided under subsections (a) and (b) shall be provided to
the same extent and in the same manner as the grants and
assistance were provided in fiscal year 2009.
(2) TRUST FUND.—If the Government of Palau withdraws
more than $5,000,000 from the trust fund established under
section 211(f) of the Compact, amounts to be provided under
subsections (a) and (b) shall be withheld from the Government
of Palau.
DEPARTMENT OF THE INTERIOR EXPERIENCED SERVICES PROGRAM
SEC. 118. (a) Notwithstanding any other provision of law
relating to Federal grants and cooperative agreements, the Secretary of the Interior is authorized to make grants to, or enter
into cooperative agreements with, private nonprofit organizations
designated by the Secretary of Labor under title V of the Older
Americans Act of 1965 to utilize the talents of older Americans
in programs authorized by other provisions of law administered
by the Secretary and consistent with such provisions of law.
(b) Prior to awarding any grant or agreement under subsection
(a), the Secretary shall ensure that the agreement would not—
(1) result in the displacement of individuals currently
employed by the Department, including partial displacement
through reduction of non-overtime hours, wages, or employment
benefits;
(2) result in the use of an individual under the Department
of the Interior Experienced Services Program for a job or function in a case in which a Federal employee is in a layoff
status from the same or substantially equivalent job within
the Department; or
(3) affect existing contracts for services.
Grants.
Contracts.
NATCHEZ NATIONAL HISTORICAL PARK
16 USC 410oo–6.
SEC. 119. The Secretary of the Interior is authorized to acquire
by donation or purchase from willing sellers, any lands at the
site of the historic Forks of the Road Slave Market, as generally
depicted on the map entitled ‘‘Natchez National Historical Park—
Proposed Boundary Addition’’, numbered 339/116045, and dated
April 2016. Upon acquisition of any land or interests in land,
the Secretary shall revise the boundary of Natchez National Historical Park to reflect the acquisition and the land shall be managed
in accordance with the laws and regulations applicable to the park:
Provided, That section 7 of Public Law 100–479 is amended by
inserting ‘‘land acquisition and development as authorized in’’ after
‘‘carry out’’.
Mississippi.
SPECIAL RESOURCE STUDY TO PRESERVE CIVIL RIGHTS SITES
SEC. 120. (a) STUDY.—The Secretary of the Interior (referred
to in this section as the ‘‘Secretary’’) shall conduct a special resource
study of significant civil rights sites in the State of Mississippi,
including—
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(1) the home of the late civil rights activist Medgar Evers,
located at 2332 Margaret Walker Alexander Drive, Jackson,
Mississippi;
(2) the Tallahatchie County Courthouse, located at 100
North Court Street, Sumner, Mississippi;
(3) the site of Bryant’s Store, located at the intersection
of County Road 518 and County Road 24, Money, Mississippi;
(4) the site of the former office of Dr. Gilbert Mason,
Sr., located at 670 Division Street, Biloxi, Mississippi; and
(5) the Old Neshoba County Jail, located at 422 Myrtle
Avenue, East, Philadelphia, Mississippi.
(b) CONTENTS.—In conducting the study under subsection (a),
the Secretary shall—
(1) evaluate the national significance of each site;
(2) determine the suitability and feasibility of designating
each site as a unit of the National Park System;
(3)(A) take into consideration other alternatives for
preservation, protection, and interpretation of each site by—
(i) Federal, State, or local governmental entities; or
(ii) private or nonprofit organizations; and
(B) identify cost estimates for any Federal acquisition,
development, interpretation, operation, and maintenance associated with the alternatives; and
(4) consult with interested Federal, State, and local governmental entities, private and nonprofit organizations, and other
individuals.
(c) APPLICABLE LAW.—The study under subsection (a) shall
be conducted in accordance with section 100507 of title 54, United
States Code.
(d) STUDY RESULTS.—Not later than 3 years after the date
on which funds are initially made available for the study under
subsection (a), the Secretary shall submit to the Committee on
Natural Resources of the House of Representatives and the Committee on Energy and Natural Resources of the Senate a report
that describes—
(1) the results of the study; and
(2) any relevant conclusions and recommendations of the
Secretary.
Evaluation.
Determination.
Reports.
CONTINUOUS OPERATIONS
SEC. 121. Not later than 30 days after the date of enactment
of this Act, the Secretary of the Interior shall amend the regulations
issued under section 250.180 of title 30, Code of Federal Regulations—
(1) by striking each reference to ‘‘180 days’’ and inserting
‘‘year’’;
(2) by striking each reference to ‘‘180th day’’ and inserting
‘‘year’’; and
(3) by striking each reference to ‘‘180-day period’’ and
inserting ‘‘1-year period’’.
Deadline.
Regulations.
BUREAU OF LAND MANAGEMENT FOUNDATION
SEC. 122. (a) DEFINITIONS.—In this section:
(1) BOARD.—The term ‘‘Board’’ means the Board of Directors of the Foundation established under subsection (c).
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(2) FOUNDATION.—The term ‘‘Foundation’’ means the
Bureau of Land Management Foundation established by subsection (b)(1)(A).
(3) PUBLIC LAND.—The term ‘‘public land’’ has the meaning
given the term ‘‘public lands’’ in section 103 of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1702).
(4) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(5) WILD FREE-ROAMING HORSES AND BURROS.—The term
‘‘wild free-roaming horses and burros’’ has the meaning given
the term in section 2 of Public Law 92–195 (commonly known
as the ‘‘Wild Free-Roaming Horses And Burros Act’’) (16 U.S.C.
1332).
(b) ESTABLISHMENT AND PURPOSES.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—There is established a foundation,
to be known as the ‘‘Bureau of Land Management Foundation’’.
(B) LIMITATION.—The Foundation shall not be considered to be an agency or establishment of the United States.
(C) TAX EXEMPTION.—The Foundation shall be considered to be a charitable and nonprofit corporation under
section 501(c)(3) of the Internal Revenue Code of 1986.
(2) PURPOSES.—The purposes of the Foundation are—
(A) to encourage, accept, and administer private gifts
of money and real and personal property for the benefit
of, or in connection with the activities and services of,
the Bureau of Land Management;
(B) to carry out activities that advance the purposes
for which public land is administered;
(C) to carry out and encourage educational, technical,
scientific, and other assistance or activities that support
the mission of the Bureau of Land Management; and
(D) to assist the Bureau of Land Management with
challenges that could be better addressed with the support
of a foundation, including—
(i) reclamation and conservation activities;
(ii) activities relating to wild free-roaming horses
and burros; and
(iii) the stewardship of cultural and archeological
treasures on public land.
(c) BOARD OF DIRECTORS.—
(1) ESTABLISHMENT.—
(A) IN GENERAL.—The Foundation shall be governed
by a Board of Directors.
(B) COMPOSITION.—
(i) IN GENERAL.—The Board shall consist of not
more than 9 members.
(ii) EX-OFFICIO MEMBER.—The Director of the
Bureau of Land Management shall be an ex-officio,
nonvoting member of the Board.
(C) REQUIREMENTS.—
(i) CITIZENSHIP.—A member appointed to the
Board shall be a citizen of the United States.
(ii) EXPERTISE.—A majority of members appointed
to the Board shall have education or experience
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relating to natural, cultural, conservation, or other
resource management, law, or research.
(iii) DIVERSE POINTS OF VIEW.—To the maximum
extent practicable, the members of the Board shall
represent diverse points of view.
(2) DATE OF INITIAL APPOINTMENT.—Not later than 1 year
after the date of enactment of this Act, the Secretary shall
appoint the initial members of the Board.
(3) TERMS.—
(A) IN GENERAL.—Except as provided in subparagraph
(B), a member of the Board shall be appointed for a term
of 6 years.
(B) INITIAL APPOINTMENTS.—The Secretary shall
stagger the initial appointments to the Board, as the Secretary determines to be appropriate, in a manner that
ensures that—
(i) 1/3 of the members shall serve for a term of
2 years;
(ii) 1/3 of the members shall serve for a term
of 4 years; and
(iii) 1/3 of the members shall serve for a term
of 6 years.
(C) VACANCIES.—A vacancy on the Board shall be
filled—
(i) not later than 60 days after the date of the
vacancy;
(ii) in the manner in which the original appointment was made; and
(iii) for the remainder of the term of the member
vacating the Board.
(D) REMOVAL FOR FAILURE TO ATTEND MEETINGS.—
(i) IN GENERAL.—A member of the Board may be
removed from the Board by a majority vote of the
Board, if the individual fails to attend 3 consecutive
regularly scheduled meetings of the Board.
(ii) REQUIREMENTS.—A vacancy as the result of
a removal under clause (i) shall be filled in accordance
with subparagraph (C).
(E) LIMITATION.—A member of the Board shall not
serve more than 12 consecutive years on the Board.
(4) CHAIRPERSON.—
(A) IN GENERAL.—The Board shall elect a Chairperson
from among the members of the Board.
(B) TERM.—The Chairperson of the Board—
(i) shall serve as Chairperson for a 2-year term;
and
(ii) may be reelected as Chairperson while serving
as a member of the Board.
(5) QUORUM.—A majority of the voting members of the
Board shall constitute a quorum for the transaction of business
of the Board.
(6) MEETINGS.—The Board shall meet—
(A) at the call of the Chairperson; but
(B) not less than once each calendar year.
(7) REIMBURSEMENT OF EXPENSES.—
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(A) IN GENERAL.—Serving as a member of the Board
shall not constitute employment by the Federal Government for any purpose.
(B) REIMBURSEMENT.—A member of the Board shall
serve without pay, other than reimbursement for the actual
and necessary traveling and subsistence expenses incurred
in the performance of the duties of the member for the
Foundation, in accordance with section 5703 of title 5,
United States Code.
(8) GENERAL POWERS.—The Board may—
(A) appoint officers and employees in accordance with
paragraph (9);
(B) adopt a constitution and bylaws consistent with
the purposes of the Foundation and this section; and
(C) carry out any other activities that may be necessary
to function and to carry out this section.
(9) OFFICERS AND EMPLOYEES.—
(A) IN GENERAL.—No officer or employee may be
appointed to the Foundation until the date on which the
Board determines that the Foundation has sufficient funds
to pay for the service of the officer or employee.
(B) LIMITATION.—Appointment as an officer or
employee of the Foundation shall not constitute employment by the Federal Government.
(10) LIMITATION AND CONFLICTS OF INTEREST.—
(A) PROHIBITION ON POLITICAL ACTIVITY.—The Foundation shall not participate or intervene in a political campaign on behalf of any candidate for public office.
(B) LIMITATION ON PARTICIPATION.—No member of the
Board or officer or employee of the Foundation shall participate, directly or indirectly, in the consideration or determination of any question before the Foundation that
affects—
(i) the financial interests of the member of the
Board, officer, or employee; or
(ii) the interests of any corporation partnership,
entity, or organization in which the member of the
Board, officer, or employee—
(I) is an officer, director, or trustee; or
(II) has any direct or indirect financial
interest.
(d) POWERS AND OBLIGATIONS.—
(1) IN GENERAL.—The Foundation—
(A) shall have perpetual succession; and
(B) may conduct business throughout the several
States, territories, and possessions of the United States.
(2) NOTICE; SERVICE OF PROCESS.—
(A) DESIGNATED AGENT.—The Foundation shall at all
times maintain a designated agent in the District of
Columbia authorized to accept service of process for the
Foundation.
(B) SERVICE OF PROCESS.—The serving of notice to,
or service of process on, the agent required under this
paragraph, or mailed to the business address of the agent,
shall be deemed to be notice to, or the service of process
on, the Foundation.
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(3) SEAL.—The Foundation shall have an official seal, to
be selected by the Board, which shall be judicially noticed.
(4) POWERS.—To carry out the purposes of the Foundation,
the Foundation shall have, in addition to powers otherwise
authorized by this section, the usual powers of a not-for-profit
corporation in the District of Columbia, including the power—
(A) to accept, receive, solicit, hold, administer, and
use any gift, devise, or bequest, absolutely or in trust,
of real or personal property, or any income from, or other
interest in, the property;
(B) to acquire by donation, gift, devise, purchase, or
exchange, and to dispose of, any real or personal property
or interest in the property;
(C) to sell, donate, lease, invest, reinvest, retain, or
otherwise dispose of any property or income from property,
unless limited by the instrument of transfer;
(D) to borrow money and issue bonds, debentures, or
other debt instruments;
(E) to sue and be sued, and complain and defend itself
in any court of competent jurisdiction, except that the
members of the Board shall not be held personally liable,
except in a case of gross negligence;
(F)(i) to enter into contracts or other agreements with
public agencies, private organizations, and persons; and
(ii) to make such payments as may be necessary
to carry out the purposes of the contracts or agreements; and
(G) to carry out any activity necessary and proper
to advance the purposes of the Foundation.
(5) REAL PROPERTY.—
(A) IN GENERAL.—For purposes of this section, an
interest in real property shall include mineral and water
rights, rights-of-way, and easements, appurtenant or in
gross.
(B) ACCEPTANCE.—A gift, devise, or bequest of real
property may be accepted by the Foundation, regardless
of whether the property is encumbered, restricted, or subject to beneficial interests of a private person, if any current
or future interest in the property is for the benefit of
the Foundation.
(C) DECLINING GIFTS.—The Foundation may, at the
discretion of the Foundation, decline any gift, devise, or
bequest of real property.
(D) PROHIBITION ON CONDEMNATION.—No land, water,
or interest in land or water, that is owned by the Foundation shall be subject to condemnation by any State, political
subdivision of a State, or agent or instrumentality of a
State or political subdivision of a State.
(e) ADMINISTRATIVE SERVICES AND SUPPORT.—
(1) FUNDING.—
(A) IN GENERAL.—For the purposes of assisting the
Foundation in establishing an office and meeting initial
administrative, project, and other expenses, the Secretary
may provide to the Foundation, from funds appropriated
under subsection (j), such sums as are necessary for fiscal
years 2017 and 2018.
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(B) AVAILABILITY OF FUNDS.—Funds made available
under subparagraph (A) shall remain available to the
Foundation until expended for authorized purposes.
(2) ADMINISTRATIVE EXPENSES.—
(A) IN GENERAL.—The Secretary may provide to the
Foundation personnel, facilities, equipment, and other
administrative services, subject to such limitations, terms,
and conditions as the Secretary may establish.
(B) REIMBURSEMENT.—The Foundation may reimburse
the Secretary for any support provided under subparagraph
(A), in whole or in part, and any reimbursement received
by the Secretary under this subparagraph shall be deposited in the Treasury to the credit of the appropriations
then current and chargeable for the cost of providing the
services.
(f) VOLUNTEERS.—The Secretary may accept, without regard
to the civil service classification laws (including regulations), the
services of the Foundation, the Board, and the officers, employees,
and agents of the Foundation, without compensation from the
Department of the Interior, as volunteers for the performance of
the functions under section 307(d) of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1737(d)).
(g) AUDITS AND REPORT REQUIREMENTS.—
(1) AUDITS.—For purposes of section 10101 of title 36,
United States Code, the Foundation shall be considered to
be a private corporation established under Federal law.
(2) ANNUAL REPORTS.—At the end of each fiscal year, the
Board shall submit to Congress a report that describes the
proceedings and activities of the Foundation during that fiscal
year, including a full and complete statement of the receipts,
expenditures, and investments.
(h) UNITED STATES RELEASE FROM LIABILITY.—
(1) IN GENERAL.—The United States shall not be liable
for any debt, default, act, or omission of the Foundation.
(2) FULL FAITH AND CREDIT.—The full faith and credit
of the United States shall not extend to any obligation of
the Foundation.
(i) LIMITATION ON AUTHORITY.—Nothing in this section authorizes the Foundation to perform any function the authority for which
is provided to the Bureau of Land Management under any other
provision of law.
(j) AUTHORIZATION OF APPROPRIATIONS.—There are authorized
to be appropriated such sums as are necessary to carry out this
section.
TITLE II
ENVIRONMENTAL PROTECTION AGENCY
SCIENCE
AND
TECHNOLOGY
(INCLUDING RESCISSION OF FUNDS)
For science and technology, including research and development
activities, which shall include research and development activities
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under the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980; necessary expenses for personnel and
related costs and travel expenses; procurement of laboratory equipment and supplies; and other operating expenses in support of
research and development, $713,823,000, to remain available until
September 30, 2018: Provided, That of the funds included under
this heading, $4,100,000 shall be for Research: National Priorities
as specified in the explanatory statement described in section 4
(in the matter preceding division A of this consolidated Act): Provided further, That of the unobligated balances from appropriations
made available under this heading, $7,350,000 are permanently
rescinded: Provided further, That no amounts may be rescinded
pursuant to the preceding proviso from amounts made available
in the first proviso for Research: National Priorities: Provided further, That such rescission shall be applied to program project areas,
to the extent practicable, to reflect changes to funding projections
due to routine attrition during fiscal year 2017.
ENVIRONMENTAL PROGRAMS
AND
Applicability.
Time period.
MANAGEMENT
(INCLUDING RESCISSION OF FUNDS)
For environmental programs and management, including necessary expenses, not otherwise provided for, for personnel and
related costs and travel expenses; hire of passenger motor vehicles;
hire, maintenance, and operation of aircraft; purchase of reprints;
library memberships in societies or associations which issue publications to members only or at a price to members lower than to
subscribers who are not members; administrative costs of the
brownfields program under the Small Business Liability Relief and
Brownfields Revitalization Act of 2002; and not to exceed $9,000
for official reception and representation expenses, $2,619,799,000,
to remain available until September 30, 2018: Provided, That of
the funds included under this heading, $12,700,000 shall be for
Environmental Protection: National Priorities as specified in the
explanatory statement described in section 4 (in the matter preceding division A of this consolidated Act): Provided further, That
of the funds included under this heading, $435,857,000 shall be
for Geographic Programs specified in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act): Provided further, That of the unobligated balances
from appropriations made available under this heading, $21,800,000
are permanently rescinded: Provided further, That no amounts may
be rescinded pursuant to the preceding proviso from amounts made
available in the first proviso for Environmental Protection: National
Priorities, from amounts made available in the second proviso for
Geographic Programs, or from the National Estuary Program (33
U.S.C. 1330): Provided further, That such rescission shall be applied
to program project areas, to the extent practicable, to reflect changes
to funding projections due to routine attrition during fiscal year
2017.
In addition, $3,000,000 to remain available until expended,
for necessary expenses of activities described in section 26(b)(1)
of the Toxic Substances Control Act (15 U.S.C. 2625(b)(1)): Provided,
That fees collected pursuant to that section of that Act and deposited
in the ‘‘TSCA Service Fee Fund’’ as discretionary offsetting receipts
in fiscal year 2017 shall be retained and used for necessary salaries
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Applicability.
Time period.
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PUBLIC LAW 115–31—MAY 5, 2017
and expenses in this appropriation and shall remain available until
expended: Provided further, That the sum herein appropriated in
this paragraph from the general fund for fiscal year 2017 shall
be reduced by the amount of discretionary offsetting receipts
received during fiscal year 2017, so as to result in a final fiscal
year 2017 appropriation from the general fund estimated at not
more than $0: Provided further, That to the extent that amounts
realized from such receipts exceed $3,000,000, those amount in
excess of $3,000,000 shall be deposited in the ‘‘TSCA Service Fee
Fund’’ as discretionary offsetting receipts in fiscal year 2017, shall
be retained and used for necessary salaries and expenses in this
account, and shall remain available until expended: Provided further, That of the funds included in the first paragraph under this
heading, the Chemical Risk Review and Reduction program project
shall be allocated for this fiscal year, excluding the amount of
any fees appropriated, not less than the amount of appropriations
for that program project for fiscal year 2014.
HAZARDOUS WASTE ELECTRONIC MANIFEST SYSTEM FUND
For necessary expenses to carry out section 3024 of the Solid
Waste Disposal Act (42 U.S.C. 6939g), including the development,
operation, maintenance, and upgrading of the hazardous waste
electronic manifest system established by such section, $3,178,000,
to remain available until September 30, 2019.
OFFICE
OF INSPECTOR
GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
$41,489,000, to remain available until September 30, 2018.
BUILDINGS
AND
FACILITIES
For construction, repair, improvement, extension, alteration,
and purchase of fixed equipment or facilities of, or for use by,
the Environmental Protection Agency, $34,467,000, to remain available until expended.
HAZARDOUS SUBSTANCE SUPERFUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses to carry out the Comprehensive
Environmental Response, Compensation, and Liability Act of 1980
(CERCLA), including sections 111(c)(3), (c)(5), (c)(6), and (e)(4) (42
U.S.C. 9611) $1,088,769,000, to remain available until expended,
consisting of such sums as are available in the Trust Fund on
September 30, 2016, as authorized by section 517(a) of the Superfund Amendments and Reauthorization Act of 1986 (SARA) and
up to $1,088,769,000 as a payment from general revenues to the
Hazardous Substance Superfund for purposes as authorized by section 517(b) of SARA: Provided, That funds appropriated under
this heading may be allocated to other Federal agencies in accordance with section 111(a) of CERCLA: Provided further, That of
the funds appropriated under this heading, $8,778,000 shall be
paid to the ‘‘Office of Inspector General’’ appropriation to remain
available until September 30, 2018, and $15,496,000 shall be paid
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131 STAT. 471
to the ‘‘Science and Technology’’ appropriation to remain available
until September 30, 2018.
LEAKING UNDERGROUND STORAGE TANK TRUST FUND PROGRAM
For necessary expenses to carry out leaking underground storage tank cleanup activities authorized by subtitle I of the Solid
Waste Disposal Act, $91,941,000, to remain available until
expended, of which $66,572,000 shall be for carrying out leaking
underground storage tank cleanup activities authorized by section
9003(h) of the Solid Waste Disposal Act; $25,369,000 shall be for
carrying out the other provisions of the Solid Waste Disposal Act
specified in section 9508(c) of the Internal Revenue Code: Provided,
That the Administrator is authorized to use appropriations made
available under this heading to implement section 9013 of the
Solid Waste Disposal Act to provide financial assistance to federally
recognized Indian tribes for the development and implementation
of programs to manage underground storage tanks.
INLAND OIL SPILL PROGRAMS
For expenses necessary to carry out the Environmental Protection Agency’s responsibilities under the Oil Pollution Act of 1990,
$18,209,000, to be derived from the Oil Spill Liability trust fund,
to remain available until expended.
STATE
AND
TRIBAL ASSISTANCE GRANTS
For environmental programs and infrastructure assistance,
including capitalization grants for State revolving funds and
performance partnership grants, $3,527,161,000, to remain available until expended, of which—
(1) $1,393,887,000 shall be for making capitalization grants
for the Clean Water State Revolving Funds under title VI
of the Federal Water Pollution Control Act; and of which
$863,233,000 shall be for making capitalization grants for the
Drinking Water State Revolving Funds under section 1452
of the Safe Drinking Water Act: Provided, That for fiscal year
2017, to the extent there are sufficient eligible project applications and projects are consistent with State Intended Use Plans,
not less than 10 percent of the funds made available under
this title to each State for Clean Water State Revolving Fund
capitalization grants shall be used by the State for projects
to address green infrastructure, water or energy efficiency
improvements, or other environmentally innovative activities:
Provided further, That for fiscal year 2017, funds made available under this title to each State for Drinking Water State
Revolving Fund capitalization grants may, at the discretion
of each State, be used for projects to address green infrastructure, water or energy efficiency improvements, or other environmentally innovative activities: Provided further, That notwithstanding section 603(d)(7) of the Federal Water Pollution Control Act, the limitation on the amounts in a State water pollution control revolving fund that may be used by a State to
administer the fund shall not apply to amounts included as
principal in loans made by such fund in fiscal year 2017 and
prior years where such amounts represent costs of administering the fund to the extent that such amounts are or were
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PUBLIC LAW 115–31—MAY 5, 2017
deemed reasonable by the Administrator, accounted for separately from other assets in the fund, and used for eligible
purposes of the fund, including administration: Provided further, That for fiscal year 2017, notwithstanding the provisions
of sections 201(g)(1), (h), and (l) of the Federal Water Pollution
Control Act, grants under title II of the Federal Water Pollution
Control Act for American Samoa, Guam, the Commonwealth
of the Northern Marianas, the United States Virgin Islands,
and the District of Columbia may also be made for the purpose
of providing assistance: (1) solely for facility plans, design activities, or plans, specification, and estimates for any proposed
project for the construction of treatment works; and (2) for
the construction, repair, or replacement of privately owned
treatment works serving one or more principal residences or
small commercial establishments: Provided further, That for
fiscal year 2017, notwithstanding the provisions of 201(g)(1),
(h), and (l) and section 518(c) of the Federal Water Pollution
Control Act, funds reserved by the Administrator for grants
under section 518(c) of the Federal Water Pollution Control
Act may also be used to provide assistance: (1) solely for facility
plans, design activities, or plans, specifications, and estimates
for any proposed project for the construction of treatment works;
and (2) for the construction, repair, or replacement of privately
owned treatment works serving one or more principal residences or small commercial establishments; Funds reserved
under section 518(c) of such Act shall be available for grants
only to Indian tribes, as defined in section 518(h) of such
Act and former Indian reservations in Oklahoma (as defined
by the Secretary of the Interior) and Native Villages (as defined
in Public Law 92–203): Provided further, That for fiscal year
2017, notwithstanding any provision of the Clean Water Act
and regulations issued pursuant thereof, up to a total of
$2,000,000 of the funds reserved by the Administrator for
grants under section 518(c) of the Federal Water Pollution
Control Act may also be used for grants for training, technical
assistance, and educational programs relating to the operation
and management of the treatment works specified in section
518(c) of such Act; Funds reserved under section 518(c) of
such Act shall be available for grants only to Indian tribes,
as defined in section 518(h) of such Act and former Indian
reservations in Oklahoma (as determined by the Secretary of
the Interior) and Native Villages (as defined in Public Law
92–203): Provided further, That for fiscal year 2017, notwithstanding the limitation on amounts in section 518(c) of the
Federal Water Pollution Control Act, up to a total of 2 percent
of the funds appropriated, or $30,000,000, whichever is greater,
and notwithstanding the limitation on amounts in section
1452(i) of the Safe Drinking Water Act, up to a total of 2
percent of the funds appropriated, or $20,000,000, whichever
is greater, for State Revolving Funds under such Acts may
be reserved by the Administrator for grants under section 518(c)
and section 1452(i) of such Acts: Provided further, That for
fiscal year 2017, notwithstanding the amounts specified in section 205(c) of the Federal Water Pollution Control Act, up
to 1.5 percent of the aggregate funds appropriated for the
Clean Water State Revolving Fund program under the Act
less any sums reserved under section 518(c) of the Act, may
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131 STAT. 473
be reserved by the Administrator for grants made under title
II of the Federal Water Pollution Control Act for American
Samoa, Guam, the Commonwealth of the Northern Marianas,
and United States Virgin Islands: Provided further, That for
fiscal year 2017, notwithstanding the limitations on amounts
specified in section 1452(j) of the Safe Drinking Water Act,
up to 1.5 percent of the funds appropriated for the Drinking
Water State Revolving Fund programs under the Safe Drinking
Water Act may be reserved by the Administrator for grants
made under section 1452(j) of the Safe Drinking Water Act:
Provided further, That 10 percent of the funds made available
under this title to each State for Clean Water State Revolving
Fund capitalization grants and 20 percent of the funds made
available under this title to each State for Drinking Water
State Revolving Fund capitalization grants shall be used by
the State to provide additional subsidy to eligible recipients
in the form of forgiveness of principal, negative interest loans,
or grants (or any combination of these), and shall be so used
by the State only where such funds are provided as initial
financing for an eligible recipient or to buy, refinance, or
restructure the debt obligations of eligible recipients where
such debt was incurred on or after the date of enactment
of this Act, or where such debt was incurred prior to the
date of enactment of this Act if the State, with concurrence
from the Administrator, determines that such funds could be
used to help address a threat to public health from heightened
exposure to lead in drinking water or if a Federal or State
emergency declaration has been issued due to a threat to public
health from heightened exposure to lead in a municipal
drinking water supply before the date of enactment of this
Act: Provided further, That in a State in which such an emergency declaration has been issued, the State may use more
than 20 percent of the funds made available under this title
to the State for Drinking Water State Revolving Fund capitalization grants to provide additional subsidy to eligible recipients;
(2) $10,000,000 shall be for architectural, engineering, planning, design, construction and related activities in connection
with the construction of high priority water and wastewater
facilities in the area of the United States-Mexico Border, after
consultation with the appropriate border commission: Provided,
That no funds provided by this appropriations Act to address
the water, wastewater and other critical infrastructure needs
of the colonias in the United States along the United StatesMexico border shall be made available to a county or municipal
government unless that government has established an enforceable local ordinance, or other zoning rule, which prevents in
that jurisdiction the development or construction of any additional colonia areas, or the development within an existing
colonia the construction of any new home, business, or other
structure which lacks water, wastewater, or other necessary
infrastructure;
(3) $20,000,000 shall be for grants to the State of Alaska
to address drinking water and wastewater infrastructure needs
of rural and Alaska Native Villages: Provided, That of these
funds: (A) the State of Alaska shall provide a match of 25
percent; (B) no more than 5 percent of the funds may be
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131 STAT. 474
used for administrative and overhead expenses; and (C) the
State of Alaska shall make awards consistent with the Statewide priority list established in conjunction with the Agency
and the U.S. Department of Agriculture for all water, sewer,
waste disposal, and similar projects carried out by the State
of Alaska that are funded under section 221 of the Federal
Water Pollution Control Act (33 U.S.C. 1301) or the Consolidated Farm and Rural Development Act (7 U.S.C. 1921 et
seq.) which shall allocate not less than 25 percent of the funds
provided for projects in regional hub communities;
(4) $80,000,000 shall be to carry out section 104(k) of
the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (CERCLA), including grants, interagency agreements, and associated program support costs: Provided, That not more than 25 percent of the amount appropriated to carry out section 104(k) of CERCLA shall be used
for site characterization, assessment, and remediation of facilities described in section 101(39)(D)(ii)(II) of CERCLA: Provided
further, That at least 10 percent shall be allocated for assistance
in persistent poverty counties: Provided further, That for purposes of this section, the term ‘‘persistent poverty counties’’
means any county that has had 20 percent or more of its
population living in poverty over the past 30 years, as measured
by the 1990 and 2000 decennial censuses and the most recent
Small Area Income and Poverty Estimates;
(5) $60,000,000 shall be for grants under title VII, subtitle
G of the Energy Policy Act of 2005;
(6) $30,000,000 shall be for targeted airshed grants in
accordance with the terms and conditions of the explanatory
statement described in section 4 (in the matter preceding division A of this consolidated Act);
(7) $4,000,000 shall be to carry out the water quality program authorized in section 5004(d) of the Water Infrastructure
Improvements for the Nation Act (Public Law 114–322); and
(8) $1,066,041,000 shall be for grants, including associated
program support costs, to States, federally recognized tribes,
interstate agencies, tribal consortia, and air pollution control
agencies for multi-media or single media pollution prevention,
control and abatement and related activities, including activities pursuant to the provisions set forth under this heading
in Public Law 104–134, and for making grants under section
103 of the Clean Air Act for particulate matter monitoring
and data collection activities subject to terms and conditions
specified by the Administrator, of which: $47,745,000 shall
be for carrying out section 128 of CERCLA; $9,646,000 shall
be for Environmental Information Exchange Network grants,
including associated program support costs; $1,498,000 shall
be for grants to States under section 2007(f)(2) of the Solid
Waste Disposal Act, which shall be in addition to funds appropriated under the heading ‘‘Leaking Underground Storage Tank
Trust Fund Program’’ to carry out the provisions of the Solid
Waste Disposal Act specified in section 9508(c) of the Internal
Revenue Code other than section 9003(h) of the Solid Waste
Disposal Act; $17,848,000 of the funds available for grants
under section 106 of the Federal Water Pollution Control Act
shall be for State participation in national- and State-level
Definition.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 475
statistical surveys of water resources and enhancements to
State monitoring programs.
WATER INFRASTRUCTURE FINANCE AND INNOVATION PROGRAM
ACCOUNT
For the cost of direct loans and for the cost of guaranteed
loans, as authorized by the Water Infrastructure Finance and
Innovation Act of 2014, $8,000,000, to remain available until
expended: Provided, That such costs, including the cost of modifying
such loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974: Provided further, That these funds are available
to subsidize gross obligations for the principal amount of direct
loans, including capitalized interest, and total loan principal,
including capitalized interest, any part of which is to be guaranteed,
not to exceed $976,000,000: Provided further, That amounts made
available under this heading in this Act are in addition to amounts
appropriated or otherwise made available for the Water Infrastructure Finance and Innovation Program for fiscal year 2017.
In addition, fees authorized to be collected pursuant to sections
5029 and 5030 of the Water Infrastructure Finance and Innovation
Act of 2014 shall be deposited in this account to remain available
until expended.
In addition, for administrative expenses to carry out the direct
and guaranteed loan programs, notwithstanding section 5033 of
the Water Infrastructure Finance and Innovation Act of 2014,
$2,000,000, to remain available until September 30, 2018.
ADMINISTRATIVE PROVISIONS—ENVIRONMENTAL PROTECTION
AGENCY
(INCLUDING TRANSFERS AND RESCISSION OF FUNDS)
For fiscal year 2017, notwithstanding 31 U.S.C. 6303(1) and
6305(1), the Administrator of the Environmental Protection Agency,
in carrying out the Agency’s function to implement directly Federal
environmental programs required or authorized by law in the
absence of an acceptable tribal program, may award cooperative
agreements to federally recognized Indian tribes or Intertribal consortia, if authorized by their member tribes, to assist the Administrator in implementing Federal environmental programs for Indian
tribes required or authorized by law, except that no such cooperative
agreements may be awarded from funds designated for State financial assistance agreements.
The Administrator of the Environmental Protection Agency is
authorized to collect and obligate pesticide registration service fees
in accordance with section 33 of the Federal Insecticide, Fungicide,
and Rodenticide Act, as amended by Public Law 112–177, the
Pesticide Registration Improvement Extension Act of 2012.
Notwithstanding section 33(d)(2) of the Federal Insecticide,
Fungicide, and Rodenticide Act (FIFRA) (7 U.S.C. 136w–8(d)(2)),
the Administrator of the Environmental Protection Agency may
assess fees under section 33 of FIFRA (7 U.S.C. 136w–8) for fiscal
year 2017.
The Administrator is authorized to transfer up to $300,000,000
of the funds appropriated for the Great Lakes Restoration Initiative
under the heading ‘‘Environmental Programs and Management’’
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Fees.
PUBL031
131 STAT. 476
Contracts.
Grants.
Time period.
Grants.
Native
Americans.
Grants.
PUBLIC LAW 115–31—MAY 5, 2017
to the head of any Federal department or agency, with the concurrence of such head, to carry out activities that would support
the Great Lakes Restoration Initiative and Great Lakes Water
Quality Agreement programs, projects, or activities; to enter into
an interagency agreement with the head of such Federal department
or agency to carry out these activities; and to make grants to
governmental entities, nonprofit organizations, institutions, and
individuals for planning, research, monitoring, outreach, and
implementation in furtherance of the Great Lakes Restoration Initiative and the Great Lakes Water Quality Agreement.
The Science and Technology, Environmental Programs and
Management, Office of Inspector General, Hazardous Substance
Superfund, and Leaking Underground Storage Tank Trust Fund
Program Accounts, are available for the construction, alteration,
repair, rehabilitation, and renovation of facilities provided that
the cost does not exceed $150,000 per project.
For fiscal year 2017, and notwithstanding section 518(f) of
the Federal Water Pollution Control Act (33 U.S.C. 1377(f)), the
Administrator is authorized to use the amounts appropriated for
any fiscal year under section 319 of the Act to make grants to
Indian tribes pursuant to sections 319(h) and 518(e) of that Act.
The Administrator is authorized to use the amounts appropriated under the heading ‘‘Environmental Programs and Management’’ for fiscal year 2017 to provide grants to implement the
Southeastern New England Watershed Restoration Program.
Notwithstanding the limitation on amounts in section 320(i)
of the Federal Water Pollution Control Act, funds made available
under this title for the National Estuary Program shall be used
for the development, implementation, and monitoring of comprehensive conservation and management plans.
Of the unobligated balances available for ‘‘State and Tribal
Assistance Grants’’ account, $61,198,000 are permanently rescinded:
Provided, That no amounts may be rescinded from amounts that
were designated by the Congress as an emergency requirement
pursuant to the Concurrent Resolution on the Budget or the Balanced Budget and Emergency Deficit Control Act of 1985 or from
amounts that were made available by subsection (a) of section
196 of the Continuing Appropriations Act, 2017 (division C of Public
Law 114–223), as amended by the Further Continuing and Security
Assistance Appropriations Act, 2017 (Public Law 114–254).
TITLE III
RELATED AGENCIES
DEPARTMENT OF AGRICULTURE
FOREST SERVICE
FOREST AND RANGELAND RESEARCH
For necessary expenses of forest and rangeland research as
authorized by law, $288,514,000, to remain available through September 30, 2020: Provided, That of the funds provided, $77,000,000
is for the forest inventory and analysis program.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 477
STATE AND PRIVATE FORESTRY
(INCLUDING RESCISSION OF FUNDS)
For necessary expenses of cooperating with and providing technical and financial assistance to States, territories, possessions,
and others, and for forest health management, including treatments
of pests, pathogens, and invasive or noxious plants and for restoring
and rehabilitating forests damaged by pests or invasive plants,
cooperative forestry, and education and land conservation activities
and conducting an international program as authorized,
$228,923,000, to remain available through September 30, 2020,
as authorized by law; of which $62,347,000 is to be derived from
the Land and Water Conservation Fund to be used for the Forest
Legacy Program, to remain available until expended.
Of the unobligated balances from amounts made available for
the Forest Legacy Program and derived from the Land and Water
Conservation Fund, $12,002,000 is hereby permanently rescinded
from projects with cost savings or failed or partially failed projects
that had funds returned.
NATIONAL FOREST SYSTEM
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, for management, protection, improvement, and utilization of the National Forest System, $1,513,318,000, to remain available through September 30, 2020: Provided, That of the funds
provided, $40,000,000 shall be deposited in the Collaborative Forest
Landscape Restoration Fund for ecological restoration treatments
as authorized by 16 U.S.C. 7303(f): Provided further, That of the
funds provided, $367,805,000 shall be for forest products: Provided
further, That of the funds provided, up to $81,941,000 is for the
Integrated Resource Restoration pilot program for Region 1, Region
3 and Region 4: Provided further, That of the funds provided for
forest products, up to $65,560,000 may be transferred to support
the Integrated Resource Restoration pilot program in the preceding
proviso: Provided further, That the Secretary of Agriculture may
transfer to the Secretary of the Interior any unobligated funds
appropriated in a previous fiscal year for operation of the Valles
Caldera National Preserve: Provided further, That notwithstanding
section 33 of the Bankhead Jones Farm Tenant Act (7 U.S.C.
1012), the Secretary of Agriculture, in calculating a fee for grazing
on a National Grassland, may provide a credit of up to 50 percent
of the calculated fee to a Grazing Association or direct permittee
for a conservation practice approved by the Secretary in advance
of the fiscal year in which the cost of the conservation practice
is incurred. And, that the amount credited shall remain available
to the Grazing Association or the direct permittee, as appropriate,
in the fiscal year in which the credit is made and each fiscal
year thereafter for use on the project for conservation practices
approved by the Secretary.
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43 USC 1751
note.
PUBL031
131 STAT. 478
PUBLIC LAW 115–31—MAY 5, 2017
CAPITAL IMPROVEMENT AND MAINTENANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Forest Service, not otherwise
provided for, $364,014,000, to remain available through September
30, 2020, for construction, capital improvement, maintenance and
acquisition of buildings and other facilities and infrastructure; and
for construction, reconstruction, decommissioning of roads that are
no longer needed, including unauthorized roads that are not part
of the transportation system, and maintenance of forest roads and
trails by the Forest Service as authorized by 16 U.S.C. 532–538
and 23 U.S.C. 101 and 205: Provided, That $40,000,000 shall be
designated for urgently needed road decommissioning, road and
trail repair and maintenance and associated activities, and removal
of fish passage barriers, especially in areas where Forest Service
roads may be contributing to water quality problems in streams
and water bodies which support threatened, endangered, or sensitive species or community water sources: Provided further, That
funds becoming available in fiscal year 2017 under the Act of
March 4, 1913 (16 U.S.C. 501) shall be transferred to the General
Fund of the Treasury and shall not be available for transfer or
obligation for any other purpose unless the funds are appropriated:
Provided further, That of the funds provided for decommissioning
of roads, up to $14,743,000 may be transferred to the ‘‘National
Forest System’’ to support the Integrated Resource Restoration
pilot program.
LAND ACQUISITION
For expenses necessary to carry out the provisions of chapter
2003 of title 54, United States Code, including administrative
expenses, and for acquisition of land or waters, or interest therein,
in accordance with statutory authority applicable to the Forest
Service, $54,415,000, to be derived from the Land and Water Conservation Fund and to remain available until expended.
ACQUISITION OF LANDS FOR NATIONAL FORESTS SPECIAL ACTS
For acquisition of lands within the exterior boundaries of the
Cache, Uinta, and Wasatch National Forests, Utah; the Toiyabe
National Forest, Nevada; and the Angeles, San Bernardino, Sequoia,
and Cleveland National Forests, California, as authorized by law,
$950,000, to be derived from forest receipts.
ACQUISITION OF LANDS TO COMPLETE LAND EXCHANGES
For acquisition of lands, such sums, to be derived from funds
deposited by State, county, or municipal governments, public school
districts, or other public school authorities, and for authorized
expenditures from funds deposited by non-Federal parties pursuant
to Land Sale and Exchange Acts, pursuant to the Act of December
4, 1967 (16 U.S.C. 484a), to remain available through September
30, 2020, (16 U.S.C. 516–617a, 555a; Public Law 96–586; Public
Law 76–589, 76–591; and Public Law 78–310).
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 479
RANGE BETTERMENT FUND
For necessary expenses of range rehabilitation, protection, and
improvement, 50 percent of all moneys received during the prior
fiscal year, as fees for grazing domestic livestock on lands in
National Forests in the 16 Western States, pursuant to section
401(b)(1) of Public Law 94–579, to remain available through September 30, 2020, of which not to exceed 6 percent shall be available
for administrative expenses associated with on-the-ground range
rehabilitation, protection, and improvements.
GIFTS, DONATIONS AND BEQUESTS FOR FOREST AND RANGELAND
RESEARCH
For expenses authorized by 16 U.S.C. 1643(b), $45,000, to
remain available through September 30, 2020, to be derived from
the fund established pursuant to the above Act.
MANAGEMENT OF NATIONAL FOREST LANDS FOR SUBSISTENCE USES
For necessary expenses of the Forest Service to manage Federal
lands in Alaska for subsistence uses under title VIII of the Alaska
National Interest Lands Conservation Act (Public Law 96–487),
$2,500,000, to remain available through September 30, 2020.
WILDLAND FIRE MANAGEMENT
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for forest fire presuppression activities
on National Forest System lands, for emergency fire suppression
on or adjacent to such lands or other lands under fire protection
agreement, hazardous fuels management on or adjacent to such
lands, emergency rehabilitation of burned-over National Forest
System lands and water, and for State and volunteer fire assistance,
$2,833,415,000, to remain available through September 30, 2020:
Provided, That such funds including unobligated balances under
this heading, are available for repayment of advances from other
appropriations accounts previously transferred for such purposes:
Provided further, That such funds shall be available to reimburse
State and other cooperating entities for services provided in
response to wildfire and other emergencies or disasters to the
extent such reimbursements by the Forest Service for non-fire emergencies are fully repaid by the responsible emergency management
agency: Provided further, That funds provided shall be available
for emergency rehabilitation and restoration, hazardous fuels
management activities, support to Federal emergency response, and
wildfire suppression activities of the Forest Service: Provided further, That of the funds provided, $390,000,000 is for hazardous
fuels management activities, $19,795,000 is for research activities
and to make competitive research grants pursuant to the Forest
and Rangeland Renewable Resources Research Act, (16 U.S.C. 1641
et seq.), $78,000,000 is for State fire assistance, and $15,000,000
is for volunteer fire assistance under section 10 of the Cooperative
Forestry Assistance Act of 1978 (16 U.S.C. 2106): Provided further,
That amounts in this paragraph may be transferred to the ‘‘National
Forest System’’, and ‘‘Forest and Rangeland Research’’ accounts
to fund forest and rangeland research, vegetation and watershed
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Reimbursement.
PUBL031
131 STAT. 480
PUBLIC LAW 115–31—MAY 5, 2017
management, heritage site rehabilitation, and wildlife and fish
habitat management and restoration: Provided further, That the
costs of implementing any cooperative agreement between the Federal Government and any non-Federal entity may be shared, as
mutually agreed on by the affected parties: Provided further, That
up to $15,000,000 of the funds provided herein may be used by
the Secretary of Agriculture to enter into procurement contracts
or cooperative agreements or to issue grants for hazardous fuels
management activities and for training or monitoring associated
with such hazardous fuels management activities on Federal land
or on non-Federal land if the Secretary determines such activities
benefit resources on Federal land: Provided further, That funds
made available to implement the Community Forest Restoration
Act, Public Law 106–393, title VI, shall be available for use on
non-Federal lands in accordance with authorities made available
to the Forest Service under the ‘‘State and Private Forestry’’ appropriation: Provided further, That the Secretary of the Interior and
the Secretary of Agriculture may authorize the transfer of funds
appropriated for wildland fire management, in an aggregate amount
not to exceed $50,000,000, between the Departments when such
transfers would facilitate and expedite wildland fire management
programs and projects: Provided further, That of the funds provided
for hazardous fuels management, not to exceed $15,000,000 may
be used to make grants, using any authorities available to the
Forest Service under the ‘‘State and Private Forestry’’ appropriation,
for the purpose of creating incentives for increased use of biomass
from National Forest System lands: Provided further, That funds
designated for wildfire suppression, including funds transferred
from the ‘‘FLAME Wildfire Suppression Reserve Fund’’, shall be
assessed for cost pools on the same basis as such assessments
are calculated against other agency programs: Provided further,
That of the funds for hazardous fuels management, up to
$24,000,000 may be transferred to the ‘‘National Forest System’’
to support the Integrated Resource Restoration pilot program.
FLAME WILDFIRE SUPPRESSION RESERVE FUND
(INCLUDING TRANSFERS OF FUNDS)
For necessary expenses for large fire suppression operations
of the Department of Agriculture and as a reserve fund for suppression and Federal emergency response activities, $342,000,000, to
remain available until expended: Provided, That such amounts
are only available for transfer to the ‘‘Wildland Fire Management’’
account following a declaration by the Secretary in accordance
with section 502 of the FLAME Act of 2009 (43 U.S.C. 1748a):
Provided further, That such amount is designated by the Congress
as an emergency requirement pursuant to section 251(b)(2)(A)(i)
of the Balanced Budget and Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISIONS—FOREST SERVICE
(INCLUDING TRANSFERS AND RESCISSIONS OF FUNDS)
Appropriations to the Forest Service for the current fiscal year
shall be available for: (1) purchase of passenger motor vehicles;
acquisition of passenger motor vehicles from excess sources, and
hire of such vehicles; purchase, lease, operation, maintenance, and
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 481
acquisition of aircraft to maintain the operable fleet for use in
Forest Service wildland fire programs and other Forest Service
programs; notwithstanding other provisions of law, existing aircraft
being replaced may be sold, with proceeds derived or trade-in value
used to offset the purchase price for the replacement aircraft; (2)
services pursuant to 7 U.S.C. 2225, and not to exceed $100,000
for employment under 5 U.S.C. 3109; (3) purchase, erection, and
alteration of buildings and other public improvements (7 U.S.C.
2250); (4) acquisition of land, waters, and interests therein pursuant
to 7 U.S.C. 428a; (5) for expenses pursuant to the Volunteers
in the National Forest Act of 1972 (16 U.S.C. 558a, 558d, and
558a note); (6) the cost of uniforms as authorized by 5 U.S.C.
5901–5902; and (7) for debt collection contracts in accordance with
31 U.S.C. 3718(c).
Any appropriations or funds available to the Forest Service
may be transferred to the Wildland Fire Management appropriation
for forest firefighting, emergency rehabilitation of burned-over or
damaged lands or waters under its jurisdiction, and fire preparedness due to severe burning conditions upon the Secretary’s notification of the House and Senate Committees on Appropriations that
all fire suppression funds appropriated under the headings
‘‘Wildland Fire Management’’ and ‘‘FLAME Wildfire Suppression
Reserve Fund’’ will be obligated within 30 days: Provided, That
all funds used pursuant to this paragraph must be replenished
by a supplemental appropriation which must be requested as
promptly as possible.
Notwithstanding any other provision of this Act, the Forest
Service may transfer unobligated balances of discretionary funds
appropriated to the Forest Service by this Act to or within the
Wildland Fire Management Account, or reprogram funds within
the Wildland Fire Management Account, to be used for the purposes
of hazardous fuels management and emergency rehabilitation of
burned-over National Forest System lands and water, such transferred funds shall remain available through September 30, 2020:
Provided, That none of the funds transferred pursuant to this
section shall be available for obligation without written notification
to and the prior approval of the Committees on Appropriations
of both Houses of Congress: Provided further, That this section
does not apply to funds appropriated to the FLAME Wildfire
Suppression Reserve Fund or funds derived from the Land and
Water Conservation Fund.
Funds appropriated to the Forest Service shall be available
for assistance to or through the Agency for International Development in connection with forest and rangeland research, technical
information, and assistance in foreign countries, and shall be available to support forestry and related natural resource activities
outside the United States and its territories and possessions,
including technical assistance, education and training, and cooperation with United States, private, and international organizations.
The Forest Service, acting for the International Program, may sign
direct funding agreements with foreign governments and institutions as well as other domestic agencies (including the United
States Agency for International Development, the Department of
State, and the Millennium Challenge Corporation), United States
private sector firms, institutions and organizations to provide technical assistance and training programs overseas on forestry and
rangeland management.
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Notification.
Deadline.
Notification.
Advance
approval.
PUBL031
131 STAT. 482
16 USC 556i.
Advance
approval.
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PUBLIC LAW 115–31—MAY 5, 2017
Funds appropriated to the Forest Service shall be available
for expenditure or transfer to the Department of the Interior,
Bureau of Land Management, for removal, preparation, and adoption of excess wild horses and burros from National Forest System
lands, and for the performance of cadastral surveys to designate
the boundaries of such lands.
None of the funds made available to the Forest Service in
this Act or any other Act with respect to any fiscal year shall
be subject to transfer under the provisions of section 702(b) of
the Department of Agriculture Organic Act of 1944 (7 U.S.C. 2257),
section 442 of Public Law 106–224 (7 U.S.C. 7772), or section
10417(b) of Public Law 107–171 (7 U.S.C. 8316(b)).
None of the funds available to the Forest Service may be
reprogrammed without the advance approval of the House and
Senate Committees on Appropriations in accordance with the reprogramming procedures contained in the explanatory statement
described in section 4 (in the matter preceding division A of this
consolidated Act).
Not more than $82,000,000 of funds available to the Forest
Service shall be transferred to the Working Capital Fund of the
Department of Agriculture and not more than $14,500,000 of funds
available to the Forest Service shall be transferred to the Department of Agriculture for Department Reimbursable Programs, commonly referred to as Greenbook charges. Nothing in this paragraph
shall prohibit or limit the use of reimbursable agreements requested
by the Forest Service in order to obtain services from the Department of Agriculture’s National Information Technology Center and
the Department of Agriculture’s International Technology Service.
Of the funds available to the Forest Service, up to $5,000,000
shall be available for priority projects within the scope of the
approved budget, which shall be carried out by the Youth Conservation Corps and shall be carried out under the authority of the
Public Lands Corps Act of 1993, Public Law 103–82, as amended
by Public Lands Corps Healthy Forests Restoration Act of 2005,
Public Law 109–154.
Of the funds available to the Forest Service, $4,000 is available
to the Chief of the Forest Service for official reception and representation expenses.
Pursuant to sections 405(b) and 410(b) of Public Law 101–
593, of the funds available to the Forest Service, up to $3,000,000
may be advanced in a lump sum to the National Forest Foundation
to aid conservation partnership projects in support of the Forest
Service mission, without regard to when the Foundation incurs
expenses, for projects on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That of
the Federal funds made available to the Foundation, no more than
$300,000 shall be available for administrative expenses: Provided
further, That the Foundation shall obtain, by the end of the period
of Federal financial assistance, private contributions to match on
at least one-for-one basis funds made available by the Forest
Service: Provided further, That the Foundation may transfer Federal funds to a Federal or a non-Federal recipient for a project
at the same rate that the recipient has obtained the non-Federal
matching funds.
Pursuant to section 2(b)(2) of Public Law 98–244, up to
$3,000,000 of the funds available to the Forest Service may be
advanced to the National Fish and Wildlife Foundation in a lump
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 483
sum to aid cost-share conservation projects, without regard to when
expenses are incurred, on or benefitting National Forest System
lands or related to Forest Service programs: Provided, That such
funds shall be matched on at least a one-for-one basis by the
Foundation or its sub-recipients: Provided further, That the Foundation may transfer Federal funds to a Federal or non-Federal
recipient for a project at the same rate that the recipient has
obtained the non-Federal matching funds.
Funds appropriated to the Forest Service shall be available
for interactions with and providing technical assistance to rural
communities and natural resource-based businesses for sustainable
rural development purposes.
Funds appropriated to the Forest Service shall be available
for payments to counties within the Columbia River Gorge National
Scenic Area, pursuant to section 14(c)(1) and (2), and section 16(a)(2)
of Public Law 99–663.
Any funds appropriated to the Forest Service may be used
to meet the non-Federal share requirement in section 502(c) of
the Older Americans Act of 1965 (42 U.S.C. 3056(c)(2)).
Funds available to the Forest Service, not to exceed
$65,000,000, shall be assessed for the purpose of performing fire,
administrative and other facilities maintenance and decommissioning. Such assessments shall occur using a square foot rate
charged on the same basis the agency uses to assess programs
for payment of rent, utilities, and other support services.
Notwithstanding any other provision of law, any appropriations
or funds available to the Forest Service not to exceed $500,000
may be used to reimburse the Office of the General Counsel (OGC),
Department of Agriculture, for travel and related expenses incurred
as a result of OGC assistance or participation requested by the
Forest Service at meetings, training sessions, management reviews,
land purchase negotiations and similar nonlitigation-related matters. Future budget justifications for both the Forest Service and
the Department of Agriculture should clearly display the sums
previously transferred and the requested funding transfers.
An eligible individual who is employed in any project funded
under title V of the Older Americans Act of 1965 (42 U.S.C. 3056
et seq.) and administered by the Forest Service shall be considered
to be a Federal employee for purposes of chapter 171 of title 28,
United States Code.
Notwithstanding any other provision of this Act, through the
Office of Budget and Program Analysis, the Forest Service shall
report no later than 30 business days following the close of each
fiscal quarter all current and prior year unobligated balances, by
fiscal year, budget line item and account, to the House and Senate
Committees on Appropriations.
The following unobligated balances identified by the following
accounts are hereby rescinded: Forest and Rangeland Research,
$815,000; National Forest System, $2,000,000; and State and Private Forestry, $3,500,000.
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Reports.
Deadline.
PUBL031
131 STAT. 484
PUBLIC LAW 115–31—MAY 5, 2017
DEPARTMENT OF HEALTH AND HUMAN SERVICES
INDIAN HEALTH SERVICE
INDIAN HEALTH SERVICES
Contracts.
Grants.
Time period.
VerDate Sep 11 2014
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For expenses necessary to carry out the Act of August 5, 1954
(68 Stat. 674), the Indian Self-Determination and Education Assistance Act, the Indian Health Care Improvement Act, and titles
II and III of the Public Health Service Act with respect to the
Indian Health Service, $3,694,462,000, together with payments
received during the fiscal year pursuant to 42 U.S.C. 238(b) and
238b, for services furnished by the Indian Health Service: Provided,
That funds made available to tribes and tribal organizations
through contracts, grant agreements, or any other agreements or
compacts authorized by the Indian Self-Determination and Education Assistance Act of 1975 (25 U.S.C. 450), shall be deemed
to be obligated at the time of the grant or contract award and
thereafter shall remain available to the tribe or tribal organization
without fiscal year limitation: Provided further, That $2,000,000
shall be available for grants or contracts with public or private
institutions to provide alcohol or drug treatment services to Indians,
including alcohol detoxification services: Provided further, That
$928,830,000 for Purchased/Referred Care, including $53,000,000
for the Indian Catastrophic Health Emergency Fund, shall remain
available until expended: Provided further, That of the funds provided, up to $36,000,000 shall remain available until expended
for implementation of the loan repayment program under section
108 of the Indian Health Care Improvement Act: Provided further,
That of the funds provided, $11,000,000 shall remain available
until expended to supplement funds available for operational costs
at tribal clinics operated under an Indian Self-Determination and
Education Assistance Act compact or contract where health care
is delivered in space acquired through a full service lease, which
is not eligible for maintenance and improvement and equipment
funds from the Indian Health Service, and $29,000,000 shall be
for costs related to or resulting from accreditation emergencies,
of which up to $4,000,000 may be used to supplement amounts
otherwise available for Purchased and Referred Care: Provided
further, That the amounts collected by the Federal Government
as authorized by sections 104 and 108 of the Indian Health Care
Improvement Act (25 U.S.C. 1613a and 1616a) during the preceding
fiscal year for breach of contracts shall be deposited to the Fund
authorized by section 108A of the Act (25 U.S.C. 1616a–1) and
shall remain available until expended and, notwithstanding section
108A(c) of the Act (25 U.S.C. 1616a–1(c)), funds shall be available
to make new awards under the loan repayment and scholarship
programs under sections 104 and 108 of the Act (25 U.S.C. 1613a
and 1616a): Provided further, That the amounts made available
within this account for the Substance Abuse and Suicide Prevention
Program, for the Domestic Violence Prevention Program, for the
Zero Suicide Initiative, for aftercare pilots at Youth Regional Treatment Centers, to improve collections from public and private insurance at Indian Health Service and tribally operated facilities, and
for accreditation emergencies shall be allocated at the discretion
of the Director of the Indian Health Service and shall remain
available until expended: Provided further, That funds provided
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 485
in this Act may be used for annual contracts and grants that
fall within 2 fiscal years, provided the total obligation is recorded
in the year the funds are appropriated: Provided further, That
the amounts collected by the Secretary of Health and Human Services under the authority of title IV of the Indian Health Care
Improvement Act shall remain available until expended for the
purpose of achieving compliance with the applicable conditions and
requirements of titles XVIII and XIX of the Social Security Act,
except for those related to the planning, design, or construction
of new facilities: Provided further, That funding contained herein
for scholarship programs under the Indian Health Care Improvement Act (25 U.S.C. 1613) shall remain available until expended:
Provided further, That amounts received by tribes and tribal
organizations under title IV of the Indian Health Care Improvement
Act shall be reported and accounted for and available to the
receiving tribes and tribal organizations until expended: Provided
further, That the Bureau of Indian Affairs may collect from the
Indian Health Service, tribes and tribal organizations operating
health facilities pursuant to Public Law 93–638, such individually
identifiable health information relating to disabled children as may
be necessary for the purpose of carrying out its functions under
the Individuals with Disabilities Education Act (20 U.S.C. 1400,
et seq.): Provided further, That the Indian Health Care Improvement Fund may be used, as needed, to carry out activities typically
funded under the Indian Health Facilities account.
Reports.
CONTRACT SUPPORT COSTS
For payments to tribes and tribal organizations for contract
support costs associated with Indian Self-Determination and Education Assistance Act agreements with the Indian Health Service
for fiscal year 2017, such sums as may be necessary: Provided,
That notwithstanding any other provision of law, no amounts made
available under this heading shall be available for transfer to
another budget account.
INDIAN HEALTH FACILITIES
For construction, repair, maintenance, improvement, and equipment of health and related auxiliary facilities, including quarters
for personnel; preparation of plans, specifications, and drawings;
acquisition of sites, purchase and erection of modular buildings,
and purchases of trailers; and for provision of domestic and community sanitation facilities for Indians, as authorized by section 7
of the Act of August 5, 1954 (42 U.S.C. 2004a), the Indian SelfDetermination Act, and the Indian Health Care Improvement Act,
and for expenses necessary to carry out such Acts and titles II
and III of the Public Health Service Act with respect to environmental health and facilities support activities of the Indian Health
Service, $545,424,000, to remain available until expended: Provided,
That notwithstanding any other provision of law, funds appropriated for the planning, design, construction, renovation or expansion of health facilities for the benefit of an Indian tribe or tribes
may be used to purchase land on which such facilities will be
located: Provided further, That not to exceed $500,000 may be
used by the Indian Health Service to purchase TRANSAM equipment from the Department of Defense for distribution to the Indian
Health Service and tribal facilities: Provided further, That none
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PUBL031
131 STAT. 486
PUBLIC LAW 115–31—MAY 5, 2017
of the funds appropriated to the Indian Health Service may be
used for sanitation facilities construction for new homes funded
with grants by the housing programs of the United States Department of Housing and Urban Development: Provided further, That
not to exceed $2,700,000 from this account and the ‘‘Indian Health
Services’’ account may be used by the Indian Health Service to
obtain ambulances for the Indian Health Service and tribal facilities
in conjunction with an existing interagency agreement between
the Indian Health Service and the General Services Administration:
Provided further, That not to exceed $500,000 may be placed in
a Demolition Fund, to remain available until expended, and be
used by the Indian Health Service for the demolition of Federal
buildings.
ADMINISTRATIVE PROVISIONS—INDIAN HEALTH SERVICE
Assessments.
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Appropriations provided in this Act to the Indian Health Service
shall be available for services as authorized by 5 U.S.C. 3109
at rates not to exceed the per diem rate equivalent to the maximum
rate payable for senior-level positions under 5 U.S.C. 5376; hire
of passenger motor vehicles and aircraft; purchase of medical equipment; purchase of reprints; purchase, renovation and erection of
modular buildings and renovation of existing facilities; payments
for telephone service in private residences in the field, when authorized under regulations approved by the Secretary; uniforms or
allowances therefor as authorized by 5 U.S.C. 5901–5902; and for
expenses of attendance at meetings that relate to the functions
or activities of the Indian Health Service: Provided, That in accordance with the provisions of the Indian Health Care Improvement
Act, non-Indian patients may be extended health care at all tribally
administered or Indian Health Service facilities, subject to charges,
and the proceeds along with funds recovered under the Federal
Medical Care Recovery Act (42 U.S.C. 2651–2653) shall be credited
to the account of the facility providing the service and shall be
available without fiscal year limitation: Provided further, That notwithstanding any other law or regulation, funds transferred from
the Department of Housing and Urban Development to the Indian
Health Service shall be administered under Public Law 86–121,
the Indian Sanitation Facilities Act and Public Law 93–638: Provided further, That funds appropriated to the Indian Health Service
in this Act, except those used for administrative and program
direction purposes, shall not be subject to limitations directed at
curtailing Federal travel and transportation: Provided further, That
none of the funds made available to the Indian Health Service
in this Act shall be used for any assessments or charges by the
Department of Health and Human Services unless identified in
the budget justification and provided in this Act, or approved by
the House and Senate Committees on Appropriations through the
reprogramming process: Provided further, That notwithstanding any
other provision of law, funds previously or herein made available
to a tribe or tribal organization through a contract, grant, or agreement authorized by title I or title V of the Indian Self-Determination
and Education Assistance Act of 1975 (25 U.S.C. 450), may be
deobligated and reobligated to a self-determination contract under
title I, or a self-governance agreement under title V of such Act
and thereafter shall remain available to the tribe or tribal organization without fiscal year limitation: Provided further, That none
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 487
of the funds made available to the Indian Health Service in this
Act shall be used to implement the final rule published in the
Federal Register on September 16, 1987, by the Department of
Health and Human Services, relating to the eligibility for the health
care services of the Indian Health Service until the Indian Health
Service has submitted a budget request reflecting the increased
costs associated with the proposed final rule, and such request
has been included in an appropriations Act and enacted into law:
Provided further, That with respect to functions transferred by
the Indian Health Service to tribes or tribal organizations, the
Indian Health Service is authorized to provide goods and services
to those entities on a reimbursable basis, including payments in
advance with subsequent adjustment, and the reimbursements
received therefrom, along with the funds received from those entities
pursuant to the Indian Self-Determination Act, may be credited
to the same or subsequent appropriation account from which the
funds were originally derived, with such amounts to remain available until expended: Provided further, That reimbursements for
training, technical assistance, or services provided by the Indian
Health Service will contain total costs, including direct, administrative, and overhead associated with the provision of goods, services,
or technical assistance: Provided further, That the appropriation
structure for the Indian Health Service may not be altered without
advance notification to the House and Senate Committees on Appropriations.
NATIONAL INSTITUTES
OF
Reimbursements.
Notification.
HEALTH
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For necessary expenses for the National Institute of Environmental Health Sciences in carrying out activities set forth in section
311(a) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9660(a)) and section
126(g) of the Superfund Amendments and Reauthorization Act of
1986, $77,349,000.
AGENCY
FOR
TOXIC SUBSTANCES
AND
DISEASE REGISTRY
TOXIC SUBSTANCES AND ENVIRONMENTAL PUBLIC HEALTH
For necessary expenses for the Agency for Toxic Substances
and Disease Registry (ATSDR) in carrying out activities set forth
in sections 104(i) and 111(c)(4) of the Comprehensive Environmental
Response, Compensation, and Liability Act of 1980 (CERCLA) and
section 3019 of the Solid Waste Disposal Act, $74,691,000, of which
up to $1,000 per eligible employee of the Agency for Toxic Substances and Disease Registry shall remain available until expended
for Individual Learning Accounts: Provided, That notwithstanding
any other provision of law, in lieu of performing a health assessment
under section 104(i)(6) of CERCLA, the Administrator of ATSDR
may conduct other appropriate health studies, evaluations, or activities, including, without limitation, biomedical testing, clinical
evaluations, medical monitoring, and referral to accredited
healthcare providers: Provided further, That in performing any
such health assessment or health study, evaluation, or activity,
the Administrator of ATSDR shall not be bound by the deadlines
in section 104(i)(6)(A) of CERCLA: Provided further, That none
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PUBL031
131 STAT. 488
PUBLIC LAW 115–31—MAY 5, 2017
of the funds appropriated under this heading shall be available
for ATSDR to issue in excess of 40 toxicological profiles pursuant
to section 104(i) of CERCLA during fiscal year 2017, and existing
profiles may be updated as necessary.
OTHER RELATED AGENCIES
EXECUTIVE OFFICE
OF THE
PRESIDENT
COUNCIL ON ENVIRONMENTAL QUALITY AND OFFICE OF
ENVIRONMENTAL QUALITY
For necessary expenses to continue functions assigned to the
Council on Environmental Quality and Office of Environmental
Quality pursuant to the National Environmental Policy Act of 1969,
the Environmental Quality Improvement Act of 1970, and Reorganization Plan No. 1 of 1977, and not to exceed $750 for official
reception and representation expenses, $3,000,000: Provided, That
notwithstanding section 202 of the National Environmental Policy
Act of 1970, the Council shall consist of one member, appointed
by the President, by and with the advice and consent of the Senate,
serving as chairman and exercising all powers, functions, and duties
of the Council.
CHEMICAL SAFETY
AND
HAZARD INVESTIGATION BOARD
SALARIES AND EXPENSES
5 USC app. 8G
note.
For necessary expenses in carrying out activities pursuant to
section 112(r)(6) of the Clean Air Act, including hire of passenger
vehicles, uniforms or allowances therefor, as authorized by 5 U.S.C.
5901–5902, and for services authorized by 5 U.S.C. 3109 but at
rates for individuals not to exceed the per diem equivalent to
the maximum rate payable for senior level positions under 5 U.S.C.
5376, $11,000,000: Provided, That the Chemical Safety and Hazard
Investigation Board (Board) shall have not more than three career
Senior Executive Service positions: Provided further, That notwithstanding any other provision of law, the individual appointed to
the position of Inspector General of the Environmental Protection
Agency (EPA) shall, by virtue of such appointment, also hold the
position of Inspector General of the Board: Provided further, That
notwithstanding any other provision of law, the Inspector General
of the Board shall utilize personnel of the Office of Inspector General
of EPA in performing the duties of the Inspector General of the
Board, and shall not appoint any individuals to positions within
the Board.
OFFICE
OF
NAVAJO
AND
HOPI INDIAN RELOCATION
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses of the Office of Navajo and Hopi Indian
Relocation as authorized by Public Law 93–531, $15,431,000, to
remain available until expended: Provided, That funds provided
in this or any other appropriations Act are to be used to relocate
eligible individuals and groups including evictees from District 6,
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 489
Hopi-partitioned lands residents, those in significantly substandard
housing, and all others certified as eligible and not included in
the preceding categories: Provided further, That none of the funds
contained in this or any other Act may be used by the Office
of Navajo and Hopi Indian Relocation to evict any single Navajo
or Navajo family who, as of November 30, 1985, was physically
domiciled on the lands partitioned to the Hopi Tribe unless a
new or replacement home is provided for such household: Provided
further, That no relocatee will be provided with more than one
new or replacement home: Provided further, That the Office shall
relocate any certified eligible relocatees who have selected and
received an approved homesite on the Navajo reservation or selected
a replacement residence off the Navajo reservation or on the land
acquired pursuant to section 11 of Public Law 93–531 (88 Stat.
1716): Provided further, That $200,000 shall be transferred to the
Office of Inspector General of the Department of the Interior, to
remain available until expended, for audits and investigations of
the Office of Navajo and Hopi Indian Relocation, consistent with
the Inspector General Act of 1978 (5 U.S.C. App.).
INSTITUTE
OF
AMERICAN INDIAN AND ALASKA NATIVE CULTURE
ARTS DEVELOPMENT
AND
PAYMENT TO THE INSTITUTE
For payment to the Institute of American Indian and Alaska
Native Culture and Arts Development, as authorized by title XV
of Public Law 99–498 (20 U.S.C. 56 part A), $15,212,000, to remain
available until September 30, 2018: Provided, That of the funds
made available under this heading, not to exceed $7,377,000 shall
become available on July 1, 2017, and shall remain available until
September 30, 2018.
SMITHSONIAN INSTITUTION
SALARIES AND EXPENSES
For necessary expenses of the Smithsonian Institution, as
authorized by law, including research in the fields of art, science,
and history; development, preservation, and documentation of the
National Collections; presentation of public exhibits and performances; collection, preparation, dissemination, and exchange of
information and publications; conduct of education, training, and
museum assistance programs; maintenance, alteration, operation,
lease agreements of no more than 30 years, and protection of
buildings, facilities, and approaches; not to exceed $100,000 for
services as authorized by 5 U.S.C. 3109; and purchase, rental,
repair, and cleaning of uniforms for employees, $729,444,000, to
remain available until September 30, 2018, except as otherwise
provided herein; of which not to exceed $48,467,000 for the
instrumentation program, collections acquisition, exhibition reinstallation, the National Museum of African American History
and Culture, and the repatriation of skeletal remains program
shall remain available until expended; and including such funds
as may be necessary to support American overseas research centers:
Provided, That funds appropriated herein are available for advance
payments to independent contractors performing research services
or participating in official Smithsonian presentations.
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PUBLIC LAW 115–31—MAY 5, 2017
FACILITIES CAPITAL
For necessary expenses of repair, revitalization, and alteration
of facilities owned or occupied by the Smithsonian Institution, by
contract or otherwise, as authorized by section 2 of the Act of
August 22, 1949 (63 Stat. 623), and for construction, including
necessary personnel, $133,903,000, to remain available until
expended, of which not to exceed $10,000 shall be for services
as authorized by 5 U.S.C. 3109.
NATIONAL GALLERY
OF
ART
SALARIES AND EXPENSES
For the upkeep and operations of the National Gallery of Art,
the protection and care of the works of art therein, and administrative expenses incident thereto, as authorized by the Act of March
24, 1937 (50 Stat. 51), as amended by the public resolution of
April 13, 1939 (Public Resolution 9, Seventy-sixth Congress),
including services as authorized by 5 U.S.C. 3109; payment in
advance when authorized by the treasurer of the Gallery for membership in library, museum, and art associations or societies whose
publications or services are available to members only, or to members at a price lower than to the general public; purchase, repair,
and cleaning of uniforms for guards, and uniforms, or allowances
therefor, for other employees as authorized by law (5 U.S.C. 5901–
5902); purchase or rental of devices and services for protecting
buildings and contents thereof, and maintenance, alteration,
improvement, and repair of buildings, approaches, and grounds;
and purchase of services for restoration and repair of works of
art for the National Gallery of Art by contracts made, without
advertising, with individuals, firms, or organizations at such rates
or prices and under such terms and conditions as the Gallery
may deem proper, $132,961,000, to remain available until September 30, 2018, of which not to exceed $3,620,000 for the special
exhibition program shall remain available until expended.
REPAIR, RESTORATION AND RENOVATION OF BUILDINGS
For necessary expenses of repair, restoration and renovation
of buildings, grounds and facilities owned or occupied by the
National Gallery of Art, by contract or otherwise, for operating
lease agreements of no more than 10 years, with no extensions
or renewals beyond the 10 years, that address space needs created
by the ongoing renovations in the Master Facilities Plan, as authorized, $22,564,000, to remain available until expended: Provided,
That contracts awarded for environmental systems, protection systems, and exterior repair or renovation of buildings of the National
Gallery of Art may be negotiated with selected contractors and
awarded on the basis of contractor qualifications as well as price.
JOHN F. KENNEDY CENTER
FOR THE
PERFORMING ARTS
OPERATIONS AND MAINTENANCE
For necessary expenses for the operation, maintenance and
security of the John F. Kennedy Center for the Performing Arts,
$22,260,000.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 491
CAPITAL REPAIR AND RESTORATION
For necessary expenses for capital repair and restoration of
the existing features of the building and site of the John F. Kennedy
Center for the Performing Arts, $14,140,000, to remain available
until expended.
WOODROW WILSON INTERNATIONAL CENTER
FOR
SCHOLARS
SALARIES AND EXPENSES
For expenses necessary in carrying out the provisions of the
Woodrow Wilson Memorial Act of 1968 (82 Stat. 1356) including
hire of passenger vehicles and services as authorized by 5 U.S.C.
3109, $10,500,000, to remain available until September 30, 2018.
NATIONAL FOUNDATION
ON THE
ARTS
NATIONAL ENDOWMENT
AND THE
FOR THE
HUMANITIES
ARTS
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $149,849,000 shall
be available to the National Endowment for the Arts for the support
of projects and productions in the arts, including arts education
and public outreach activities, through assistance to organizations
and individuals pursuant to section 5 of the Act, for program
support, and for administering the functions of the Act, to remain
available until expended.
NATIONAL ENDOWMENT
FOR THE
HUMANITIES
GRANTS AND ADMINISTRATION
For necessary expenses to carry out the National Foundation
on the Arts and the Humanities Act of 1965, $149,848,000, to
remain available until expended, of which $139,148,000 shall be
available for support of activities in the humanities, pursuant to
section 7(c) of the Act and for administering the functions of the
Act; and $10,700,000 shall be available to carry out the matching
grants program pursuant to section 10(a)(2) of the Act, including
$8,500,000 for the purposes of section 7(h): Provided, That appropriations for carrying out section 10(a)(2) shall be available for
obligation only in such amounts as may be equal to the total
amounts of gifts, bequests, devises of money, and other property
accepted by the chairman or by grantees of the National Endowment
for the Humanities under the provisions of sections 11(a)(2)(B)
and 11(a)(3)(B) during the current and preceding fiscal years for
which equal amounts have not previously been appropriated.
ADMINISTRATIVE PROVISIONS
None of the funds appropriated to the National Foundation
on the Arts and the Humanities may be used to process any grant
or contract documents which do not include the text of 18 U.S.C.
1913: Provided, That none of the funds appropriated to the National
Foundation on the Arts and the Humanities may be used for official
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131 STAT. 492
PUBLIC LAW 115–31—MAY 5, 2017
reception and representation expenses: Provided further, That funds
from nonappropriated sources may be used as necessary for official
reception and representation expenses: Provided further, That the
Chairperson of the National Endowment for the Arts may approve
grants of up to $10,000, if in the aggregate the amount of such
grants does not exceed 5 percent of the sums appropriated for
grantmaking purposes per year: Provided further, That such small
grant actions are taken pursuant to the terms of an expressed
and direct delegation of authority from the National Council on
the Arts to the Chairperson.
COMMISSION
OF
FINE ARTS
SALARIES AND EXPENSES
Fees.
For expenses of the Commission of Fine Arts under chapter
91 of title 40, United States Code, $2,762,000: Provided, That the
Commission is authorized to charge fees to cover the full costs
of its publications, and such fees shall be credited to this account
as an offsetting collection, to remain available until expended without further appropriation: Provided further, That the Commission
is authorized to accept gifts, including objects, papers, artwork,
drawings and artifacts, that pertain to the history and design
of the Nation’s Capital or the history and activities of the Commission of Fine Arts, for the purpose of artistic display, study or
education: Provided further, That one-tenth of one percent of the
funds provided under this heading may be used for official reception
and representation expenses.
NATIONAL CAPITAL ARTS AND CULTURAL AFFAIRS
For necessary expenses as authorized by Public Law 99–190
(20 U.S.C. 956a), $2,000,000.
ADVISORY COUNCIL
ON
HISTORIC PRESERVATION
SALARIES AND EXPENSES
For necessary expenses of the Advisory Council on Historic
Preservation (Public Law 89–665), $6,493,000.
NATIONAL CAPITAL PLANNING COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the National Capital Planning
Commission under chapter 87 of title 40, United States Code,
including services as authorized by 5 U.S.C. 3109, $8,099,000: Provided, That one-quarter of 1 percent of the funds provided under
this heading may be used for official reception and representational
expenses associated with hosting international visitors engaged in
the planning and physical development of world capitals.
UNITED STATES HOLOCAUST MEMORIAL MUSEUM
HOLOCAUST MEMORIAL MUSEUM
For expenses of the Holocaust Memorial Museum, as authorized
by Public Law 106–292 (36 U.S.C. 2301–2310), $57,000,000, of
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 493
which $1,215,000 shall remain available until September 30, 2019,
for the Museum’s equipment replacement program; and of which
$2,500,000 for the Museum’s repair and rehabilitation program
and $1,264,000 for the Museum’s outreach initiatives program shall
remain available until expended.
DWIGHT D. EISENHOWER MEMORIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses, including the costs of construction
design, of the Dwight D. Eisenhower Memorial Commission,
$1,600,000, to remain available until expended.
CAPITAL CONSTRUCTION
For necessary expenses of the Dwight D. Eisenhower Memorial
Commission for design and construction of a memorial in honor
of Dwight D. Eisenhower, as authorized by Public Law 106–79,
$45,000,000, to remain available until expended: Provided, That
the contract with respect to the procurement shall contain the
‘‘availability of funds’’ clause described in section 52.232.18 of title
48, Code of Federal Regulations: Provided further, That the funds
appropriated herein shall be deemed to satisfy the criteria for
issuing a permit contained in 40 U.S.C. 8906(a)(4) and (b).
WOMEN’S SUFFRAGE CENTENNIAL COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Women’s Suffrage Centennial
Commission, as authorized by this Act, $2,000,000, to remain available until expended.
TITLE IV
GENERAL PROVISIONS
(INCLUDING TRANSFERS OF FUNDS)
RESTRICTION ON USE OF FUNDS
SEC. 401. No part of any appropriation contained in this Act
shall be available for any activity or the publication or distribution
of literature that in any way tends to promote public support
or opposition to any legislative proposal on which Congressional
action is not complete other than to communicate to Members
of Congress as described in 18 U.S.C. 1913.
Lobbying.
OBLIGATION OF APPROPRIATIONS
SEC. 402. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
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131 STAT. 494
PUBLIC LAW 115–31—MAY 5, 2017
DISCLOSURE OF ADMINISTRATIVE EXPENSES
SEC. 403. The amount and basis of estimated overhead charges,
deductions, reserves or holdbacks, including working capital fund
and cost pool charges, from programs, projects, activities and subactivities to support government-wide, departmental, agency, or
bureau administrative functions or headquarters, regional, or central operations shall be presented in annual budget justifications
and subject to approval by the Committees on Appropriations of
the House of Representatives and the Senate. Changes to such
estimates shall be presented to the Committees on Appropriations
for approval.
MINING APPLICATIONS
Determination.
Effective date.
Contracts.
SEC. 404. (a) LIMITATION OF FUNDS.—None of the funds appropriated or otherwise made available pursuant to this Act shall
be obligated or expended to accept or process applications for a
patent for any mining or mill site claim located under the general
mining laws.
(b) EXCEPTIONS.—Subsection (a) shall not apply if the Secretary
of the Interior determines that, for the claim concerned (1) a patent
application was filed with the Secretary on or before September
30, 1994; and (2) all requirements established under sections 2325
and 2326 of the Revised Statutes (30 U.S.C. 29 and 30) for vein
or lode claims, sections 2329, 2330, 2331, and 2333 of the Revised
Statutes (30 U.S.C. 35, 36, and 37) for placer claims, and section
2337 of the Revised Statutes (30 U.S.C. 42) for mill site claims,
as the case may be, were fully complied with by the applicant
by that date.
(c) REPORT.—On September 30, 2018, the Secretary of the
Interior shall file with the House and Senate Committees on Appropriations and the Committee on Natural Resources of the House
and the Committee on Energy and Natural Resources of the Senate
a report on actions taken by the Department under the plan submitted pursuant to section 314(c) of the Department of the Interior
and Related Agencies Appropriations Act, 1997 (Public Law 104–
208).
(d) MINERAL EXAMINATIONS.—In order to process patent
applications in a timely and responsible manner, upon the request
of a patent applicant, the Secretary of the Interior shall allow
the applicant to fund a qualified third-party contractor to be selected
by the Director of the Bureau of Land Management to conduct
a mineral examination of the mining claims or mill sites contained
in a patent application as set forth in subsection (b). The Bureau
of Land Management shall have the sole responsibility to choose
and pay the third-party contractor in accordance with the standard
procedures employed by the Bureau of Land Management in the
retention of third-party contractors.
CONTRACT SUPPORT COSTS, PRIOR YEAR LIMITATION
Continuance.
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SEC. 405. Sections 405 and 406 of division F of the Consolidated
and Further Continuing Appropriations Act, 2015 (Public Law 113–
235) shall continue in effect in fiscal year 2017.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 495
CONTRACT SUPPORT COSTS, FISCAL YEAR 2017 LIMITATION
SEC. 406. Amounts provided by this Act for fiscal year 2017
under the headings ‘‘Department of Health and Human Services,
Indian Health Service, Contract Support Costs’’ and ‘‘Department
of the Interior, Bureau of Indian Affairs and Bureau of Indian
Education, Contract Support Costs’’ are the only amounts available
for contract support costs arising out of self-determination or selfgovernance contracts, grants, compacts, or annual funding agreements for fiscal year 2017 with the Bureau of Indian Affairs or
the Indian Health Service: Provided, That such amounts provided
by this Act are not available for payment of claims for contract
support costs for prior years, or for repayments of payments for
settlements or judgments awarding contract support costs for prior
years.
FOREST MANAGEMENT PLANS
SEC. 407. The Secretary of Agriculture shall not be considered
to be in violation of subparagraph 6(f)(5)(A) of the Forest and
Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C.
1604(f)(5)(A)) solely because more than 15 years have passed without revision of the plan for a unit of the National Forest System.
Nothing in this section exempts the Secretary from any other
requirement of the Forest and Rangeland Renewable Resources
Planning Act (16 U.S.C. 1600 et seq.) or any other law: Provided,
That if the Secretary is not acting expeditiously and in good faith,
within the funding available, to revise a plan for a unit of the
National Forest System, this section shall be void with respect
to such plan and a court of proper jurisdiction may order completion
of the plan on an accelerated basis.
16 USC 1604
note.
PROHIBITION WITHIN NATIONAL MONUMENTS
SEC. 408. No funds provided in this Act may be expended
to conduct preleasing, leasing and related activities under either
the Mineral Leasing Act (30 U.S.C. 181 et seq.) or the Outer
Continental Shelf Lands Act (43 U.S.C. 1331 et seq.) within the
boundaries of a National Monument established pursuant to the
Act of June 8, 1906 (16 U.S.C. 431 et seq.) as such boundary
existed on January 20, 2001, except where such activities are
allowed under the Presidential proclamation establishing such
monument.
LIMITATION ON TAKINGS
SEC. 409. Unless otherwise provided herein, no funds appropriated in this Act for the acquisition of lands or interests in
lands may be expended for the filing of declarations of taking
or complaints in condemnation without the approval of the House
and Senate Committees on Appropriations: Provided, That this
provision shall not apply to funds appropriated to implement the
Everglades National Park Protection and Expansion Act of 1989,
or to funds appropriated for Federal assistance to the State of
Florida to acquire lands for Everglades restoration purposes.
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131 STAT. 496
PUBLIC LAW 115–31—MAY 5, 2017
TIMBER SALE REQUIREMENTS
Alaska.
SEC. 410. No timber sale in Alaska’s Region 10 shall be advertised if the indicated rate is deficit (defined as the value of the
timber is not sufficient to cover all logging and stumpage costs
and provide a normal profit and risk allowance under the Forest
Service’s appraisal process) when appraised using a residual value
appraisal. The western red cedar timber from those sales which
is surplus to the needs of the domestic processors in Alaska, shall
be made available to domestic processors in the contiguous 48
United States at prevailing domestic prices. All additional western
red cedar volume not sold to Alaska or contiguous 48 United States
domestic processors may be exported to foreign markets at the
election of the timber sale holder. All Alaska yellow cedar may
be sold at prevailing export prices at the election of the timber
sale holder.
PROHIBITION ON NO-BID CONTRACTS
SEC. 411. None of the funds appropriated or otherwise made
available by this Act to executive branch agencies may be used
to enter into any Federal contract unless such contract is entered
into in accordance with the requirements of Chapter 33 of title
41, United States Code, or Chapter 137 of title 10, United States
Code, and the Federal Acquisition Regulation, unless—
(1) Federal law specifically authorizes a contract to be
entered into without regard for these requirements, including
formula grants for States, or federally recognized Indian tribes;
or
(2) such contract is authorized by the Indian Self-Determination and Education Assistance Act (Public Law 93–638,
25 U.S.C. 450 et seq.) or by any other Federal laws that
specifically authorize a contract within an Indian tribe as
defined in section 4(e) of that Act (25 U.S.C. 450b(e)); or
(3) such contract was awarded prior to the date of enactment of this Act.
POSTING OF REPORTS
Time period.
SEC. 412. (a) Any agency receiving funds made available in
this Act, shall, subject to subsections (b) and (c), post on the public
website of that agency any report required to be submitted by
the Congress in this or any other Act, upon the determination
by the head of the agency that it shall serve the national interest.
(b) Subsection (a) shall not apply to a report if—
(1) the public posting of the report compromises national
security; or
(2) the report contains proprietary information.
(c) The head of the agency posting such report shall do so
only after such report has been made available to the requesting
Committee or Committees of Congress for no less than 45 days.
NATIONAL ENDOWMENT FOR THE ARTS GRANT GUIDELINES
SEC. 413. Of the funds provided to the National Endowment
for the Arts—
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131 STAT. 497
(1) The Chairperson shall only award a grant to an individual if such grant is awarded to such individual for a literature fellowship, National Heritage Fellowship, or American
Jazz Masters Fellowship.
(2) The Chairperson shall establish procedures to ensure
that no funding provided through a grant, except a grant made
to a State or local arts agency, or regional group, may be
used to make a grant to any other organization or individual
to conduct activity independent of the direct grant recipient.
Nothing in this subsection shall prohibit payments made in
exchange for goods and services.
(3) No grant shall be used for seasonal support to a group,
unless the application is specific to the contents of the season,
including identified programs or projects.
Grants.
Procedures.
NATIONAL ENDOWMENT FOR THE ARTS PROGRAM PRIORITIES
SEC. 414. (a) In providing services or awarding financial assistance under the National Foundation on the Arts and the Humanities Act of 1965 from funds appropriated under this Act, the
Chairperson of the National Endowment for the Arts shall ensure
that priority is given to providing services or awarding financial
assistance for projects, productions, workshops, or programs that
serve underserved populations.
(b) In this section:
(1) The term ‘‘underserved population’’ means a population
of individuals, including urban minorities, who have historically
been outside the purview of arts and humanities programs
due to factors such as a high incidence of income below the
poverty line or to geographic isolation.
(2) The term ‘‘poverty line’’ means the poverty line (as
defined by the Office of Management and Budget, and revised
annually in accordance with section 673(2) of the Community
Services Block Grant Act (42 U.S.C. 9902(2))) applicable to
a family of the size involved.
(c) In providing services and awarding financial assistance
under the National Foundation on the Arts and Humanities Act
of 1965 with funds appropriated by this Act, the Chairperson of
the National Endowment for the Arts shall ensure that priority
is given to providing services or awarding financial assistance for
projects, productions, workshops, or programs that will encourage
public knowledge, education, understanding, and appreciation of
the arts.
(d) With funds appropriated by this Act to carry out section
5 of the National Foundation on the Arts and Humanities Act
of 1965—
(1) the Chairperson shall establish a grant category for
projects, productions, workshops, or programs that are of
national impact or availability or are able to tour several States;
(2) the Chairperson shall not make grants exceeding 15
percent, in the aggregate, of such funds to any single State,
excluding grants made under the authority of paragraph (1);
(3) the Chairperson shall report to the Congress annually
and by State, on grants awarded by the Chairperson in each
grant category under section 5 of such Act; and
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Definitions.
Grants.
State and local
governments.
Reports.
Deadline.
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PUBLIC LAW 115–31—MAY 5, 2017
(4) the Chairperson shall encourage the use of grants to
improve and support community-based music performance and
education.
STATUS OF BALANCES OF APPROPRIATIONS
Reports.
Deadline.
SEC. 415. The Department of the Interior, the Environmental
Protection Agency, the Forest Service, and the Indian Health
Service shall provide the Committees on Appropriations of the
House of Representatives and Senate quarterly reports on the status
of balances of appropriations including all uncommitted, committed,
and unobligated funds in each program and activity.
REPORT ON USE OF CLIMATE CHANGE FUNDS
President.
Time period.
SEC. 416. Not later than 120 days after the date on which
the President’s fiscal year 2018 budget request is submitted to
the Congress, the President shall submit a comprehensive report
to the Committees on Appropriations of the House of Representatives and the Senate describing in detail all Federal agency funding,
domestic and international, for climate change programs, projects,
and activities in fiscal years 2016 and 2017, including an accounting
of funding by agency with each agency identifying climate change
programs, projects, and activities and associated costs by line item
as presented in the President’s Budget Appendix, and including
citations and linkages where practicable to each strategic plan
that is driving funding within each climate change program, project,
and activity listed in the report.
PROHIBITION ON USE OF FUNDS
SEC. 417. Notwithstanding any other provision of law, none
of the funds made available in this Act or any other Act may
be used to promulgate or implement any regulation requiring the
issuance of permits under title V of the Clean Air Act (42 U.S.C.
7661 et seq.) for carbon dioxide, nitrous oxide, water vapor, or
methane emissions resulting from biological processes associated
with livestock production.
GREENHOUSE GAS REPORTING RESTRICTIONS
SEC. 418. Notwithstanding any other provision of law, none
of the funds made available in this or any other Act may be
used to implement any provision in a rule, if that provision requires
mandatory reporting of greenhouse gas emissions from manure
management systems.
MODIFICATION OF AUTHORITIES
SEC. 419. Section 8162(m)(3) of the Department of Defense
Appropriations Act, 2000 (40 U.S.C. 8903 note; Public Law 106–
79) is amended by striking ‘‘September 30, 2016’’ and inserting
‘‘September 30, 2017’’.
FUNDING PROHIBITION
SEC. 420. None of the funds made available by this or any
other Act may be used to regulate the lead content of ammunition,
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131 STAT. 499
ammunition components, or fishing tackle under the Toxic Substances Control Act (15 U.S.C. 2601 et seq.) or any other law.
EXTENSION OF GRAZING PERMITS
SEC. 421. The terms and conditions of section 325 of Public
Law 108–108 (117 Stat. 1307), regarding grazing permits issued
by the Forest Service on any lands not subject to administration
under section 402 of the Federal Lands Policy and Management
Act (43 U.S.C. 1752), shall remain in effect for fiscal year 2017.
STEWARDSHIP CONTRACTING AMENDMENTS
SEC. 422. Section 604(d) of the Healthy Forest Restoration
Act of 2003 (16 U.S.C. 6591c(d)), as amended by the Agricultural
Act of 2014 (Public Law 113–79), is further amended—
(1) in paragraph (5), by adding at the end the following:
‘‘Notwithstanding the Materials Act of 1947 (30 U.S.C. 602(a)),
the Director may enter into an agreement or contract under
subsection (b).’’; and
(2) in paragraph (7), by striking ‘‘and the Director’’.
FUNDING PROHIBITION
SEC. 423. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network is designed to block access to pornography websites.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
Pornography.
CLARIFICATION OF EXEMPTIONS
SEC. 424. None of the funds made available in this Act may
be used to require a permit for the discharge of dredged or fill
material under the Federal Water Pollution Control Act (33 U.S.C.
1251, et seq.) for the activities identified in subparagraphs (A)
and (C) of section 404(f)(1) of the Act (33 U.S.C. 1344(f)(1)(A),
(C)).
USE OF AMERICAN IRON AND STEEL
SEC. 425. (a)(1) None of the funds made available by a State
water pollution control revolving fund as authorized by section
1452 of the Safe Drinking Water Act (42 U.S.C. 300j–12) shall
be used for a project for the construction, alteration, maintenance,
or repair of a public water system or treatment works unless
all of the iron and steel products used in the project are produced
in the United States.
(2) In this section, the term ‘‘iron and steel’’ products means
the following products made primarily of iron or steel: lined or
unlined pipes and fittings, manhole covers and other municipal
castings, hydrants, tanks, flanges, pipe clamps and restraints,
valves, structural steel, reinforced precast concrete, and construction materials.
(b) Subsection (a) shall not apply in any case or category
of cases in which the Administrator of the Environmental Protection
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Definitions.
PUBL031
131 STAT. 500
Waiver request.
Public
information.
Records.
Time period.
Web site.
Applicability.
PUBLIC LAW 115–31—MAY 5, 2017
Agency (in this section referred to as the ‘‘Administrator’’) finds
that—
(1) applying subsection (a) would be inconsistent with the
public interest;
(2) iron and steel products are not produced in the United
States in sufficient and reasonably available quantities and
of a satisfactory quality; or
(3) inclusion of iron and steel products produced in the
United States will increase the cost of the overall project by
more than 25 percent.
(c) If the Administrator receives a request for a waiver under
this section, the Administrator shall make available to the public
on an informal basis a copy of the request and information available
to the Administrator concerning the request, and shall allow for
informal public input on the request for at least 15 days prior
to making a finding based on the request. The Administrator shall
make the request and accompanying information available by electronic means, including on the official public Internet Web site
of the Environmental Protection Agency.
(d) This section shall be applied in a manner consistent with
United States obligations under international agreements.
(e) The Administrator may retain up to 0.25 percent of the
funds appropriated in this Act for the Clean and Drinking Water
State Revolving Funds for carrying out the provisions described
in subsection (a)(1) for management and oversight of the requirements of this section.
NATIONAL GALLERY OF ART
SEC. 426. Section 6301(2) of title 40, United States Code, is
amended—
(1) in the matter preceding subparagraph (A), by striking
‘‘The National Gallery of Art’’ and inserting ‘‘(A) The National
Gallery of Art’’;
(2) by redesignating subparagraphs (A), (B), and (C) as
clauses (i), (ii), and (iii), respectively; and
(3) by adding at the end the following new subparagraph:
‘‘(B) All other buildings, service roads, walks, and other areas
within the exterior boundaries of any real estate or land or
interest in land (including temporary use) that the National
Gallery of Art acquires and that the Director of the National
Gallery of Art determines to be necessary for the adequate
protection of individuals or property in the National Gallery
of Art and suitable for administration as a part of the National
Gallery of Art.’’.
MIDWAY ISLAND
SEC. 427. None of the funds made available by this Act may
be used to destroy any buildings or structures on Midway Island
that have been recommended by the United States Navy for inclusion in the National Register of Historic Places (54 U.S.C. 302101).
POLICIES RELATING TO BIOMASS ENERGY
SEC. 428. To support the key role that forests in the United
States can play in addressing the energy needs of the United
States, the Secretary of Energy, the Secretary of Agriculture, and
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 501
the Administrator of the Environmental Protection Agency shall,
consistent with their missions, jointly—
(1) ensure that Federal policy relating to forest bioenergy—
(A) is consistent across all Federal departments and
agencies; and
(B) recognizes the full benefits of the use of forest
biomass for energy, conservation, and responsible forest
management; and
(2) establish clear and simple policies for the use of forest
biomass as an energy solution, including policies that—
(A) reflect the carbon-neutrality of forest bioenergy
and recognize biomass as a renewable energy source, provided the use of forest biomass for energy production does
not cause conversion of forests to non-forest use.
(B) encourage private investment throughout the forest
biomass supply chain, including in—
(i) working forests;
(ii) harvesting operations;
(iii) forest improvement operations;
(iv) forest bioenergy production;
(v) wood products manufacturing; or
(vi) paper manufacturing;
(C) encourage forest management to improve forest
health; and
(D) recognize State initiatives to produce and use forest
biomass.
JOHN F. KENNEDY CENTER REAUTHORIZATION
SEC. 429. Section 13 of the John F. Kennedy Center Act (20
U.S.C. 76r) is amended by striking subsections (a) and (b) and
inserting the following:
‘‘(a) MAINTENANCE, REPAIR, AND SECURITY.—There is authorized to be appropriated to the Board to carry out section 4(a)(1)(H),
$22,260,000 for fiscal year 2017.
‘‘(b) CAPITAL PROJECTS.—There is authorized to be appropriated
to the Board to carry out subparagraphs (F) and (G) of section
4(a)(1), $14,140,000 for fiscal year 2017.’’.
BOUNDARY ADJUSTMENT, BOB MARSHALL WILDERNESS, HELENA-LEWIS
AND CLARK NATIONAL FOREST
SEC. 430. The boundary of the Patrick’s Basin Addition to
the Bob Marshall Wilderness designated by section 3065(c)(1)(A)
of the ‘‘Carl Levin and Howard P. ‘Buck’ McKeon National Defense
Authorization Act for Fiscal Year 2015’’ (Public Law 113–291; 128
Stat. 3835) is modified to exclude approximately 603 acres of land
as generally depicted as items 1 and 2 on the map entitled ‘‘Patrick’s
Basin Addition to the Bob Marshall Wilderness—Kenck Cabin and
South Fork Sun River Packbridge Adjustments’’ and dated April
21, 2016, which shall be on file and available for public inspection
in the appropriate offices of the Forest Service. The lands excluded
from the wilderness shall be added to and administered as part
of the Rocky Mountain Front Conservation Management Area established in section 3065(b).
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16 USC 1132
note.
PUBL031
131 STAT. 502
PUBLIC LAW 115–31—MAY 5, 2017
INCORPORATION BY REFERENCE
16 USC 460iii
note.
16 USC 460iii–4
note.
31 USC 101 note
prec.
Publication.
1 USC 112 note.
Departments of
Labor, Health
and Human
Services, and
Education, and
Related Agencies
Appropriations
Act, 2017.
Department of
Labor
Appropriations
Act, 2017.
Grants.
State and local
governments.
Time periods.
SEC. 431. (a) The provisions of the following bills of the 115th
Congress are hereby enacted into law:
(1) H.R. 2104 (the Morley Nelson Snake River Birds of
Prey National Conservation Area Boundary Modification Act
of 2017), as introduced on April 20, 2017.
(2) S. 131 (the Alaska Mental Health Trust Land Exchange
Act of 2017), as ordered to be reported on March 30, 2017,
by the Committee on Energy and Natural Resources of the
Senate.
(3) S. 847 (the Women’s Suffrage Centennial Commission
Act), as introduced on April 5, 2017.
* (b) In publishing this Act in slip form and in the United
States Statutes at Large pursuant to section 112 of title 1, United
States Code, the Archivist of the United States shall include after
the date of approval at the end an appendix setting forth the
text of the bills referred to in subsection (a).
This division may be cited as the ‘‘Department of the Interior,
Environment, and Related Agencies Appropriations Act, 2017’’.
DIVISION H—DEPARTMENTS OF LABOR, HEALTH AND
HUMAN SERVICES, AND EDUCATION, AND RELATED
AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF LABOR
EMPLOYMENT
AND
TRAINING ADMINISTRATION
TRAINING AND EMPLOYMENT SERVICES
For necessary expenses of the Workforce Innovation and Opportunity Act (referred to in this Act as ‘‘WIOA’’), the Second Chance
Act of 2007, and the National Apprenticeship Act, $3,338,699,000,
plus reimbursements, shall be available. Of the amounts provided:
(1) for grants to States for adult employment and training
activities, youth activities, and dislocated worker employment
and training activities, $2,709,832,000 as follows:
(A) $815,556,000 for adult employment and training
activities, of which $103,556,000 shall be available for the
period July 1, 2017 through June 30, 2018, and of which
$712,000,000 shall be available for the period October 1,
2017 through June 30, 2018;
(B) $873,416,000 for youth activities, which shall be
available for the period April 1, 2017 through June 30,
2018; and
(C) $1,020,860,000 for dislocated worker employment
and training activities, of which $160,860,000 shall be
available for the period July 1, 2017 through June 30,
2018, and of which $860,000,000 shall be available for
the period October 1, 2017 through June 30, 2018:
Provided, That pursuant to section 128(a)(1) of the WIOA,
the amount available to the Governor for statewide workforce
investment activities shall not exceed 15 percent of the amount
allotted to the State from each of the appropriations under
the preceding subparagraphs: Provided further, That the funds
* See Endnote on 131 Stat. 842.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 503
available for allotment to outlying areas to carry out subtitle
B of title I of the WIOA shall not be subject to the requirements
of section 127(b)(1)(B)(ii) of such Act; and
(2) for national programs, $628,867,000 as follows:
(A) $220,859,000 for the dislocated workers assistance
national reserve, of which $20,859,000 shall be available
for the period July 1, 2017 through September 30, 2018,
and of which $200,000,000 shall be available for the period
October 1, 2017 through September 30, 2018: Provided,
That funds provided to carry out section 132(a)(2)(A) of
the WIOA may be used to provide assistance to a State
for statewide or local use in order to address cases where
there have been worker dislocations across multiple sectors
or across multiple local areas and such workers remain
dislocated; coordinate the State workforce development
plan with emerging economic development needs; and train
such eligible dislocated workers: Provided further, That
funds provided to carry out sections 168(b) and 169(c) of
the WIOA may be used for technical assistance and demonstration projects, respectively, that provide assistance
to new entrants in the workforce and incumbent workers:
Provided further, That notwithstanding section 168(b) of
the WIOA, of the funds provided under this subparagraph,
the Secretary of Labor (referred to in this title as ‘‘Secretary’’) may reserve not more than 10 percent of such
funds to provide technical assistance and carry out additional activities related to the transition to the WIOA:
Provided further, That, of the funds provided under this
subparagraph, $20,000,000 shall be made available for
applications submitted in accordance with section 170 of
the WIOA for training and employment assistance for
workers dislocated from coal mines and coal-fired power
plants;
(B) $50,000,000 for Native American programs under
section 166 of the WIOA, which shall be available for
the period July 1, 2017 through June 30, 2018;
(C) $81,896,000 for migrant and seasonal farmworker
programs under section 167 of the WIOA, including
$75,885,000 for formula grants (of which not less than
70 percent shall be for employment and training services),
$5,517,000 for migrant and seasonal housing (of which
not less than 70 percent shall be for permanent housing),
and $494,000 for other discretionary purposes, which shall
be available for the period July 1, 2017 through June
30, 2018: Provided, That notwithstanding any other provision of law or related regulation, the Department of Labor
shall take no action limiting the number or proportion
of eligible participants receiving related assistance services
or discouraging grantees from providing such services;
(D) $84,534,000 for YouthBuild activities as described
in section 171 of the WIOA, which shall be available for
the period April 1, 2017 through June 30, 2018;
(E) $2,500,000 for technical assistance activities under
section 168 of the WIOA, which shall be available for
the period July 1, 2017 through June 30, 2018;
(F) $88,078,000 for ex-offender activities, under the
authority of section 169 of the WIOA and section 212
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131 STAT. 504
PUBLIC LAW 115–31—MAY 5, 2017
of the Second Chance Act of 2007, which shall be available
for the period April 1, 2017 through June 30, 2018: Provided, That of this amount, $25,000,000 shall be for
competitive grants to national and regional intermediaries
for activities that prepare young ex-offenders and school
dropouts for employment, with a priority for projects
serving high-crime, high-poverty areas;
(G) $6,000,000 for the Workforce Data Quality Initiative, under the authority of section 169 of the WIOA, which
shall be available for the period July 1, 2017 through
June 30, 2018; and
(H) $95,000,000 to expand opportunities relating to
apprenticeship programs registered under the National
Apprenticeship Act, to be available to the Secretary to
carry out activities through grants, cooperative agreements,
contracts and other arrangements, with States and other
appropriate entities, which shall be available for the period
April 1, 2017 through June 30, 2018.
JOB CORPS
(INCLUDING TRANSFER OF FUNDS)
Reimbursements.
Time periods.
Termination
date.
Notification.
Deadline.
To carry out subtitle C of title I of the WIOA, including Federal
administrative expenses, the purchase and hire of passenger motor
vehicles, the construction, alteration, and repairs of buildings and
other facilities, and the purchase of real property for training centers as authorized by the WIOA, $1,704,155,000, plus reimbursements, as follows:
(1) $1,587,325,000 for Job Corps Operations, which shall
be available for the period July 1, 2017 through June 30,
2018;
(2) $84,500,000 for construction, rehabilitation and acquisition of Job Corps Centers, which shall be available for the
period July 1, 2017 through June 30, 2020, and which may
include the acquisition, maintenance, and repair of major items
of equipment: Provided, That the Secretary may transfer up
to 15 percent of such funds to meet the operational needs
of such centers or to achieve administrative efficiencies: Provided further, That any funds transferred pursuant to the preceding proviso shall not be available for obligation after June
30, 2018: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance of any transfer; and
(3) $32,330,000 for necessary expenses of Job Corps, which
shall be available for obligation for the period October 1, 2016
through September 30, 2017:
Provided, That no funds from any other appropriation shall be
used to provide meal services at or for Job Corps centers.
COMMUNITY SERVICE EMPLOYMENT FOR OLDER AMERICANS
Time period.
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To carry out title V of the Older Americans Act of 1965 (referred
to in this Act as ‘‘OAA’’), $400,000,000, which shall be available
for the period April 1, 2017 through June 30, 2018, and may
be recaptured and reobligated in accordance with section 517(c)
of the OAA.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 505
FEDERAL UNEMPLOYMENT BENEFITS AND ALLOWANCES
For payments during fiscal year 2017 of trade adjustment benefit payments and allowances under part I of subchapter B of
chapter 2 of title II of the Trade Act of 1974, and section 246
of that Act; and for training, employment and case management
services, allowances for job search and relocation, and related State
administrative expenses under part II of subchapter B of chapter
2 of title II of the Trade Act of 1974, and including benefit payments,
allowances, training, employment and case management services,
and related State administration provided pursuant to section
231(a) of the Trade Adjustment Assistance Extension Act of 2011
and section 405(a) of the Trade Preferences Extension Act of 2015,
$849,000,000 together with such amounts as may be necessary
to be charged to the subsequent appropriation for payments for
any period subsequent to September 15, 2017: Provided, That notwithstanding section 502 of this Act, any part of the appropriation
provided under this heading may remain available for obligation
beyond the current fiscal year pursuant to the authorities of section
245(c) of the Trade Act of 1974 (19 U.S.C. 2317(c)).
STATE UNEMPLOYMENT INSURANCE AND EMPLOYMENT SERVICE
OPERATIONS
For authorized administrative expenses, $89,066,000, together
with not to exceed $3,434,625,000 which may be expended from
the Employment Security Administration Account in the Unemployment Trust Fund (‘‘the Trust Fund’’), of which:
(1) $2,687,600,000 from the Trust Fund is for grants to
States for the administration of State unemployment insurance
laws as authorized under title III of the Social Security Act
(including not less than $115,000,000 to conduct in-person
reemployment and eligibility assessments and unemployment
insurance improper payment reviews, and to provide reemployment services and referrals to training as appropriate, for claimants of unemployment insurance for ex-service members under
5 U.S.C. 8521 et. seq. and for claimants of regular unemployment compensation, including those who are profiled as most
likely to exhaust their benefits in each State, and $5,500,000
for continued support of the Unemployment Insurance Integrity
Center of Excellence), the administration of unemployment
insurance for Federal employees and for ex-service members
as authorized under 5 U.S.C. 8501–8523, and the administration of trade readjustment allowances, reemployment trade
adjustment assistance, and alternative trade adjustment assistance under the Trade Act of 1974 and under section 231(a)
of the Trade Adjustment Assistance Extension Act of 2011
and section 405(a) of the Trade Preferences Extension Act
of 2015, and shall be available for obligation by the States
through December 31, 2017, except that funds used for automation shall be available for Federal obligation through December
31, 2017, and for State obligation through September 30, 2019,
or, if the automation is being carried out through consortia
of States, for State obligation through September 30, 2022,
and for expenditure through September 30, 2023, and funds
for competitive grants awarded to States for improved operations and to conduct in-person reemployment and eligibility
assessments and unemployment insurance improper payment
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PUBL031
131 STAT. 506
Time period.
Time period.
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PUBLIC LAW 115–31—MAY 5, 2017
reviews and provide reemployment services and referrals to
training, as appropriate, shall be available for Federal obligation through December 31, 2017, and for obligation by the
States through September 30, 2019, and funds for the
Unemployment Insurance Integrity Center of Excellence shall
be available for obligation by the State through September
30, 2018, and funds used for unemployment insurance workloads experienced by the States through September 30, 2017
shall be available for Federal obligation through December
31, 2017;
(2) $14,897,000 from the Trust Fund is for national activities necessary to support the administration of the FederalState unemployment insurance system;
(3) $650,000,000 from the Trust Fund, together with
$21,413,000 from the General Fund of the Treasury, is for
grants to States in accordance with section 6 of the WagnerPeyser Act, and shall be available for Federal obligation for
the period July 1, 2017 through June 30, 2018;
(4) $19,818,000 from the Trust Fund is for national activities of the Employment Service, including administration of
the work opportunity tax credit under section 51 of the Internal
Revenue Code of 1986, and the provision of technical assistance
and staff training under the Wagner-Peyser Act;
(5) $62,310,000 from the Trust Fund is for the administration of foreign labor certifications and related activities under
the Immigration and Nationality Act and related laws, of which
$48,028,000 shall be available for the Federal administration
of such activities, and $14,282,000 shall be available for grants
to States for the administration of such activities; and
(6) $67,653,000 from the General Fund is to provide
workforce information, national electronic tools, and one-stop
system building under the Wagner-Peyser Act and shall be
available for Federal obligation for the period July 1, 2017
through June 30, 2018:
Provided, That to the extent that the Average Weekly Insured
Unemployment (‘‘AWIU’’) for fiscal year 2017 is projected by the
Department of Labor to exceed 2,453,000, an additional $28,600,000
from the Trust Fund shall be available for obligation for every
100,000 increase in the AWIU level (including a pro rata amount
for any increment less than 100,000) to carry out title III of the
Social Security Act: Provided further, That funds appropriated in
this Act that are allotted to a State to carry out activities under
title III of the Social Security Act may be used by such State
to assist other States in carrying out activities under such title
III if the other States include areas that have suffered a major
disaster declared by the President under the Robert T. Stafford
Disaster Relief and Emergency Assistance Act: Provided further,
That the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States for the use of the National Directory of New
Hires under section 453(j)(8) of such Act: Provided further, That
the Secretary may use funds appropriated for grants to States
under title III of the Social Security Act to make payments on
behalf of States to the entity operating the State Information Data
Exchange System: Provided further, That funds appropriated in
this Act which are used to establish a national one-stop career
center system, or which are used to support the national activities
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 507
of the Federal-State unemployment insurance, employment service,
or immigration programs, may be obligated in contracts, grants,
or agreements with States and non-State entities: Provided further,
That States awarded competitive grants for improved operations
under title III of the Social Security Act, or awarded grants to
support the national activities of the Federal-State unemployment
insurance system, may award subgrants to other States and nonState entities under such grants, subject to the conditions applicable
to the grants: Provided further, That funds appropriated under
this Act for activities authorized under title III of the Social Security
Act and the Wagner-Peyser Act may be used by States to fund
integrated Unemployment Insurance and Employment Service automation efforts, notwithstanding cost allocation principles prescribed
under the final rule entitled ‘‘Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal
Awards’’ at part 200 of title 2, Code of Federal Regulations: Provided
further, That the Secretary, at the request of a State participating
in a consortium with other States, may reallot funds allotted to
such State under title III of the Social Security Act to other States
participating in the consortium in order to carry out activities
that benefit the administration of the unemployment compensation
law of the State making the request: Provided further, That the
Secretary may collect fees for the costs associated with additional
data collection, analyses, and reporting services relating to the
National Agricultural Workers Survey requested by State and local
governments, public and private institutions of higher education,
and nonprofit organizations and may utilize such sums, in accordance with the provisions of 29 U.S.C. 9a, for the National Agricultural Workers Survey infrastructure, methodology, and data to meet
the information collection and reporting needs of such entities,
which shall be credited to this appropriation and shall remain
available until September 30, 2018, for such purposes.
ADVANCES TO THE UNEMPLOYMENT TRUST FUND AND OTHER FUNDS
For repayable advances to the Unemployment Trust Fund as
authorized by sections 905(d) and 1203 of the Social Security Act,
and to the Black Lung Disability Trust Fund as authorized by
section 9501(c)(1) of the Internal Revenue Code of 1986; and for
nonrepayable advances to the revolving fund established by section
901(e) of the Social Security Act, to the Unemployment Trust Fund
as authorized by 5 U.S.C. 8509, and to the ‘‘Federal Unemployment
Benefits and Allowances’’ account, such sums as may be necessary,
which shall be available for obligation through September 30, 2018.
PROGRAM ADMINISTRATION
For expenses of administering employment and training programs, $108,674,000, together with not to exceed $49,982,000 which
may be expended from the Employment Security Administration
Account in the Unemployment Trust Fund.
EMPLOYEE BENEFITS SECURITY ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Employee Benefits Security
Administration, $181,000,000.
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131 STAT. 508
PUBLIC LAW 115–31—MAY 5, 2017
PENSION BENEFIT GUARANTY CORPORATION
PENSION BENEFIT GUARANTY CORPORATION FUND
Contracts.
Notification.
The Pension Benefit Guaranty Corporation (‘‘Corporation’’) is
authorized to make such expenditures, including financial assistance authorized by subtitle E of title IV of the Employee Retirement
Income Security Act of 1974, within limits of funds and borrowing
authority available to the Corporation, and in accord with law,
and to make such contracts and commitments without regard to
fiscal year limitations, as provided by 31 U.S.C. 9104, as may
be necessary in carrying out the program, including associated
administrative expenses, through September 30, 2017, for the Corporation: Provided, That none of the funds available to the Corporation for fiscal year 2017 shall be available for obligations for
administrative expenses in excess of $421,006,000: Provided further,
That an amount not to exceed an additional $98,500,000 shall
be available through September 30, 2021, for costs associated with
the acquisition, occupancy, and related costs of headquarters space:
Provided further, That to the extent that the number of new plan
participants in plans terminated by the Corporation exceeds 100,000
in fiscal year 2017, an amount not to exceed an additional
$9,200,000 shall be available through September 30, 2018, for
obligation for administrative expenses for every 20,000 additional
terminated participants: Provided further, That obligations in excess
of the amounts provided in this paragraph may be incurred for
unforeseen and extraordinary pretermination expenses or extraordinary multiemployer program related expenses after approval by
the Office of Management and Budget and notification of the
Committees on Appropriations of the House of Representatives and
the Senate.
WAGE
AND
HOUR DIVISION
SALARIES AND EXPENSES
For necessary expenses for the Wage and Hour Division,
including reimbursement to State, Federal, and local agencies and
their employees for inspection services rendered, $227,500,000.
OFFICE
OF
LABOR-MANAGEMENT STANDARDS
SALARIES AND EXPENSES
For necessary expenses for the Office of Labor-Management
Standards, $38,187,000.
OFFICE
OF
FEDERAL CONTRACT COMPLIANCE PROGRAMS
SALARIES AND EXPENSES
For necessary expenses for the Office of Federal Contract
Compliance Programs, $104,476,000.
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PUBLIC LAW 115–31—MAY 5, 2017
OFFICE
OF
131 STAT. 509
WORKERS’ COMPENSATION PROGRAMS
SALARIES AND EXPENSES
For necessary expenses for the Office of Workers’ Compensation
Programs, $115,424,000, together with $2,177,000 which may be
expended from the Special Fund in accordance with sections 39(c),
44(d), and 44(j) of the Longshore and Harbor Workers’ Compensation Act.
SPECIAL BENEFITS
(INCLUDING TRANSFER OF FUNDS)
For the payment of compensation, benefits, and expenses
(except administrative expenses) accruing during the current or
any prior fiscal year authorized by 5 U.S.C. 81; continuation of
benefits as provided for under the heading ‘‘Civilian War Benefits’’
in the Federal Security Agency Appropriation Act, 1947; the
Employees’ Compensation Commission Appropriation Act, 1944; section 5(f) of the War Claims Act (50 U.S.C. App. 2004); obligations
incurred under the War Hazards Compensation Act (42 U.S.C.
1701 et seq.); and 50 percent of the additional compensation and
benefits required by section 10(h) of the Longshore and Harbor
Workers’ Compensation Act, $220,000,000, together with such
amounts as may be necessary to be charged to the subsequent
year appropriation for the payment of compensation and other
benefits for any period subsequent to August 15 of the current
year, for deposit into and to assume the attributes of the Employees’
Compensation Fund established under 5 U.S.C. 8147(a): Provided,
That amounts appropriated may be used under 5 U.S.C. 8104
by the Secretary to reimburse an employer, who is not the employer
at the time of injury, for portions of the salary of a re-employed,
disabled beneficiary: Provided further, That balances of reimbursements unobligated on September 30, 2016, shall remain available
until expended for the payment of compensation, benefits, and
expenses: Provided further, That in addition there shall be transferred to this appropriation from the Postal Service and from any
other corporation or instrumentality required under 5 U.S.C. 8147(c)
to pay an amount for its fair share of the cost of administration,
such sums as the Secretary determines to be the cost of administration for employees of such fair share entities through September
30, 2017: Provided further, That of those funds transferred to this
account from the fair share entities to pay the cost of administration
of the Federal Employees’ Compensation Act, $66,675,000 shall
be made available to the Secretary as follows:
(1) For enhancement and maintenance of automated data
processing systems operations and telecommunications systems,
$22,740,000;
(2) For automated workload processing operations,
including document imaging, centralized mail intake, and medical bill processing, $22,968,000;
(3) For periodic roll disability management and medical
review, $16,866,000;
(4) For program integrity, $4,101,000; and
(5) The remaining funds shall be paid into the Treasury
as miscellaneous receipts:
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PUBLIC LAW 115–31—MAY 5, 2017
Provided further, That the Secretary may require that any person
filing a notice of injury or a claim for benefits under 5 U.S.C.
81, or the Longshore and Harbor Workers’ Compensation Act, provide as part of such notice and claim, such identifying information
(including Social Security account number) as such regulations
may prescribe.
SPECIAL BENEFITS FOR DISABLED COAL MINERS
For carrying out title IV of the Federal Mine Safety and Health
Act of 1977, as amended by Public Law 107–275, $61,319,000,
to remain available until expended.
For making after July 31 of the current fiscal year, benefit
payments to individuals under title IV of such Act, for costs incurred
in the current fiscal year, such amounts as may be necessary.
For making benefit payments under title IV for the first quarter
of fiscal year 2018, $16,000,000, to remain available until expended.
ADMINISTRATIVE EXPENSES, ENERGY EMPLOYEES OCCUPATIONAL
ILLNESS COMPENSATION FUND
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $59,846,000, to
remain available until expended: Provided, That the Secretary may
require that any person filing a claim for benefits under the Act
provide as part of such claim such identifying information (including
Social Security account number) as may be prescribed.
BLACK LUNG DISABILITY TRUST FUND
(INCLUDING TRANSFER OF FUNDS)
26 USC 9501
note.
Such sums as may be necessary from the Black Lung Disability
Trust Fund (the ‘‘Fund’’), to remain available until expended, for
payment of all benefits authorized by section 9501(d)(1), (2), (6),
and (7) of the Internal Revenue Code of 1986; and repayment
of, and payment of interest on advances, as authorized by section
9501(d)(4) of that Act. In addition, the following amounts may
be expended from the Fund for fiscal year 2017 for expenses of
operation and administration of the Black Lung Benefits program,
as authorized by section 9501(d)(5): not to exceed $38,246,000 for
transfer to the Office of Workers’ Compensation Programs, ‘‘Salaries
and Expenses’’; not to exceed $31,994,000 for transfer to Departmental Management, ‘‘Salaries and Expenses’’; not to exceed
$330,000 for transfer to Departmental Management, ‘‘Office of
Inspector General’’; and not to exceed $356,000 for payments into
miscellaneous receipts for the expenses of the Department of the
Treasury.
OCCUPATIONAL SAFETY
AND
HEALTH ADMINISTRATION
SALARIES AND EXPENSES
For necessary expenses for the Occupational Safety and Health
Administration, $552,787,000, including not to exceed $100,850,000
which shall be the maximum amount available for grants to States
under section 23(g) of the Occupational Safety and Health Act
(the ‘‘Act’’), which grants shall be no less than 50 percent of the
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131 STAT. 511
costs of State occupational safety and health programs required
to be incurred under plans approved by the Secretary under section
18 of the Act; and, in addition, notwithstanding 31 U.S.C. 3302,
the Occupational Safety and Health Administration may retain
up to $499,000 per fiscal year of training institute course tuition
and fees, otherwise authorized by law to be collected, and may
utilize such sums for occupational safety and health training and
education: Provided, That notwithstanding 31 U.S.C. 3302, the Secretary is authorized, during the fiscal year ending September 30,
2017, to collect and retain fees for services provided to Nationally
Recognized Testing Laboratories, and may utilize such sums, in
accordance with the provisions of 29 U.S.C. 9a, to administer
national and international laboratory recognition programs that
ensure the safety of equipment and products used by workers
in the workplace: Provided further, That none of the funds appropriated under this paragraph shall be obligated or expended to
prescribe, issue, administer, or enforce any standard, rule, regulation, or order under the Act which is applicable to any person
who is engaged in a farming operation which does not maintain
a temporary labor camp and employs 10 or fewer employees: Provided further, That no funds appropriated under this paragraph
shall be obligated or expended to administer or enforce any
standard, rule, regulation, or order under the Act with respect
to any employer of 10 or fewer employees who is included within
a category having a Days Away, Restricted, or Transferred (‘‘DART’’)
occupational injury and illness rate, at the most precise industrial
classification code for which such data are published, less than
the national average rate as such rates are most recently published
by the Secretary, acting through the Bureau of Labor Statistics,
in accordance with section 24 of the Act, except—
(1) to provide, as authorized by the Act, consultation, technical assistance, educational and training services, and to conduct surveys and studies;
(2) to conduct an inspection or investigation in response
to an employee complaint, to issue a citation for violations
found during such inspection, and to assess a penalty for violations which are not corrected within a reasonable abatement
period and for any willful violations found;
(3) to take any action authorized by the Act with respect
to imminent dangers;
(4) to take any action authorized by the Act with respect
to health hazards;
(5) to take any action authorized by the Act with respect
to a report of an employment accident which is fatal to one
or more employees or which results in hospitalization of two
or more employees, and to take any action pursuant to such
investigation authorized by the Act; and
(6) to take any action authorized by the Act with respect
to complaints of discrimination against employees for exercising
rights under the Act:
Provided further, That the foregoing proviso shall not apply to
any person who is engaged in a farming operation which does
not maintain a temporary labor camp and employs 10 or fewer
employees: Provided further, That $10,537,000 shall be available
for Susan Harwood training grants: Provided further, That not
less than $3,500,000 shall be for Voluntary Protection Programs.
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Time period.
Fees.
PUBL031
131 STAT. 512
PUBLIC LAW 115–31—MAY 5, 2017
MINE SAFETY
AND
HEALTH ADMINISTRATION
SALARIES AND EXPENSES
Fees.
30 USC 966 note.
30 USC 962.
For necessary expenses for the Mine Safety and Health
Administration, $373,816,000, including purchase and bestowal of
certificates and trophies in connection with mine rescue and firstaid work, and the hire of passenger motor vehicles, including up
to $2,000,000 for mine rescue and recovery activities and not less
than $10,537,000 for State assistance grants: Provided, That
amounts available for State assistance grants may be used for
the purchase and maintenance of new equipment required by the
final rule entitled ‘‘Lowering Miners’ Exposure to Respirable Coal
Mine Dust, Including Continuous Personal Dust Monitors’’ published by the Department of Labor in the Federal Register on
May 1, 2014 (79 Fed. Reg. 24813 et seq.), for operators that demonstrate financial need as determined by the Secretary: Provided
further, That notwithstanding 31 U.S.C. 3302, not to exceed
$750,000 may be collected by the National Mine Health and Safety
Academy for room, board, tuition, and the sale of training materials,
otherwise authorized by law to be collected, to be available for
mine safety and health education and training activities: Provided
further, That notwithstanding 31 U.S.C. 3302, the Mine Safety
and Health Administration is authorized to collect and retain up
to $2,499,000 from fees collected for the approval and certification
of equipment, materials, and explosives for use in mines, and may
utilize such sums for such activities: Provided further, That the
Secretary is authorized to accept lands, buildings, equipment, and
other contributions from public and private sources and to prosecute
projects in cooperation with other agencies, Federal, State, or private: Provided further, That the Mine Safety and Health Administration is authorized to promote health and safety education and
training in the mining community through cooperative programs
with States, industry, and safety associations: Provided further,
That the Secretary is authorized to recognize the Joseph A. Holmes
Safety Association as a principal safety association and, notwithstanding any other provision of law, may provide funds and, with
or without reimbursement, personnel, including service of Mine
Safety and Health Administration officials as officers in local chapters or in the national organization: Provided further, That any
funds available to the Department of Labor may be used, with
the approval of the Secretary, to provide for the costs of mine
rescue and survival operations in the event of a major disaster.
BUREAU
OF
LABOR STATISTICS
SALARIES AND EXPENSES
For necessary expenses for the Bureau of Labor Statistics,
including advances or reimbursements to State, Federal, and local
agencies and their employees for services rendered, $544,000,000,
together with not to exceed $65,000,000 which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund.
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OFFICE
OF
131 STAT. 513
DISABILITY EMPLOYMENT POLICY
SALARIES AND EXPENSES
For necessary expenses for the Office of Disability Employment
Policy to provide leadership, develop policy and initiatives, and
award grants furthering the objective of eliminating barriers to
the training and employment of people with disabilities,
$38,203,000.
DEPARTMENTAL MANAGEMENT
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for Departmental Management,
including the hire of three passenger motor vehicles, $334,536,000,
together with not to exceed $308,000, which may be expended
from the Employment Security Administration account in the
Unemployment Trust Fund: Provided, That $59,825,000 for the
Bureau of International Labor Affairs shall be available for obligation through December 31, 2017: Provided further, That funds available to the Bureau of International Labor Affairs may be used
to administer or operate international labor activities, bilateral
and multilateral technical assistance, and microfinance programs,
by or through contracts, grants, subgrants and other arrangements:
Provided further, That not more than $53,825,000 shall be for
programs to combat exploitative child labor internationally and
not less than $6,000,000 shall be used to implement model programs
that address worker rights issues through technical assistance in
countries with which the United States has free trade agreements
or trade preference programs: Provided further, That $8,040,000
shall be used for program evaluation and shall be available for
obligation through September 30, 2018: Provided further, That
funds available for program evaluation may be used to administer
grants for the purpose of evaluation: Provided further, That grants
made for the purpose of evaluation shall be awarded through fair
and open competition: Provided further, That funds available for
program evaluation may be transferred to any other appropriate
account in the Department for such purpose: Provided further,
That the Committees on Appropriations of the House of Representatives and the Senate are notified at least 15 days in advance
of any transfer: Provided further, That the funds available to the
Women’s Bureau may be used for grants to serve and promote
the interests of women in the workforce: Provided further, That
of the amounts made available to the Women’s Bureau, $994,000
shall be used for grants authorized by the Women in Apprenticeship
and Nontraditional Occupations Act.
Notification.
Time period.
VETERANS EMPLOYMENT AND TRAINING
Not to exceed $234,041,000 may be derived from the Employment Security Administration account in the Unemployment Trust
Fund to carry out the provisions of chapters 41, 42, and 43 of
title 38, United States Code, of which:
(1) $175,000,000 is for Jobs for Veterans State grants under
38 U.S.C. 4102A(b)(5) to support disabled veterans’ outreach
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131 STAT. 514
PUBLIC LAW 115–31—MAY 5, 2017
program specialists under section 4103A of such title and local
veterans’ employment representatives under section 4104(b)
of such title, and for the expenses described in section
4102A(b)(5)(C), which shall be available for obligation by the
States through December 31, 2017, and not to exceed 3 percent
for the necessary Federal expenditures for data systems and
contract support to allow for the tracking of participant and
performance information: Provided, That, in addition, such
funds may be used to support such specialists and representatives in the provision of services to transitioning members
of the Armed Forces who have participated in the Transition
Assistance Program and have been identified as in need of
intensive services, to members of the Armed Forces who are
wounded, ill, or injured and receiving treatment in military
treatment facilities or warrior transition units, and to the
spouses or other family caregivers of such wounded, ill, or
injured members;
(2) $14,600,000 is for carrying out the Transition Assistance
Program under 38 U.S.C. 4113 and 10 U.S.C. 1144: Provided,
That, up to $300,000 of such funds may be used to enter
into a cooperative agreement with a State relating to a mobile
application to provide transition assistance to separating service
members, veterans and eligible spouses;
(3) $41,027,000 is for Federal administration of chapters
41, 42, and 43 of title 38, United States Code; and
(4) $3,414,000 is for the National Veterans’ Employment
and Training Services Institute under 38 U.S.C. 4109:
Provided, That the Secretary may reallocate among the appropriations provided under paragraphs (1) through (4) above an amount
not to exceed 3 percent of the appropriation from which such reallocation is made.
In addition, from the General Fund of the Treasury,
$45,000,000 is for carrying out programs to assist homeless veterans
and veterans at risk of homelessness who are transitioning from
certain institutions under sections 2021, 2021A, and 2023 of title
38, United States Code: Provided, That notwithstanding subsections
(c)(3) and (d) of section 2023, the Secretary may award grants
through September 30, 2017, to provide services under such section:
Provided further, That services provided under section 2023 may
include, in addition to services to the individuals described in subsection (e) of such section, services to veterans recently released
from incarceration who are at risk of homelessness.
IT MODERNIZATION
For necessary expenses for Department of Labor centralized
infrastructure technology investment activities related to support
systems and modernization, $18,778,000, which shall be available
through September 30, 2018.
OFFICE OF INSPECTOR GENERAL
For salaries and expenses of the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $82,061,000, together with not to exceed $5,660,000 which
may be expended from the Employment Security Administration
account in the Unemployment Trust Fund.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 515
GENERAL PROVISIONS
SEC. 101. None of the funds appropriated by this Act for the
Job Corps shall be used to pay the salary and bonuses of an
individual, either as direct costs or any proration as an indirect
cost, at a rate in excess of Executive Level II.
(TRANSFER OF FUNDS)
SEC. 102. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for the Department of Labor in this Act may be transferred between
a program, project, or activity, but no such program, project, or
activity shall be increased by more than 3 percent by any such
transfer: Provided, That the transfer authority granted by this
section shall not be used to create any new program or to fund
any project or activity for which no funds are provided in this
Act: Provided further, That the Committees on Appropriations of
the House of Representatives and the Senate are notified at least
15 days in advance of any transfer.
SEC. 103. In accordance with Executive Order 13126, none
of the funds appropriated or otherwise made available pursuant
to this Act shall be obligated or expended for the procurement
of goods mined, produced, manufactured, or harvested or services
rendered, in whole or in part, by forced or indentured child labor
in industries and host countries already identified by the United
States Department of Labor prior to enactment of this Act.
Notification.
Time period.
Child labor.
(INCLUDING RESCISSION)
SEC. 104. Except as otherwise provided in this section, none
of the funds made available to the Department of Labor for grants
under section 414(c) of the American Competitiveness and
Workforce Improvement Act of 1998 (29 U.S.C. 2916a) may be
used for any purpose other than competitive grants for training
individuals who are older than 16 years of age and are not currently
enrolled in school within a local educational agency in the occupations and industries for which employers are using H–1B visas
to hire foreign workers, and the related activities necessary to
support such training: Provided, That of such funds available before
September 30, 2017 up to $20,000,000 shall be available for obligation through September 30, 2018 by the Employment and Training
Administration of the Department of Labor to process foreign labor
certifications, including wage determinations and associated tasks
and grants to States, submitted by employers to employ nonimmigrants described in section 101(a)(15)(H)(ii) of the Immigration
and Nationality Act, to the extent necessary to eliminate backlogs
and delays: Provided further, That of the unobligated funds available under section 286(s)(2) of the Immigration and Nationality
Act (8 U.S.C. 1356(s)(2)), $46,000,000 are permanently rescinded.
SEC. 105. None of the funds made available by this Act under
the heading ‘‘Employment and Training Administration’’ shall be
used by a recipient or subrecipient of such funds to pay the salary
and bonuses of an individual, either as direct costs or indirect
costs, at a rate in excess of Executive Level II. This limitation
shall not apply to vendors providing goods and services as defined
in Office of Management and Budget Circular A–133. Where States
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PUBL031
131 STAT. 516
PUBLIC LAW 115–31—MAY 5, 2017
are recipients of such funds, States may establish a lower limit
for salaries and bonuses of those receiving salaries and bonuses
from subrecipients of such funds, taking into account factors
including the relative cost-of-living in the State, the compensation
levels for comparable State or local government employees, and
the size of the organizations that administer Federal programs
involved including Employment and Training Administration programs.
(TRANSFER OF FUNDS)
SEC. 106. (a) Notwithstanding section 102, the Secretary may
transfer funds made available to the Employment and Training
Administration by this Act, either directly or through a set-aside,
for technical assistance services to grantees to ‘‘Program Administration’’ when it is determined that those services will be more
efficiently performed by Federal employees: Provided, That this
section shall not apply to section 171 of the WIOA.
(b) Notwithstanding section 102, the Secretary may transfer
not more than 0.5 percent of each discretionary appropriation made
available to the Employment and Training Administration by this
Act to ‘‘Program Administration’’ in order to carry out program
integrity activities relating to any of the programs or activities
that are funded under any such discretionary appropriations: Provided, That funds transferred from under paragraphs (1) and (2)
of the ‘‘Office of Job Corps’’ account shall be available under paragraph (3) of such account in order to carry out program integrity
activities relating to the Job Corps program: Provided further, That
funds transferred under this subsection shall be available for obligation through September 30, 2018.
(TRANSFER OF FUNDS)
Evaluations.
Plans.
Time period.
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SEC. 107. (a) The Secretary may reserve not more than 0.75
percent from each appropriation made available in this Act identified in subsection (b) in order to carry out evaluations of any
of the programs or activities that are funded under such accounts.
Any funds reserved under this section shall be transferred to
‘‘Departmental Management’’ for use by the Office of the Chief
Evaluation Officer within the Department of Labor, and shall be
available for obligation through September 30, 2018: Provided, That
such funds shall only be available if the Chief Evaluation Officer
of the Department of Labor submits a plan to the Committees
on Appropriations of the House of Representatives and the Senate
describing the evaluations to be carried out 15 days in advance
of any transfer.
(b) The accounts referred to in subsection (a) are: ‘‘Training
and Employment Services’’, ‘‘Job Corps’’, ‘‘Community Service
Employment for Older Americans’’, ‘‘State Unemployment Insurance
and Employment Service Operations’’, ‘‘Employee Benefits Security
Administration’’, ‘‘Office of Workers’ Compensation Programs’’,
‘‘Wage and Hour Division’’, ‘‘Office of Federal Contract Compliance
Programs’’, ‘‘Office of Labor Management Standards’’, ‘‘Occupational
Safety and Health Administration’’, ‘‘Mine Safety and Health
Administration’’, ‘‘Office of Disability Employment Policy’’, funding
made available to the ‘‘Bureau of International Labor Affairs’’ and
‘‘Women’s Bureau’’ within the ‘‘Departmental Management, Salaries
and Expenses’’ account, and ‘‘Veterans Employment and Training’’.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 517
SEC. 108. Notwithstanding any other provision of law, beginning October 1, 2016, the Secretary of Labor, in consultation with
the Secretary of Agriculture may select an entity to operate a
Civilian Conservation Center on a competitive basis in accordance
with section 147 of the WIOA, if the Secretary of Labor determines
such Center has had consistently low performance under the
performance accountability system in effect for the Job Corps program prior to July 1, 2016, or with respect to expected levels
of performance established under section 159(c) of such Act beginning July 1, 2016.
SEC. 109. (a) Section 7 of the Fair Labor Standards Act of
1938 (29 U.S.C. 207) shall be applied as if the following text
is part of such section:
‘‘(s)(1) The provisions of this section shall not apply for a
period of 2 years after the occurrence of a major disaster to any
employee—
‘‘(A) employed to adjust or evaluate claims resulting from
or relating to such major disaster, by an employer not engaged,
directly or through an affiliate, in underwriting, selling, or
marketing property, casualty, or liability insurance policies or
contracts;
‘‘(B) who receives from such employer on average weekly
compensation of not less than $591.00 per week or any minimum weekly amount established by the Secretary, whichever
is greater, for the number of weeks such employee is engaged
in any of the activities described in subparagraph (C); and
‘‘(C) whose duties include any of the following:
‘‘(i) interviewing insured individuals, individuals who
suffered injuries or other damages or losses arising from
or relating to a disaster, witnesses, or physicians;
‘‘(ii) inspecting property damage or reviewing factual
information to prepare damage estimates;
‘‘(iii) evaluating and making recommendations
regarding coverage or compensability of claims or determining liability or value aspects of claims;
‘‘(iv) negotiating settlements; or
‘‘(v) making recommendations regarding litigation.
‘‘(2) The exemption in this subsection shall not affect the exemption provided by section 13(a)(1).
‘‘(3) For purposes of this subsection—
‘‘(A) the term ‘major disaster’ means any disaster or catastrophe declared or designated by any State or Federal agency
or department;
‘‘(B) the term ‘employee employed to adjust or evaluate
claims resulting from or relating to such major disaster’ means
an individual who timely secured or secures a license required
by applicable law to engage in and perform the activities
described in clauses (i) through (v) of paragraph (1)(C) relating
to a major disaster, and is employed by an employer that
maintains worker compensation insurance coverage or protection for its employees, if required by applicable law, and withholds applicable Federal, State, and local income and payroll
taxes from the wages, salaries and any benefits of such
employees; and
‘‘(C) the term ‘affiliate’ means a company that, by reason
of ownership or control of 25 percent or more of the outstanding
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Effective dates.
Consultation.
Determination.
Time period.
Applicability.
Time period.
Definitions.
PUBL031
131 STAT. 518
Effective date.
PUBLIC LAW 115–31—MAY 5, 2017
shares of any class of voting securities of one or more companies, directly or indirectly, controls, is controlled by, or is under
common control with, another company.’’.
(b) This section shall be effective on the date of enactment
of this Act.
(RESCISSION)
Time period.
Time periods.
Assessment.
Public
information.
Determinations.
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SEC. 110. Of the funds made available under the heading
‘‘Employment and Training Administration–Training and Employment Services’’ in division H of Public Law 114–113, $75,000,000
is rescinded, to be derived from the amount made available in
paragraph (2)(A) under such heading for the period October 1,
2016, through September 30, 2017.
SEC. 111. (a) FLEXIBILITY WITH RESPECT TO THE CROSSING
OF H–2B NONIMMIGRANTS WORKING IN THE SEAFOOD INDUSTRY.—
(1) IN GENERAL.—Subject to paragraph (2), if a petition
for H–2B nonimmigrants filed by an employer in the seafood
industry is granted, the employer may bring the nonimmigrants
described in the petition into the United States at any time
during the 120-day period beginning on the start date for
which the employer is seeking the services of the nonimmigrants without filing another petition.
(2) REQUIREMENTS FOR CROSSINGS AFTER 90TH DAY.—An
employer in the seafood industry may not bring H–2B nonimmigrants into the United States after the date that is 90
days after the start date for which the employer is seeking
the services of the nonimmigrants unless the employer—
(A) completes a new assessment of the local labor
market by—
(i) listing job orders in local newspapers on 2 separate Sundays; and
(ii) posting the job opportunity on the appropriate
Department of Labor Electronic Job Registry and at
the employer’s place of employment; and
(B) offers the job to an equally or better qualified
United States worker who—
(i) applies for the job; and
(ii) will be available at the time and place of need.
(3) EXEMPTION FROM RULES WITH RESPECT TO STAGGERING.—The Secretary of Labor shall not consider an employer
in the seafood industry who brings H–2B nonimmigrants into
the United States during the 120-day period specified in paragraph (1) to be staggering the date of need in violation of
section 655.20(d) of title 20, Code of Federal Regulations, or
any other applicable provision of law.
(b) H–2B NONIMMIGRANTS DEFINED.—In this section, the term
‘‘H–2B nonimmigrants’’ means aliens admitted to the United States
pursuant to section 101(a)(15)(H)(ii)(B) of the Immigration and
Nationality Act (8 U.S.C. 1101(a)(15)(H)(ii)(B)).
SEC. 112. The determination of prevailing wage for the purposes
of the H–2B program shall be the greater of—(1) the actual wage
level paid by the employer to other employees with similar experience and qualifications for such position in the same location;
or (2) the prevailing wage level for the occupational classification
of the position in the geographic area in which the H–2B nonimmigrant will be employed, based on the best information available
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 519
at the time of filing the petition. In the determination of prevailing
wage for the purposes of the H–2B program, the Secretary shall
accept private wage surveys even in instances where Occupational
Employment Statistics survey data are available unless the Secretary determines that the methodology and data in the provided
survey are not statistically supported.
SEC. 113. None of the funds in this Act shall be used to
enforce the definition of corresponding employment found in 20
CFR 655.5 or the three-fourths guarantee rule definition found
in 20 CFR 655.20, or any references thereto. Further, for the
purpose of regulating admission of temporary workers under the
H–2B program, the definition of temporary need shall be that
provided in 8 CFR 214.2(h)(6)(ii)(B).
This title may be cited as the ‘‘Department of Labor Appropriations Act, 2017’’.
TITLE II
Department of
Health and
Human Services
Appropriations
Act, 2017.
DEPARTMENT OF HEALTH AND HUMAN SERVICES
HEALTH RESOURCES
AND
SERVICES ADMINISTRATION
PRIMARY HEALTH CARE
For carrying out titles II and III of the Public Health Service
Act (referred to in this Act as the ‘‘PHS Act’’) with respect to
primary health care and the Native Hawaiian Health Care Act
of 1988, $1,491,522,000: Provided, That no more than $1,000,000
shall be available until expended for carrying out the provisions
of section 224(o) of the PHS Act: Provided further, That no more
than $99,893,000 shall be available until expended for carrying
out the provisions of sections 224(g)–(n) and (q) of the PHS Act,
and for expenses incurred by the Department of Health and Human
Services (referred to in this Act as ‘‘HHS’’) pertaining to administrative claims made under such law: Provided further, That of funds
provided for the Health Centers program, as defined by section
330 of the PHS Act, by this Act or any other Act for fiscal year
2017, not less than $100,000,000 shall be obligated in fiscal year
2017 to support grants to expand medical services, behavioral
health, oral health, pharmacy, or vision services.
HEALTH WORKFORCE
For carrying out titles III, VII, and VIII of the PHS Act with
respect to the health workforce, sections 1128E and 1921 of the
Social Security Act, and the Health Care Quality Improvement
Act of 1986, $838,695,000: Provided, That sections 747(c)(2),
751(j)(2), 762(k), and the proportional funding amounts in paragraphs (1) through (4) of section 756(f) of the PHS Act shall not
apply to funds made available under this heading: Provided further,
That for any program operating under section 751 of the PHS
Act on or before January 1, 2009, the Secretary of Health and
Human Services (referred to in this title as the ‘‘Secretary’’) may
hereafter waive any of the requirements contained in sections
751(d)(2)(A) and 751(d)(2)(B) of such Act for the full project period
of a grant under such section: Provided further, That no funds
shall be available for section 340G–1 of the PHS Act: Provided
further, That fees collected for the disclosure of information under
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42 USC 294a
note.
PUBL031
131 STAT. 520
PUBLIC LAW 115–31—MAY 5, 2017
section 427(b) of the Health Care Quality Improvement Act of
1986 and sections 1128E(d)(2) and 1921 of the Social Security
Act shall be sufficient to recover the full costs of operating the
programs authorized by such sections and shall remain available
until expended for the National Practitioner Data Bank: Provided
further, That funds transferred to this account to carry out section
846 and subpart 3 of part D of title III of the PHS Act may
be used to make prior year adjustments to awards made under
such sections.
MATERNAL AND CHILD HEALTH
For carrying out titles III, XI, XII, and XIX of the PHS Act
with respect to maternal and child health, title V of the Social
Security Act, and section 712 of the American Jobs Creation Act
of 2004, $848,617,000: Provided, That notwithstanding sections
502(a)(1) and 502(b)(1) of the Social Security Act, not more than
$80,593,000 shall be available for carrying out special projects
of regional and national significance pursuant to section 501(a)(2)
of such Act and $10,276,000 shall be available for projects described
in subparagraphs (A) through (F) of section 501(a)(3) of such Act.
RYAN WHITE HIV/AIDS PROGRAM
For carrying out title XXVI of the PHS Act with respect to
the Ryan White HIV/AIDS program, $2,318,781,000, of which
$1,970,881,000 shall remain available to the Secretary through
September 30, 2019, for parts A and B of title XXVI of the PHS
Act, and of which not less than $900,313,000 shall be for State
AIDS Drug Assistance Programs under the authority of section
2616 or 311(c) of such Act.
HEALTH CARE SYSTEMS
For carrying out titles III and XII of the PHS Act with respect
to health care systems, and the Stem Cell Therapeutic and Research
Act of 2005, $104,193,000, of which $122,000 shall be available
until expended for facilities renovations at the Gillis W. Long
Hansen’s Disease Center.
RURAL HEALTH
For carrying out titles III and IV of the PHS Act with respect
to rural health, section 427(a) of the Federal Coal Mine Health
and Safety Act of 1969, and sections 711 and 1820 of the Social
Security Act, $156,060,000, of which $43,609,000 from general revenues, notwithstanding section 1820(j) of the Social Security Act,
shall be available for carrying out the Medicare rural hospital
flexibility grants program: Provided, That of the funds made available under this heading for Medicare rural hospital flexibility
grants, $14,942,000 shall be available for the Small Rural Hospital
Improvement Grant Program for quality improvement and adoption
of health information technology and up to $1,000,000 shall be
to carry out section 1820(g)(6) of the Social Security Act, with
funds provided for grants under section 1820(g)(6) available for
the purchase and implementation of telehealth services, including
pilots and demonstrations on the use of electronic health records
to coordinate rural veterans care between rural providers and the
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 521
Department of Veterans Affairs electronic health record system:
Provided further, That notwithstanding section 338J(k) of the PHS
Act, $10,000,000 shall be available for State Offices of Rural Health.
FAMILY PLANNING
For carrying out the program under title X of the PHS Act
to provide for voluntary family planning projects, $286,479,000:
Provided, That amounts provided to said projects under such title
shall not be expended for abortions, that all pregnancy counseling
shall be nondirective, and that such amounts shall not be expended
for any activity (including the publication or distribution of literature) that in any way tends to promote public support or opposition to any legislative proposal or candidate for public office.
Abortion.
PROGRAM MANAGEMENT
For program support in the Health Resources and Services
Administration, $154,000,000: Provided, That funds made available
under this heading may be used to supplement program support
funding provided under the headings ‘‘Primary Health Care’’,
‘‘Health Workforce’’, ‘‘Maternal and Child Health’’, ‘‘Ryan White
HIV/AIDS Program’’, ‘‘Health Care Systems’’, and ‘‘Rural Health’’.
VACCINE INJURY COMPENSATION PROGRAM TRUST FUND
For payments from the Vaccine Injury Compensation Program
Trust Fund (the ‘‘Trust Fund’’), such sums as may be necessary
for claims associated with vaccine-related injury or death with
respect to vaccines administered after September 30, 1988, pursuant
to subtitle 2 of title XXI of the PHS Act, to remain available
until expended: Provided, That for necessary administrative
expenses, not to exceed $7,750,000 shall be available from the
Trust Fund to the Secretary.
CENTERS
FOR
DISEASE CONTROL
AND
PREVENTION
IMMUNIZATION AND RESPIRATORY DISEASES
For carrying out titles II, III, XVII, and XXI, and section
2821 of the PHS Act, titles II and IV of the Immigration and
Nationality Act, and section 501 of the Refugee Education Assistance Act, with respect to immunization and respiratory diseases,
$455,000,000.
HIV/AIDS, VIRAL HEPATITIS, SEXUALLY TRANSMITTED DISEASES, AND
TUBERCULOSIS PREVENTION
For carrying out titles II, III, XVII, and XXIII of the PHS
Act with respect to HIV/AIDS, viral hepatitis, sexually transmitted
diseases, and tuberculosis prevention, $1,117,278,000.
EMERGING AND ZOONOTIC INFECTIOUS DISEASES
For carrying out titles II, III, and XVII, and section 2821
of the PHS Act, titles II and IV of the Immigration and Nationality
Act, and section 501 of the Refugee Education Assistance Act,
with respect to emerging and zoonotic infectious diseases,
$532,922,000.
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PUBL031
131 STAT. 522
PUBLIC LAW 115–31—MAY 5, 2017
CHRONIC DISEASE PREVENTION AND HEALTH PROMOTION
Grants.
For carrying out titles II, III, XI, XV, XVII, and XIX of the
PHS Act with respect to chronic disease prevention and health
promotion, $777,646,000: Provided, That funds appropriated under
this account may be available for making grants under section
1509 of the PHS Act for not less than 21 States, tribes, or tribal
organizations: Provided further, That of the funds available under
this heading, $10,000,000 shall be available to continue and expand
community specific extension and outreach programs to combat
obesity in counties with the highest levels of obesity: Provided
further, That the proportional funding requirements under section
1503(a) of the PHS Act shall not apply to funds made available
under this heading.
BIRTH DEFECTS, DEVELOPMENTAL DISABILITIES, DISABILITIES AND
HEALTH
For carrying out titles II, III, XI, and XVII of the PHS Act
with respect to birth defects, developmental disabilities, disabilities
and health, $137,560,000.
PUBLIC HEALTH SCIENTIFIC SERVICES
For carrying out titles II, III, and XVII of the PHS Act with
respect to health statistics, surveillance, health informatics, and
workforce development, $489,397,000.
ENVIRONMENTAL HEALTH
For carrying out titles II, III, and XVII of the PHS Act with
respect to environmental health, $163,750,000.
INJURY PREVENTION AND CONTROL
For carrying out titles II, III, and XVII of the PHS Act with
respect to injury prevention and control, $286,059,000: Provided,
That of the funds provided under this heading, $112,000,000 shall
be available for an evidence-based opioid drug overdose prevention
program.
NATIONAL INSTITUTE FOR OCCUPATIONAL SAFETY AND HEALTH
For carrying out titles II, III, and XVII of the PHS Act, sections
101, 102, 103, 201, 202, 203, 301, and 501 of the Federal Mine
Safety and Health Act, section 13 of the Mine Improvement and
New Emergency Response Act, and sections 20, 21, and 22 of
the Occupational Safety and Health Act, with respect to occupational safety and health, $335,200,000.
ENERGY EMPLOYEES OCCUPATIONAL ILLNESS COMPENSATION
PROGRAM
For necessary expenses to administer the Energy Employees
Occupational Illness Compensation Program Act, $55,358,000, to
remain available until expended: Provided, That this amount shall
be available consistent with the provision regarding administrative
expenses in section 151(b) of division B, title I of Public Law
106–554.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 523
GLOBAL HEALTH
For carrying out titles II, III, and XVII of the PHS Act with
respect to global health, $435,121,000, of which $128,421,000 for
international HIV/AIDS shall remain available through September
30, 2018: Provided, That funds may be used for purchase and
insurance of official motor vehicles in foreign countries.
PUBLIC HEALTH PREPAREDNESS AND RESPONSE
For carrying out titles II, III, and XVII of the PHS Act with
respect to public health preparedness and response, and for
expenses necessary to support activities related to countering potential biological, nuclear, radiological, and chemical threats to civilian
populations, $1,405,000,000, of which $575,000,000 shall remain
available until expended for the Strategic National Stockpile: Provided, That in the event the Director of the Centers for Disease
Control and Prevention (referred to in this title as ‘‘CDC’’) activates
the Emergency Operations Center, the Director of the CDC may
detail CDC staff without reimbursement for up to 90 days to support
the work of the CDC Emergency Operations Center, so long as
the Director provides a notice to the Committees on Appropriations
of the House of Representatives and the Senate within 15 days
of the use of this authority and a full report within 30 days after
use of this authority which includes the number of staff and funding
level broken down by the originating center and number of days
detailed: Provided further, That funds appropriated under this
heading may be used to support a contract for the operation and
maintenance of an aircraft in direct support of activities throughout
CDC to ensure the agency is prepared to address public health
preparedness emergencies.
Detail authority.
Time period.
Notification.
Deadlines.
Reports.
BUILDINGS AND FACILITIES
(INCLUDING TRANSFER OF FUNDS)
For acquisition of real property, equipment, construction, demolition, and renovation of facilities, $10,000,000, which shall remain
available until September 30, 2021: Provided, That funds previously
set-aside by CDC for repair and upgrade of the Lake Lynn Experimental Mine and Laboratory shall be used to acquire a replacement
mine safety research facility: Provided further, That in addition,
the prior year unobligated balance of any amounts assigned to
former employees in accounts of CDC made available for Individual
Learning Accounts shall be credited to and merged with the
amounts made available under this heading to support the replacement of the mine safety research facility.
CDC-WIDE ACTIVITIES AND PROGRAM SUPPORT
For carrying out titles II, III, XVII and XIX, and section 2821
of the PHS Act and for cross-cutting activities and program support
for activities funded in other appropriations included in this Act
for the Centers for Disease Control and Prevention, $113,570,000:
Provided, That paragraphs (1) through (3) of subsection (b) of section
2821 of the PHS Act shall not apply to funds appropriated under
this heading and in all other accounts of the CDC: Provided further,
That employees of CDC or the Public Health Service, both civilian
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131 STAT. 524
PUBLIC LAW 115–31—MAY 5, 2017
and commissioned officers, detailed to States, municipalities, or
other organizations under authority of section 214 of the PHS
Act, or in overseas assignments, shall be treated as non-Federal
employees for reporting purposes only and shall not be included
within any personnel ceiling applicable to the Agency, Service,
or HHS during the period of detail or assignment: Provided further,
That CDC may use up to $10,000 from amounts appropriated
to CDC in this Act for official reception and representation expenses
when specifically approved by the Director of CDC: Provided further,
That in addition, such sums as may be derived from authorized
user fees, which shall be credited to the appropriation charged
with the cost thereof: Provided further, That with respect to the
previous proviso, authorized user fees from the Vessel Sanitation
Program and the Respirator Certification Program shall be available
through September 30, 2018.
NATIONAL INSTITUTES
OF
HEALTH
NATIONAL CANCER INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to cancer, $5,389,329,000, of which up to $50,000,000
may be used for facilities repairs and improvements at the National
Cancer Institute—Frederick Federally Funded Research and
Development Center in Frederick, Maryland: Provided, That of
the $5,689,329,000 provided for in direct obligations under this
heading, $5,389,329,000 is appropriated from the general fund and
$300,000,000 was previously appropriated for fiscal year 2017 by
section 194 of the Continuing Appropriations Act, 2017 (division
C of Public Law 114–223), as amended by the Further Continuing
and Security Assistance Appropriations Act, 2017 (Public Law 114–
254) to support cancer research pursuant to section 1001 of the
21st Century Cures Act.
NATIONAL HEART, LUNG, AND BLOOD INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to cardiovascular, lung, and blood diseases, and blood
and blood products, $3,206,589,000.
NATIONAL INSTITUTE OF DENTAL AND CRANIOFACIAL RESEARCH
For carrying out section 301 and title IV of the PHS Act
with respect to dental and craniofacial diseases, $425,751,000.
NATIONAL INSTITUTE OF DIABETES AND DIGESTIVE AND KIDNEY
DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to diabetes and digestive and kidney disease,
$1,870,595,000.
NATIONAL INSTITUTE OF NEUROLOGICAL DISORDERS AND STROKE
For carrying out section 301 and title IV of the PHS Act
with respect to neurological disorders and stroke, $1,783,654,000.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 525
NATIONAL INSTITUTE OF ALLERGY AND INFECTIOUS DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to allergy and infectious diseases, $4,906,638,000.
NATIONAL INSTITUTE OF GENERAL MEDICAL SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to general medical sciences, $2,650,838,000, of which
$824,443,000 shall be from funds available under section 241 of
the PHS Act: Provided, That not less than $333,361,000 is provided
for the Institutional Development Awards program.
EUNICE KENNEDY SHRIVER NATIONAL INSTITUTE OF CHILD HEALTH
AND HUMAN DEVELOPMENT
For carrying out section 301 and title IV of the PHS Act
with respect to child health and human development,
$1,380,295,000.
NATIONAL EYE INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to eye diseases and visual disorders, $732,618,000.
NATIONAL INSTITUTE OF ENVIRONMENTAL HEALTH SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to environmental health sciences, $714,261,000.
NATIONAL INSTITUTE ON AGING
For carrying out section 301 and title IV of the PHS Act
with respect to aging, $2,048,610,000.
NATIONAL INSTITUTE OF ARTHRITIS AND MUSCULOSKELETAL AND SKIN
DISEASES
For carrying out section 301 and title IV of the PHS Act
with respect to arthritis and musculoskeletal and skin diseases,
$557,851,000.
NATIONAL INSTITUTE ON DEAFNESS AND OTHER COMMUNICATION
DISORDERS
For carrying out section 301 and title IV of the PHS Act
with respect to deafness and other communication disorders,
$436,875,000.
NATIONAL INSTITUTE OF NURSING RESEARCH
For carrying out section 301 and title IV of the PHS Act
with respect to nursing research, $150,273,000.
NATIONAL INSTITUTE ON ALCOHOL ABUSE AND ALCOHOLISM
For carrying out section 301 and title IV of the PHS Act
with respect to alcohol abuse and alcoholism, $483,363,000.
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131 STAT. 526
PUBLIC LAW 115–31—MAY 5, 2017
NATIONAL INSTITUTE ON DRUG ABUSE
For carrying out section 301 and title IV of the PHS Act
with respect to drug abuse, $1,090,853,000.
NATIONAL INSTITUTE OF MENTAL HEALTH
For carrying out section 301 and title IV of the PHS Act
with respect to mental health, $1,601,931,000.
NATIONAL HUMAN GENOME RESEARCH INSTITUTE
For carrying out section 301 and title IV of the PHS Act
with respect to human genome research, $528,566,000.
NATIONAL INSTITUTE OF BIOMEDICAL IMAGING AND BIOENGINEERING
For carrying out section 301 and title IV of the PHS Act
with respect to biomedical imaging and bioengineering research,
$357,080,000.
NATIONAL CENTER FOR COMPLEMENTARY AND INTEGRATIVE HEALTH
For carrying out section 301 and title IV of the PHS Act
with respect to complementary and integrative health,
$134,689,000.
NATIONAL INSTITUTE ON MINORITY HEALTH AND HEALTH DISPARITIES
For carrying out section 301 and title IV of the PHS Act
with respect to minority health and health disparities research,
$289,069,000.
JOHN E. FOGARTY INTERNATIONAL CENTER
For carrying out the activities of the John E. Fogarty International Center (described in subpart 2 of part E of title IV of
the PHS Act), $72,213,000.
NATIONAL LIBRARY OF MEDICINE
For carrying out section 301 and title IV of the PHS Act
with respect to health information communications, $407,510,000:
Provided, That of the amounts available for improvement of
information systems, $4,000,000 shall be available until September
30, 2018: Provided further, That in fiscal year 2017, the National
Library of Medicine may enter into personal services contracts
for the provision of services in facilities owned, operated, or constructed under the jurisdiction of the National Institutes of Health
(referred to in this title as ‘‘NIH’’).
NATIONAL CENTER FOR ADVANCING TRANSLATIONAL SCIENCES
For carrying out section 301 and title IV of the PHS Act
with respect to translational sciences, $705,903,000: Provided, That
up to $25,835,000 shall be available to implement section 480
of the PHS Act, relating to the Cures Acceleration Network: Provided further, That at least $516,120,000 is provided to the Clinical
and Translational Sciences Awards program.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 527
OFFICE OF THE DIRECTOR
For carrying out the responsibilities of the Office of the Director,
NIH, $1,665,183,000 (in addition to the $52,000,000 in the NIH
Innovation Fund previously appropriated for fiscal year 2017 pursuant to section 1001 of the 21st Century Cures Act, 2017 (division
C of Public Law 114–254)): Provided, That funding shall be available
for the purchase of not to exceed 29 passenger motor vehicles
for replacement only: Provided further, That all funds credited
to the NIH Management Fund shall remain available for one fiscal
year after the fiscal year in which they are deposited: Provided
further, That $165,000,000 shall be for the National Children’s
Study Follow-on: Provided further, That $682,856,000 shall be available for the Common Fund established under section 402A(c)(1)
of the PHS Act: Provided further, That of the funds provided,
$10,000 shall be for official reception and representation expenses
when specifically approved by the Director of the NIH: Provided
further, That the Office of AIDS Research within the Office of
the Director of the NIH may spend up to $8,000,000 to make
grants for construction or renovation of facilities as provided for
in section 2354(a)(5)(B) of the PHS Act: Provided further, That
up to $190,000,000 (in addition to the $40,000,000 to support the
Precision Medicine Initiative in the NIH Innovation Fund previously
appropriated for fiscal year 2017 pursuant to section 1001 of the
21st Century Cures Act by section 194 of the Continuing Appropriations Act, 2017 (division C of Public Law 114–254)), of the funds
provided herein are available to support the trans-NIH Precision
Medicine Initiative.
In addition to other funds appropriated for the Common Fund
established under section 402A(c) of the PHS Act, $12,600,000
is appropriated to the Common Fund from the 10-year Pediatric
Research Initiative Fund described in section 9008 of title 26,
United States Code, for the purpose of carrying out section
402(b)(7)(B)(ii) of the PHS Act (relating to pediatric research), as
authorized in the Gabriella Miller Kids First Research Act.
BUILDINGS AND FACILITIES
For the study of, construction of, demolition of, renovation
of, and acquisition of equipment for, facilities of or used by NIH,
including the acquisition of real property, $128,863,000, to remain
available through September 30, 2021.
SUBSTANCE ABUSE
AND
MENTAL HEALTH SERVICES ADMINISTRATION
MENTAL HEALTH
For carrying out titles III, V, and XIX of the PHS Act with
respect to mental health, and the Protection and Advocacy for
Individuals with Mental Illness Act, $1,147,998,000: Provided, That
notwithstanding section 520A(f)(2) of the PHS Act, no funds appropriated for carrying out section 520A shall be available for carrying
out section 1971 of the PHS Act: Provided further, That in addition
to amounts provided herein, $21,039,000 shall be available under
section 241 of the PHS Act to carry out subpart I of part B
of title XIX of the PHS Act to fund section 1920(b) technical assistance, national data, data collection and evaluation activities, and
further that the total available under this Act for section 1920(b)
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131 STAT. 528
State and local
governments.
PUBLIC LAW 115–31—MAY 5, 2017
activities shall not exceed 5 percent of the amounts appropriated
for subpart I of part B of title XIX: Provided further, That section
520E(b)(2) of the PHS Act shall not apply to funds appropriated
in this Act for fiscal year 2017: Provided further, That notwithstanding section 565(b)(1) of the PHS Act, technical assistance
may be provided to a public entity to establish or operate a system
of comprehensive community mental health services to children
with a serious emotional disturbance, without regard to whether
the public entity receives a grant under section 561(a) of such
Act: Provided further, That States shall expend at least 10 percent
of the amount each receives for carrying out section 1911 of the
PHS Act to support evidence-based programs that address the needs
of individuals with early serious mental illness, including psychotic
disorders, regardless of the age of the individual at onset: Provided
further, That none of the funds provided for section 1911 of the
PHS Act shall be subject to section 241 of such Act: Provided
further, That of the funds made available under this heading,
$15,000,000 shall be to carry out section 224 of the Protecting
Access to Medicare Act of 2014 (Public Law 113–93; 42 U.S.C.
290aa 22 note).
SUBSTANCE ABUSE TREATMENT
For carrying out titles III and V of the PHS Act with respect
to substance abuse treatment and title XIX of such Act with respect
to substance abuse treatment and prevention, $2,131,306,000: Provided, That in addition to amounts provided herein, the following
amounts shall be available under section 241 of the PHS Act:
(1) $79,200,000 to carry out subpart II of part B of title XIX
of the PHS Act to fund section 1935(b) technical assistance, national
data, data collection and evaluation activities, and further that
the total available under this Act for section 1935(b) activities
shall not exceed 5 percent of the amounts appropriated for subpart
II of part B of title XIX; and (2) $2,000,000 to evaluate substance
abuse treatment programs: Provided further, That none of the funds
provided for section 1921 of the PHS Act shall be subject to section
241 of such Act.
SUBSTANCE ABUSE PREVENTION
For carrying out titles III and V of the PHS Act with respect
to substance abuse prevention, $223,219,000.
HEALTH SURVEILLANCE AND PROGRAM SUPPORT
For program support and cross-cutting activities that supplement activities funded under the headings ‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance Abuse Prevention’’ in
carrying out titles III, V, and XIX of the PHS Act and the Protection
and Advocacy for Individuals with Mental Illness Act in the Substance Abuse and Mental Health Services Administration,
$116,830,000: Provided, That in addition to amounts provided
herein, $31,428,000 shall be available under section 241 of the
PHS Act to supplement funds available to carry out national surveys
on drug abuse and mental health, to collect and analyze program
data, and to conduct public awareness and technical assistance
activities: Provided further, That, in addition, fees may be collected
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 529
for the costs of publications, data, data tabulations, and data analysis completed under title V of the PHS Act and provided to a
public or private entity upon request, which shall be credited to
this appropriation and shall remain available until expended for
such purposes: Provided further, That amounts made available in
this Act for carrying out section 501(m) of the PHS Act shall
remain available through September 30, 2018: Provided further,
That funds made available under this heading may be used to
supplement program support funding provided under the headings
‘‘Mental Health’’, ‘‘Substance Abuse Treatment’’, and ‘‘Substance
Abuse Prevention’’.
AGENCY
FOR
HEALTHCARE RESEARCH
AND
QUALITY
HEALTHCARE RESEARCH AND QUALITY
For carrying out titles III and IX of the PHS Act, part A
of title XI of the Social Security Act, and section 1013 of the
Medicare Prescription Drug, Improvement, and Modernization Act
of 2003, $324,000,000: Provided, That section 947(c) of the PHS
Act shall not apply in fiscal year 2017: Provided further, That
in addition, amounts received from Freedom of Information Act
fees, reimbursable and interagency agreements, and the sale of
data shall be credited to this appropriation and shall remain available until September 30, 2018.
CENTERS
FOR
MEDICARE
AND
MEDICAID SERVICES
GRANTS TO STATES FOR MEDICAID
For carrying out, except as otherwise provided, titles XI and
XIX of the Social Security Act, $262,003,967,000, to remain available until expended.
For making, after May 31, 2017, payments to States under
title XIX or in the case of section 1928 on behalf of States under
title XIX of the Social Security Act for the last quarter of fiscal
year 2017 for unanticipated costs incurred for the current fiscal
year, such sums as may be necessary.
For making payments to States or in the case of section 1928
on behalf of States under title XIX of the Social Security Act
for the first quarter of fiscal year 2018, $125,219,452,000, to remain
available until expended.
Payment under such title XIX may be made for any quarter
with respect to a State plan or plan amendment in effect during
such quarter, if submitted in or prior to such quarter and approved
in that or any subsequent quarter.
Effective date.
PAYMENTS TO HEALTH CARE TRUST FUNDS
For payment to the Federal Hospital Insurance Trust Fund
and the Federal Supplementary Medical Insurance Trust Fund,
as provided under sections 217(g), 1844, and 1860D–16 of the Social
Security Act, sections 103(c) and 111(d) of the Social Security
Amendments of 1965, section 278(d)(3) of Public Law 97–248, and
for administrative expenses incurred pursuant to section 201(g)
of the Social Security Act, $299,187,700,000.
In addition, for making matching payments under section 1844
and benefit payments under section 1860D–16 of the Social Security
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PUBLIC LAW 115–31—MAY 5, 2017
Act that were not anticipated in budget estimates, such sums as
may be necessary.
PROGRAM MANAGEMENT
Fees.
Time period.
For carrying out, except as otherwise provided, titles XI, XVIII,
XIX, and XXI of the Social Security Act, titles XIII and XXVII
of the PHS Act, the Clinical Laboratory Improvement Amendments
of 1988, and other responsibilities of the Centers for Medicare
and Medicaid Services, not to exceed $3,669,744,000, to be transferred from the Federal Hospital Insurance Trust Fund and the
Federal Supplementary Medical Insurance Trust Fund, as authorized by section 201(g) of the Social Security Act; together with
all funds collected in accordance with section 353 of the PHS
Act and section 1857(e)(2) of the Social Security Act, funds retained
by the Secretary pursuant to section 302 of the Tax Relief and
Health Care Act of 2006; and such sums as may be collected
from authorized user fees and the sale of data, which shall be
credited to this account and remain available until September 30,
2022: Provided, That all funds derived in accordance with 31 U.S.C.
9701 from organizations established under title XIII of the PHS
Act shall be credited to and available for carrying out the purposes
of this appropriation: Provided further, That the Secretary is
directed to collect fees in fiscal year 2017 from Medicare Advantage
organizations pursuant to section 1857(e)(2) of the Social Security
Act and from eligible organizations with risk-sharing contracts
under section 1876 of that Act pursuant to section 1876(k)(4)(D)
of that Act.
HEALTH CARE FRAUD AND ABUSE CONTROL ACCOUNT
Reports.
Time period.
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In addition to amounts otherwise available for program integrity and program management, $725,000,000, to remain available
through September 30, 2018, to be transferred from the Federal
Hospital Insurance Trust Fund and the Federal Supplementary
Medical Insurance Trust Fund, as authorized by section 201(g)
of the Social Security Act, of which $486,936,000 shall be for the
Medicare Integrity Program at the Centers for Medicare and Medicaid Services, including administrative costs, to conduct oversight
activities for Medicare Advantage under Part C and the Medicare
Prescription Drug Program under Part D of the Social Security
Act and for activities described in section 1893(b) of such Act,
of which $82,132,000 shall be for the Department of Health and
Human Services Office of Inspector General to carry out fraud
and abuse activities authorized by section 1817(k)(3) of such Act,
of which $82,132,000 shall be for the Medicaid and Children’s
Health Insurance Program (‘‘CHIP’’) program integrity activities,
and of which $73,800,000 shall be for the Department of Justice
to carry out fraud and abuse activities authorized by section
1817(k)(3) of such Act: Provided, That the report required by section
1817(k)(5) of the Social Security Act for fiscal year 2017 shall
include measures of the operational efficiency and impact on fraud,
waste, and abuse in the Medicare, Medicaid, and CHIP programs
for the funds provided by this appropriation: Provided further,
That of the amount provided under this heading, $311,000,000
is provided to meet the terms of section 251(b)(2)(C)(ii) of the
Balanced Budget and Emergency Deficit Control Act of 1985, as
amended, and $414,000,000 is additional new budget authority
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131 STAT. 531
specified for purposes of section 251(b)(2)(C) of such Act: Provided
further, That the Secretary shall support the full cost of the Senior
Medicare Patrol program to combat health care fraud and abuse
from the funds provided to this account.
ADMINISTRATION
FOR
CHILDREN
AND
FAMILIES
PAYMENTS TO STATES FOR CHILD SUPPORT ENFORCEMENT AND
FAMILY SUPPORT PROGRAMS
For carrying out, except as otherwise provided, titles I, IV–
D, X, XI, XIV, and XVI of the Social Security Act and the Act
of July 5, 1960, $3,010,631,000, to remain available until expended;
and for such purposes for the first quarter of fiscal year 2018,
$1,400,000,000, to remain available until expended.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, titles I, IV–D, X, XI, XIV, and XVI of the
Social Security Act and the Act of July 5, 1960, for the last 3
months of the current fiscal year for unanticipated costs, incurred
for the current fiscal year, such sums as may be necessary.
Effective date.
Time period.
LOW INCOME HOME ENERGY ASSISTANCE
For making payments under subsections (b) and (d) of section
2602 of the Low Income Home Energy Assistance Act of 1981,
$3,390,304,000: Provided, That all but $491,000,000 of this amount
shall be allocated as though the total appropriation for such payments for fiscal year 2017 was less than $1,975,000,000: Provided
further, That notwithstanding section 2609A(a), of the amounts
appropriated under section 2602(b), not more than $2,988,000 of
such amounts may be reserved by the Secretary for technical assistance, training, and monitoring of program activities for compliance
with internal controls, policies and procedures and may, in addition
to the authorities provided in section 2609A(a)(1), use such funds
through contracts with private entities that do not qualify as nonprofit organizations.
REFUGEE AND ENTRANT ASSISTANCE
(INCLUDING TRANSFER OF FUNDS)
For necessary expenses for refugee and entrant assistance
activities authorized by section 414 of the Immigration and Nationality Act and section 501 of the Refugee Education Assistance
Act of 1980, and for carrying out section 462 of the Homeland
Security Act of 2002, section 235 of the William Wilberforce Trafficking Victims Protection Reauthorization Act of 2008, the Trafficking Victims Protection Act of 2000 (‘‘TVPA’’), and the Torture
Victims Relief Act of 1998, $1,674,691,000, of which $1,645,201,000
shall remain available through September 30, 2019 for carrying
out such sections 414, 501, 462, and 235: Provided, That amounts
available under this heading to carry out the TVPA shall also
be available for research and evaluation with respect to activities
under such Act: Provided further, That the limitation in section
205 of this Act regarding transfers increasing any appropriation
shall apply to transfers to appropriations under this heading by
substituting ‘‘10 percent’’ for ‘‘3 percent’’.
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Applicability.
PUBL031
131 STAT. 532
PUBLIC LAW 115–31—MAY 5, 2017
PAYMENTS TO STATES FOR THE CHILD CARE AND DEVELOPMENT
BLOCK GRANT
For carrying out the Child Care and Development Block Grant
Act of 2014 (‘‘CCDBG Act’’), $2,856,000,000 shall be used to supplement, not supplant State general revenue funds for child care
assistance for low-income families: Provided, That technical assistance under section 658I(a)(3) of such Act may be provided directly,
or through the use of contracts, grants, cooperative agreements,
or interagency agreements: Provided further, That all funds made
available to carry out section 418 of the Social Security Act (42
U.S.C. 618), including funds appropriated for that purpose in such
section 418 or any other provision of law, shall be subject to the
reservation of funds authority in paragraphs (4) and (5) of section
658O(a) of the CCDBG Act.
SOCIAL SERVICES BLOCK GRANT
For making grants to States pursuant to section 2002 of the
Social Security Act, $1,700,000,000: Provided, That notwithstanding
subparagraph (B) of section 404(d)(2) of such Act, the applicable
percent specified under such subparagraph for a State to carry
out State programs pursuant to title XX–A of such Act shall be
10 percent.
CHILDREN AND FAMILIES SERVICES PROGRAMS
For carrying out, except as otherwise provided, the Runaway
and Homeless Youth Act, the Head Start Act, the Every Student
Succeeds Act, the Child Abuse Prevention and Treatment Act, sections 303 and 313 of the Family Violence Prevention and Services
Act, the Native American Programs Act of 1974, title II of the
Child Abuse Prevention and Treatment and Adoption Reform Act
of 1978 (adoption opportunities), part B–1 of title IV and sections
429, 473A, 477(i), 1110, 1114A, and 1115 of the Social Security
Act, and the Community Services Block Grant Act (‘‘CSBG Act’’);
for necessary administrative expenses to carry out titles I, IV,
V, X, XI, XIV, XVI, and XX–A of the Social Security Act, the
Act of July 5, 1960, the Low-Income Home Energy Assistance
Act of 1981, the Child Care and Development Block Grant Act
of 2014, the Assets for Independence Act, title IV of the Immigration
and Nationality Act, and section 501 of the Refugee Education
Assistance Act of 1980; and for the administration of prior year
obligations made by the Administration for Children and Families
under the Developmental Disabilities Assistance and Bill of Rights
Act and the Help America Vote Act of 2002, $11,294,368,000, of
which $37,943,000, to remain available through September 30, 2018,
shall be for grants to States for adoption and legal guardianship
incentive payments, as defined by section 473A of the Social Security Act and may be made for adoptions and legal guardianships
completed before September 30, 2017: Provided, That
$9,253,095,000 shall be for making payments under the Head Start
Act: Provided further, That of the amount in the previous proviso,
$8,588,095,000 shall be available for payments under section 640
of the Head Start Act, of which $80,000,000 shall be available
for a cost of living adjustment notwithstanding section 640(a)(3)(A)
of such Act: Provided further, That of the amount provided for
making payments under the Head Start Act, $25,000,000 shall
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 533
be available for allocation by the Secretary to supplement activities
described in paragraphs (7)(B) and (9) of section 641(c) of such
Act under the Designation Renewal System, established under the
authority of sections 641(c)(7), 645A(b)(12) and 645A(d) of such
Act: Provided further, That notwithstanding such section 640, of
the amount provided for making payments under the Head Start
Act, and in addition to funds otherwise available under such section
640, $640,000,000 shall be available through March 31, 2018 for
Early Head Start programs as described in section 645A of such
Act, for conversion of Head Start services to Early Head Start
services as described in section 645(a)(5)(A) of such Act, for discretionary grants for high quality infant and toddler care through
Early Head Start-Child Care Partnerships, to entities defined as
eligible under section 645A(d) of such Act, for training and technical
assistance for such activities, and for up to $14,000,000 in Federal
costs of administration and evaluation, and, notwithstanding section
645A(c)(2) of such Act, these funds are available to serve children
under age 4: Provided further, That funds described in the preceding
two provisos shall not be included in the calculation of ‘‘base grant’’
in subsequent fiscal years, as such term is used in section
640(a)(7)(A) of such Act: Provided further, That $250,000,000 shall
be available until December 31, 2017 for carrying out sections
9212 and 9213 of the Every Student Succeeds Act: Provided further,
That, in accordance with section 9212(j) of such Act, funds made
available in the preceding proviso may be allocated to the Department of Education to issue continuation grants on behalf of the
Secretary: Provided further, That up to 3 percent of the funds
in the second preceding proviso shall be available for technical
assistance and evaluation related to grants awarded under such
section 9212: Provided further, That $742,383,000 shall be for
making payments under the CSBG Act: Provided further, That
$27,733,000 shall be for sections 680 and 678E(b)(2) of the CSBG
Act, of which not less than $19,883,000 shall be for section 680(a)(2)
and not less than $7,500,000 shall be for section 680(a)(3)(B) of
such Act: Provided further, That, notwithstanding section 675C(a)(3)
of such Act, to the extent Community Services Block Grant funds
are distributed as grant funds by a State to an eligible entity
as provided under such Act, and have not been expended by such
entity, they shall remain with such entity for carryover into the
next fiscal year for expenditure by such entity consistent with
program purposes: Provided further, That the Secretary shall establish procedures regarding the disposition of intangible assets and
program income that permit such assets acquired with, and program
income derived from, grant funds authorized under section 680
of the CSBG Act to become the sole property of such grantees
after a period of not more than 12 years after the end of the
grant period for any activity consistent with section 680(a)(2)(A)
of the CSBG Act: Provided further, That intangible assets in the
form of loans, equity investments and other debt instruments, and
program income may be used by grantees for any eligible purpose
consistent with section 680(a)(2)(A) of the CSBG Act: Provided
further, That these procedures shall apply to such grant funds
made available after November 29, 1999: Provided further, That
funds appropriated for section 680(a)(2) of the CSBG Act shall
be available for financing construction and rehabilitation and loans
or investments in private business enterprises owned by community
development corporations: Provided further, That the Secretary
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Procedures.
Assets.
Time period.
42 USC 9921
note.
Applicability.
Effective date.
Standards.
State and local
governments.
Territories.
Time period.
Reports.
PUBL031
131 STAT. 534
PUBLIC LAW 115–31—MAY 5, 2017
shall issue performance standards for entities receiving funds from
State and territorial grantees under the CSBG Act, and such States
and territories shall assure the implementation of such standards
prior to September 30, 2017, and include information on such
implementation in the report required by section 678E(a)(2) of
such Act: Provided further, That $1,864,000 shall be for a human
services case management system for federally declared disasters,
to include a comprehensive national case management contract
and Federal costs of administering the system: Provided further,
That up to $2,000,000 shall be for improving the Public Assistance
Reporting Information System, including grants to States to support
data collection for a study of the system’s effectiveness.
PROMOTING SAFE AND STABLE FAMILIES
For carrying out, except as otherwise provided, section 436
of the Social Security Act, $325,000,000 and, for carrying out,
except as otherwise provided, section 437 of such Act, $59,765,000:
Provided, That notwithstanding sections 438(c)(3)(A) and 436(b)(2)
of such Act, $10,000,000 shall be available for such section 436(b)(2),
of which no funds shall be available for carrying out sections
438(c)(3)(A)(ii) and (iii) of such Act.
PAYMENTS FOR FOSTER CARE AND PERMANENCY
Effective date.
Time period.
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, $5,764,000,000.
For carrying out, except as otherwise provided, title IV–E of
the Social Security Act, for the first quarter of fiscal year 2018,
$2,500,000,000.
For carrying out, after May 31 of the current fiscal year, except
as otherwise provided, section 474 of title IV–E of the Social Security Act, for the last 3 months of the current fiscal year for unanticipated costs, incurred for the current fiscal year, such sums as
may be necessary.
ADMINISTRATION
FOR
COMMUNITY LIVING
AGING AND DISABILITY SERVICES PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
For carrying out, to the extent not otherwise provided, the
Older Americans Act of 1965 (‘‘OAA’’), titles III and XXIX of the
PHS Act, sections 1252 and 1253 of the PHS Act, section 119
of the Medicare Improvements for Patients and Providers Act of
2008, title XX–B of the Social Security Act, the Developmental
Disabilities Assistance and Bill of Rights Act, parts 2 and 5 of
subtitle D of title II of the Help America Vote Act of 2002, the
Assistive Technology Act of 1998, titles II and VII (and section
14 with respect to such titles) of the Rehabilitation Act of 1973,
and for Department-wide coordination of policy and program activities that assist individuals with disabilities, $1,919,000,000,
together with $47,115,000 to be transferred from the Federal Hospital Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to carry out section 4360 of the Omnibus
Budget Reconciliation Act of 1990: Provided, That amounts appropriated under this heading may be used for grants to States under
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 535
section 361 of the OAA only for disease prevention and health
promotion programs and activities which have been demonstrated
through rigorous evaluation to be evidence-based and effective:
Provided further, That of amounts made available under this
heading to carry out sections 311, 331, and 336 of the OAA, up
to one percent of such amounts shall be available for developing
and implementing evidence-based practices for enhancing senior
nutrition: Provided further, That notwithstanding any other provision of this Act, funds made available under this heading to carry
out section 311 of the OAA may be transferred to the Secretary
of Agriculture in accordance with such section: Provided further,
That $2,000,000 shall be for competitive grants to support alternative financing programs that provide for the purchase of assistive
technology devices, such as a low-interest loan fund; an interest
buy-down program; a revolving loan fund; a loan guarantee; or
an insurance program: Provided further, That applicants shall provide an assurance that, and information describing the manner
in which, the alternative financing program will expand and emphasize consumer choice and control: Provided further, That State
agencies and community-based disability organizations that are
directed by and operated for individuals with disabilities shall be
eligible to compete: Provided further, That none of the funds made
available under this heading may be used by an eligible system
(as defined in section 102 of the Protection and Advocacy for Individuals with Mental Illness Act (42 U.S.C. 10802)) to continue to
pursue any legal action in a Federal or State court on behalf
of an individual or group of individuals with a developmental disability (as defined in section 102(8)(A) of the Developmental Disabilities and Assistance and Bill of Rights Act of 2000 (20 U.S.C.
15002(8)(A)) that is attributable to a mental impairment (or a
combination of mental and physical impairments), that has as the
requested remedy the closure of State operated intermediate care
facilities for people with intellectual or developmental disabilities,
unless reasonable public notice of the action has been provided
to such individuals (or, in the case of mental incapacitation, the
legal guardians who have been specifically awarded authority by
the courts to make healthcare and residential decisions on behalf
of such individuals) who are affected by such action, within 90
days of instituting such legal action, which informs such individuals
(or such legal guardians) of their legal rights and how to exercise
such rights consistent with current Federal Rules of Civil Procedure:
Provided further, That the limitations in the immediately preceding
proviso shall not apply in the case of an individual who is neither
competent to consent nor has a legal guardian, nor shall the proviso
apply in the case of individuals who are a ward of the State
or subject to public guardianship.
OFFICE
OF THE
Disabled person.
Deadline.
SECRETARY
GENERAL DEPARTMENTAL MANAGEMENT
For necessary expenses, not otherwise provided, for general
departmental management, including hire of six passenger motor
vehicles, and for carrying out titles III, XVII, XXI, and section
229 of the PHS Act, the United States-Mexico Border Health
Commission Act, and research studies under section 1110 of the
Social Security Act, $460,629,000, together with $64,828,000 from
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PUBL031
131 STAT. 536
Sexual risk
avoidance.
Embryo adoption.
PUBLIC LAW 115–31—MAY 5, 2017
the amounts available under section 241 of the PHS Act to carry
out national health or human services research and evaluation
activities: Provided, That of this amount, $53,900,000 shall be for
minority AIDS prevention and treatment activities: Provided further, That of the funds made available under this heading,
$101,000,000 shall be for making competitive contracts and grants
to public and private entities to fund medically accurate and age
appropriate programs that reduce teen pregnancy and for the Federal costs associated with administering and evaluating such contracts and grants, of which not more than 10 percent of the available
funds shall be for training and technical assistance, evaluation,
outreach, and additional program support activities, and of the
remaining amount 75 percent shall be for replicating programs
that have been proven effective through rigorous evaluation to
reduce teenage pregnancy, behavioral risk factors underlying teenage pregnancy, or other associated risk factors, and 25 percent
shall be available for research and demonstration grants to develop,
replicate, refine, and test additional models and innovative strategies for preventing teenage pregnancy: Provided further, That of
the amounts provided under this heading from amounts available
under section 241 of the PHS Act, $6,800,000 shall be available
to carry out evaluations (including longitudinal evaluations) of teenage pregnancy prevention approaches: Provided further, That of
the funds made available under this heading, $15,000,000 shall
be for making competitive grants which exclusively implement education in sexual risk avoidance (defined as voluntarily refraining
from non-marital sexual activity): Provided further, That funding
for such competitive grants for sexual risk avoidance shall use
medically accurate information referenced to peer-reviewed publications by educational, scientific, governmental, or health organizations; implement an evidence-based approach integrating research
findings with practical implementation that aligns with the needs
and desired outcomes for the intended audience; and teach the
benefits associated with self-regulation, success sequencing for poverty prevention, healthy relationships, goal setting, and resisting
sexual coercion, dating violence, and other youth risk behaviors
such as underage drinking or illicit drug use without normalizing
teen sexual activity: Provided further, That no more than 10 percent
of the funding for such competitive grants for sexual risk avoidance
shall be available for technical assistance and administrative costs
of such programs: Provided further, That funds provided in this
Act for embryo adoption activities may be used to provide to individuals adopting embryos, through grants and other mechanisms, medical and administrative services deemed necessary for such adoptions: Provided further, That such services shall be provided consistent with 42 CFR 59.5(a)(4).
OFFICE OF MEDICARE HEARINGS AND APPEALS
For expenses necessary for the Office of Medicare Hearings
and Appeals, $107,381,000, to be transferred in appropriate part
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 537
OFFICE OF THE NATIONAL COORDINATOR FOR HEALTH INFORMATION
TECHNOLOGY
For expenses necessary for the Office of the National Coordinator for Health Information Technology, including grants, contracts, and cooperative agreements for the development and
advancement of interoperable health information technology,
$60,367,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
including the hire of passenger motor vehicles for investigations,
in carrying out the provisions of the Inspector General Act of
1978, $80,000,000: Provided, That of such amount, necessary sums
shall be available for providing protective services to the Secretary
and investigating non-payment of child support cases for which
non-payment is a Federal offense under 18 U.S.C. 228.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights,
$38,798,000.
RETIREMENT PAY AND MEDICAL BENEFITS FOR COMMISSIONED
OFFICERS
For retirement pay and medical benefits of Public Health
Service Commissioned Officers as authorized by law, for payments
under the Retired Serviceman’s Family Protection Plan and Survivor Benefit Plan, and for medical care of dependents and retired
personnel under the Dependents’ Medical Care Act, such amounts
as may be required during the current fiscal year.
PUBLIC HEALTH AND SOCIAL SERVICES EMERGENCY FUND
For expenses necessary to support activities related to countering potential biological, nuclear, radiological, chemical, and
cybersecurity threats to civilian populations, and for other public
health emergencies, $950,958,000, of which $511,700,000 shall
remain available through September 30, 2018, for expenses necessary to support advanced research and development pursuant
to section 319L of the PHS Act and other administrative expenses
of the Biomedical Advanced Research and Development Authority:
Provided, That funds provided under this heading for the purpose
of acquisition of security countermeasures shall be in addition to
any other funds available for such purpose: Provided further, That
products purchased with funds provided under this heading may,
at the discretion of the Secretary, be deposited in the Strategic
National Stockpile pursuant to section 319F–2 of the PHS Act:
Provided further, That $5,000,000 of the amounts made available
to support emergency operations shall remain available through
September 30, 2019.
For expenses necessary for procuring security countermeasures
(as defined in section 319F–2(c)(1)(B) of the PHS Act), $510,000,000,
to remain available until expended.
For an additional amount for expenses necessary to prepare
for or respond to an influenza pandemic, $57,000,000; of which
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PUBL031
131 STAT. 538
PUBLIC LAW 115–31—MAY 5, 2017
$40,000,000 shall be available until expended, for activities
including the development and purchase of vaccine, antivirals, necessary medical supplies, diagnostics, and other surveillance tools:
Provided, That notwithstanding section 496(b) of the PHS Act,
funds may be used for the construction or renovation of privately
owned facilities for the production of pandemic influenza vaccines
and other biologics, if the Secretary finds such construction or
renovation necessary to secure sufficient supplies of such vaccines
or biologics.
GENERAL PROVISIONS
Reports.
Determination.
Evaluation.
SEC. 201. Funds appropriated in this title shall be available
for not to exceed $50,000 for official reception and representation
expenses when specifically approved by the Secretary.
SEC. 202. None of the funds appropriated in this title shall
be used to pay the salary of an individual, through a grant or
other extramural mechanism, at a rate in excess of Executive Level
II.
SEC. 203. None of the funds appropriated in this Act may
be expended pursuant to section 241 of the PHS Act, except for
funds specifically provided for in this Act, or for other taps and
assessments made by any office located in HHS, prior to the
preparation and submission of a report by the Secretary to the
Committees on Appropriations of the House of Representatives and
the Senate detailing the planned uses of such funds.
SEC. 204. Notwithstanding section 241(a) of the PHS Act, such
portion as the Secretary shall determine, but not more than 2.5
percent, of any amounts appropriated for programs authorized
under such Act shall be made available for the evaluation (directly,
or by grants or contracts) and the implementation and effectiveness
of programs funded in this title.
(TRANSFER OF FUNDS)
Notification.
Time period.
Time period.
Contracts.
Certification.
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SEC. 205. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the current fiscal year
for HHS in this Act may be transferred between appropriations,
but no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 206. In lieu of the timeframe specified in section 338E(c)(2)
of the PHS Act, terminations described in such section may occur
up to 60 days after the execution of a contract awarded in fiscal
year 2017 under section 338B of such Act.
SEC. 207. None of the funds appropriated in this Act may
be made available to any entity under title X of the PHS Act
unless the applicant for the award certifies to the Secretary that
it encourages family participation in the decision of minors to
seek family planning services and that it provides counseling to
minors on how to resist attempts to coerce minors into engaging
in sexual activities.
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PUBL031
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131 STAT. 539
SEC. 208. Notwithstanding any other provision of law, no provider of services under title X of the PHS Act shall be exempt
from any State law requiring notification or the reporting of child
abuse, child molestation, sexual abuse, rape, or incest.
SEC. 209. None of the funds appropriated by this Act (including
funds appropriated to any trust fund) may be used to carry out
the Medicare Advantage program if the Secretary denies participation in such program to an otherwise eligible entity (including
a Provider Sponsored Organization) because the entity informs
the Secretary that it will not provide, pay for, provide coverage
of, or provide referrals for abortions: Provided, That the Secretary
shall make appropriate prospective adjustments to the capitation
payment to such an entity (based on an actuarially sound estimate
of the expected costs of providing the service to such entity’s
enrollees): Provided further, That nothing in this section shall be
construed to change the Medicare program’s coverage for such services and a Medicare Advantage organization described in this section shall be responsible for informing enrollees where to obtain
information about all Medicare covered services.
SEC. 210. None of the funds made available in this title may
be used, in whole or in part, to advocate or promote gun control.
SEC. 211. The Secretary shall make available through assignment not more than 60 employees of the Public Health Service
to assist in child survival activities and to work in AIDS programs
through and with funds provided by the Agency for International
Development, the United Nations International Children’s Emergency Fund or the World Health Organization.
SEC. 212. In order for HHS to carry out international health
activities, including HIV/AIDS and other infectious disease, chronic
and environmental disease, and other health activities abroad
during fiscal year 2017:
(1) The Secretary may exercise authority equivalent to
that available to the Secretary of State in section 2(c) of the
State Department Basic Authorities Act of 1956. The Secretary
shall consult with the Secretary of State and relevant Chief
of Mission to ensure that the authority provided in this section
is exercised in a manner consistent with section 207 of the
Foreign Service Act of 1980 and other applicable statutes
administered by the Department of State.
(2) The Secretary is authorized to provide such funds by
advance or reimbursement to the Secretary of State as may
be necessary to pay the costs of acquisition, lease, alteration,
renovation, and management of facilities outside of the United
States for the use of HHS. The Department of State shall
cooperate fully with the Secretary to ensure that HHS has
secure, safe, functional facilities that comply with applicable
regulation governing location, setback, and other facilities
requirements and serve the purposes established by this Act.
The Secretary is authorized, in consultation with the Secretary
of State, through grant or cooperative agreement, to make
available to public or nonprofit private institutions or agencies
in participating foreign countries, funds to acquire, lease, alter,
or renovate facilities in those countries as necessary to conduct
programs of assistance for international health activities,
including activities relating to HIV/AIDS and other infectious
diseases, chronic and environmental diseases, and other health
activities abroad.
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Abortion.
Medicare and
Medicaid.
Gun control.
Children and
youth.
AIDS.
AIDS.
Diseases.
Consultation.
Consultation.
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PUBLIC LAW 115–31—MAY 5, 2017
(3) The Secretary is authorized to provide to personnel
appointed or assigned by the Secretary to serve abroad, allowances and benefits similar to those provided under chapter
9 of title I of the Foreign Service Act of 1980, and 22 U.S.C.
4081 through 4086 and subject to such regulations prescribed
by the Secretary. The Secretary is further authorized to provide
locality-based comparability payments (stated as a percentage)
up to the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such personnel under section 5304 of title 5, United States Code if
such personnel’s official duty station were in the District of
Columbia. Leaves of absence for personnel under this subsection
shall be on the same basis as that provided under subchapter
I of chapter 63 of title 5, United States Code, or section 903
of the Foreign Service Act of 1980, to individuals serving in
the Foreign Service.
(TRANSFER OF FUNDS)
SEC. 213. The Director of the NIH, jointly with the Director
of the Office of AIDS Research, may transfer up to 3 percent
among institutes and centers from the total amounts identified
by these two Directors as funding for research pertaining to the
human immunodeficiency virus: Provided, That the Committees
on Appropriations of the House of Representatives and the Senate
are notified at least 15 days in advance of any transfer.
Notification.
Time period.
(TRANSFER OF FUNDS)
Procedures.
Determination.
Assessments.
Applicability.
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SEC. 214. Of the amounts made available in this Act for NIH,
the amount for research related to the human immunodeficiency
virus, as jointly determined by the Director of NIH and the Director
of the Office of AIDS Research, shall be made available to the
‘‘Office of AIDS Research’’ account. The Director of the Office of
AIDS Research shall transfer from such account amounts necessary
to carry out section 2353(d)(3) of the PHS Act.
SEC. 215. (a) AUTHORITY.—Notwithstanding any other provision
of law, the Director of NIH (‘‘Director’’) may use funds authorized
under section 402(b)(12) of the PHS Act to enter into transactions
(other than contracts, cooperative agreements, or grants) to carry
out research identified pursuant to or research and activities
described in such section 402(b)(12).
(b) PEER REVIEW.—In entering into transactions under subsection (a), the Director may utilize such peer review procedures
(including consultation with appropriate scientific experts) as the
Director determines to be appropriate to obtain assessments of
scientific and technical merit. Such procedures shall apply to such
transactions in lieu of the peer review and advisory council review
procedures that would otherwise be required under sections
301(a)(3), 405(b)(1)(B), 405(b)(2), 406(a)(3)(A), 492, and 494 of the
PHS Act.
SEC. 216. Not to exceed $45,000,000 of funds appropriated
by this Act to the institutes and centers of the National Institutes
of Health may be used for alteration, repair, or improvement of
facilities, as necessary for the proper and efficient conduct of the
activities authorized herein, at not to exceed $3,500,000 per project.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 541
(TRANSFER OF FUNDS)
SEC. 217. Of the amounts made available for NIH, 1 percent
of the amount made available for National Research Service Awards
(‘‘NRSA’’) shall be made available to the Administrator of the Health
Resources and Services Administration to make NRSA awards for
research in primary medical care to individuals affiliated with
entities who have received grants or contracts under sections 736,
739, or 747 of the PHS Act, and 1 percent of the amount made
available for NRSA shall be made available to the Director of
the Agency for Healthcare Research and Quality to make NRSA
awards for health service research.
SEC. 218. (a) The Biomedical Advanced Research and Development Authority (‘‘BARDA’’) may enter into a contract, for more
than one but no more than 10 program years, for purchase of
research services or of security countermeasures, as that term is
defined in section 319F–2(c)(1)(B) of the PHS Act (42 U.S.C. 247d–
6b(c)(1)(B)), if—
(1) funds are available and obligated—
(A) for the full period of the contract or for the first
fiscal year in which the contract is in effect; and
(B) for the estimated costs associated with a necessary
termination of the contract; and
(2) the Secretary determines that a multi-year contract
will serve the best interests of the Federal Government by
encouraging full and open competition or promoting economy
in administration, performance, and operation of BARDA’s programs.
(b) A contract entered into under this section—
(1) shall include a termination clause as described by subsection (c) of section 3903 of title 41, United States Code;
and
(2) shall be subject to the congressional notice requirement
stated in subsection (d) of such section.
SEC. 219. (a) The Secretary shall establish a publicly accessible
Web site to provide information regarding the uses of funds made
available under section 4002 of the Patient Protection and Affordable Care Act of 2010 (‘‘ACA’’).
(b) With respect to funds provided under section 4002 of the
ACA, the Secretary shall include on the Web site established under
subsection (a) at a minimum the following information:
(1) In the case of each transfer of funds under section
4002(c), a statement indicating the program or activity receiving
funds, the operating division or office that will administer the
funds, and the planned uses of the funds, to be posted not
later than the day after the transfer is made.
(2) Identification (along with a link to the full text) of
each funding opportunity announcement, request for proposals,
or other announcement or solicitation of proposals for grants,
cooperative agreements, or contracts intended to be awarded
using such funds, to be posted not later than the day after
the announcement or solicitation is issued.
(3) Identification of each grant, cooperative agreement, or
contract with a value of $25,000 or more awarded using such
funds, including the purpose of the award and the identity
of the recipient, to be posted not later than 5 days after the
award is made.
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Contracts.
Determination.
Public
information.
Web posting.
42 USC 300u–11
note.
Deadlines.
PUBL031
131 STAT. 542
Reports.
Time periods.
Reports.
Deadline.
Publication.
Web posting.
Government
employees.
Contracts.
Publication.
Medicare and
Medicaid.
Health insurance
exchanges.
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PUBLIC LAW 115–31—MAY 5, 2017
(4) A report detailing the uses of all funds transferred
under section 4002(c) during the fiscal year, to be posted not
later than 90 days after the end of the fiscal year.
(c) With respect to awards made in fiscal years 2013 through
2017, the Secretary shall also include on the Web site established
under subsection (a), semi-annual reports from each entity awarded
a grant, cooperative agreement, or contract from such funds with
a value of $25,000 or more, summarizing the activities undertaken
and identifying any sub-grants or sub-contracts awarded (including
the purpose of the award and the identity of the recipient), to
be posted not later than 30 days after the end of each 6-month
period.
(d) In carrying out this section, the Secretary shall—
(1) present the information required in subsection (b)(1)
on a single webpage or on a single database;
(2) ensure that all information required in this section
is directly accessible from the single webpage or database;
and
(3) ensure that all information required in this section
is able to be organized by program or State.
SEC. 220. (a) The Secretary shall publish in the fiscal year
2018 budget justification and on Departmental Web sites information concerning the employment of full-time equivalent Federal
employees or contractors for the purposes of implementing, administering, enforcing, or otherwise carrying out the provisions of the
ACA, and the amendments made by that Act, in the proposed
fiscal year and each fiscal year since the enactment of the ACA.
(b) With respect to employees or contractors supported by all
funds appropriated for purposes of carrying out the ACA (and
the amendments made by that Act), the Secretary shall include,
at a minimum, the following information:
(1) For each such fiscal year, the section of such Act under
which such funds were appropriated, a statement indicating
the program, project, or activity receiving such funds, the Federal operating division or office that administers such program,
and the amount of funding received in discretionary or mandatory appropriations.
(2) For each such fiscal year, the number of full-time
equivalent employees or contracted employees assigned to each
authorized and funded provision detailed in accordance with
paragraph (1).
(c) In carrying out this section, the Secretary may exclude
from the report employees or contractors who—
(1) are supported through appropriations enacted in laws
other than the ACA and work on programs that existed prior
to the passage of the ACA;
(2) spend less than 50 percent of their time on activities
funded by or newly authorized in the ACA; or
(3) work on contracts for which FTE reporting is not a
requirement of their contract, such as fixed-price contracts.
SEC. 221. The Secretary shall publish, as part of the fiscal
year 2018 budget of the President submitted under section 1105(a)
of title 31, United States Code, information that details the uses
of all funds used by the Centers for Medicare and Medicaid Services
specifically for Health Insurance Exchanges for each fiscal year
since the enactment of the ACA and the proposed uses for such
funds for fiscal year 2018. Such information shall include, for each
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 543
such fiscal year, the amount of funds used for each activity specified
under the heading ‘‘Health Insurance Exchange Transparency’’ in
the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act).
SEC. 222. (a) The Secretary shall provide to the Committees
on Appropriations of the House of Representatives and the Senate:
(1) Detailed monthly enrollment figures from the
Exchanges established under the Patient Protection and Affordable Care Act of 2010 pertaining to enrollments during the
open enrollment period; and
(2) Notification of any new or competitive grant awards,
including supplements, authorized under section 330 of the
Public Health Service Act.
(b) The Committees on Appropriations of the House and Senate
must be notified at least 2 business days in advance of any public
release of enrollment information or the award of such grants.
SEC. 223. None of the funds made available by this Act from
the Federal Hospital Insurance Trust Fund or the Federal Supplemental Medical Insurance Trust Fund, or transferred from other
accounts funded by this Act to the ‘‘Centers for Medicare and
Medicaid Services—Program Management’’ account, may be used
for payments under section 1342(b)(1) of Public Law 111–148
(relating to risk corridors).
SEC. 224. In addition to the amounts otherwise available for
‘‘Centers for Medicare and Medicaid Services, Program Management’’, the Secretary of Health and Human Services may transfer
up to $305,000,000 to such account from the Federal Hospital
Insurance Trust Fund and the Federal Supplementary Medical
Insurance Trust Fund to support program management activity
related to the Medicare Program: Provided, That except for the
foregoing purpose, such funds may not be used to support any
provision of Public Law 111–148 or Public Law 111–152 (or any
amendment made by either such Public Law) or to supplant any
other amounts within such account.
SEC. 225. The Secretary shall include in the fiscal year 2018
budget justification an analysis of how section 2713 of the PHS
Act will impact eligibility for discretionary HHS programs.
SEC. 226. Effective during the period beginning on November
1, 2015 and ending January 1, 2019, any provision of law that
refers (including through cross-reference to another provision of
law) to the current recommendations of the United States Preventive Services Task Force with respect to breast cancer screening,
mammography, and prevention shall be administered by the Secretary involved as if—
(1) such reference to such current recommendations were
a reference to the recommendations of such Task Force with
respect to breast cancer screening, mammography, and prevention last issued before 2009; and
(2) such recommendations last issued before 2009 applied
to any screening mammography modality under section 1861(jj)
of the Social Security Act (42 U.S.C. 1395x(jj)).
This title may be cited as the ‘‘Department of Health and
Human Services Appropriations Act, 2017’’.
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Notifications.
Time period.
Analysis.
Effective date.
Time period.
PUBL031
131 STAT. 544
PUBLIC LAW 115–31—MAY 5, 2017
TITLE III
Department of
Education
Appropriations
Act, 2017.
DEPARTMENT OF EDUCATION
EDUCATION
FOR THE
DISADVANTAGED
For carrying out title I and subpart 2 of part B of title II
of the Elementary and Secondary Education Act of 1965 (referred
to in this Act as ‘‘ESEA’’) and section 418A of the Higher Education
Act of 1965 (referred to in this Act as ‘‘HEA’’), $16,143,790,000,
of which $5,225,990,000 shall become available on July 1, 2017,
and shall remain available through September 30, 2018, and of
which $10,841,177,000 shall become available on October 1, 2017,
and shall remain available through September 30, 2018, for academic year 2017–2018: Provided, That $6,459,401,000 shall be for
basic grants under section 1124 of the ESEA: Provided further,
That up to $5,000,000 of these funds shall be available to the
Secretary of Education (referred to in this title as ‘‘Secretary’’)
on October 1, 2016, to obtain annually updated local educational
agency-level census poverty data from the Bureau of the Census:
Provided further, That $1,362,301,000 shall be for concentration
grants under section 1124A of the ESEA: Provided further, That
$3,819,050,000 shall be for targeted grants under section 1125
of the ESEA: Provided further, That $3,819,050,000 shall be for
education finance incentive grants under section 1125A of the
ESEA: Provided further, That $217,000,000 shall be for carrying
out subpart 2 of part B of title II: Provided further, That $44,623,000
shall be for carrying out section 418A of the HEA.
IMPACT AID
Eligibility status.
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For carrying out programs of financial assistance to federally
affected schools authorized by title VII of the ESEA, $1,328,603,000,
of which $1,189,233,000 shall be for basic support payments under
section 7003(b), $48,316,000 shall be for payments for children
with disabilities under section 7003(d), $17,406,000, to remain available for obligation through September 30, 2018, shall be for
construction under section 7007(b), $68,813,000 shall be for Federal
property payments under section 7002, and $4,835,000, to remain
available until expended, shall be for facilities maintenance under
section 7008: Provided, That for purposes of computing the amount
of a payment for an eligible local educational agency under section
7003(a) for school year 2016–2017, children enrolled in a school
of such agency that would otherwise be eligible for payment under
section 7003(a)(1)(B) of such Act, but due to the deployment of
both parents or legal guardians, or a parent or legal guardian
having sole custody of such children, or due to the death of a
military parent or legal guardian while on active duty (so long
as such children reside on Federal property as described in section
7003(a)(1)(B)), are no longer eligible under such section, shall be
considered as eligible students under such section, provided such
students remain in average daily attendance at a school in the
same local educational agency they attended prior to their change
in eligibility status.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 545
SCHOOL IMPROVEMENT PROGRAMS
Grants.
For carrying out school improvement activities authorized by
part B of title I, part A of title II, subpart 1 of part A of title
IV, part B of title IV, part B of title V, and parts B and C
of title VI of the ESEA; the McKinney-Vento Homeless Assistance
Act; section 203 of the Educational Technical Assistance Act of
2002; the Compact of Free Association Amendments Act of 2003;
and the Civil Rights Act of 1964, $4,408,567,000, of which
$2,588,002,000 shall become available on July 1, 2017, and remain
available through September 30, 2018, and of which $1,681,441,000
shall become available on October 1, 2017, and shall remain available through September 30, 2018, for academic year 2017–2018:
Provided, That $369,100,000 shall be for part B of title I: Provided
further, That $1,191,673,000 shall be for part B of title IV: Provided
further, That $33,397,000 shall be for part B of title VI and may
be used for construction, renovation, and modernization of any
elementary school, secondary school, or structure related to an
elementary school or secondary school, run by the Department
of Education of the State of Hawaii, that serves a predominantly
Native Hawaiian student body: Provided further, That $32,453,000
shall be for part C of title VI and shall be awarded on a competitive
basis, and also may be used for construction: Provided further,
That $50,000,000 shall be available to carry out section 203 of
the Educational Technical Assistance Act of 2002 and the Secretary
shall make such arrangements as determined to be necessary to
ensure that the Bureau of Indian Education has access to services
provided under this section: Provided further, That $16,699,000
shall be available to carry out the Supplemental Education Grants
program for the Federated States of Micronesia and the Republic
of the Marshall Islands: Provided further, That the Secretary may
reserve up to 5 percent of the amount referred to in the previous
proviso to provide technical assistance in the implementation of
these grants: Provided further, That $175,840,000 shall be for part
B of title V: Provided further, That $400,000,000 shall be available
for grants under subpart 1 of part A of title IV: Provided further,
That notwithstanding subsections (a) and (b) of section 4105 of
such Act, each State may use funds reserved under section
4104(a)(1) of such Act to award subgrants, on a competitive basis,
to local educational agencies receiving a grant under part A of
title I, or consortia of such local educational agencies, of such
Act, to enable the agencies or consortia to support activities authorized under one or more of sections 4107, 4108, and 4109(a) of
such Act: Provided further, That each such subgrant shall be subject
to the same terms and conditions as an allocation provided under
section 4105 of such Act, except as otherwise provided in this
Act: Provided further, That each State that awards such subgrants
shall award such subgrants with priority given to local educational
agencies, or consortia of local educational agencies, with the greatest
need based on the number or percentage of children counted under
section 1124(c), in a manner that ensures geographic diversity
among subgrant recipients representing rural, suburban, and urban
areas, and in a manner that distributes the total amount of funds
available to the State under section 4104(a)(1) consistent with the
requirements described in subparagraphs (C) through (E) of section
4106(e)(2) of such Act: Provided further, That each such subgrant
awarded shall be for a term of one year and in an amount of
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State and local
governments.
State and local
governments.
Time period.
PUBL031
131 STAT. 546
PUBLIC LAW 115–31—MAY 5, 2017
not less than $10,000, and a subgrant recipient shall not be subject
to any of the distribution requirements described in subparagraphs
(C) through (E) of subsections (e)(2) and (f), of section 4106 of
such Act: Provided further, That notwithstanding section 4109(b)
of such Act, a subgrant recipient using such subgrant funds to
carry out only activities authorized under section 4109(a) of such
Act may use not more than 25 percent of the subgrant funds
for purchasing technology infrastructure as described in such section
4109(b): Provided further, That amounts made available under this
heading to a State agency awarding such subgrants shall remain
available until September 30, 2018.
INDIAN EDUCATION
For expenses necessary to carry out, to the extent not otherwise
provided, title VI, part A of the ESEA, $164,939,000, of which
$57,993,000 shall be for subpart 2 of part A of title VI and
$6,565,000 shall be for subpart 3 of part A of title VI.
INNOVATION
AND IMPROVEMENT
For carrying out activities authorized by subparts 1, 3 and
4 of part B of title II, and parts C and D and subparts 1 and
4 of part F of title IV of the ESEA, $887,575,000: Provided, That
$283,015,000 shall be for subparts 1, 3 and 4 of part B of title
II and shall be made available without regard to sections 2201,
2231(b) and 2241: Provided further, That $504,560,000 shall be
for parts C and D and subpart 4 of part F of title IV, and shall
be made available without regard to sections 4311, 4409(a), and
4601 of the ESEA: Provided further, That section 4303(d)(3)(A)(i)
shall not apply to the funds available for part C of title IV: Provided
further, That of the funds available for part C of title IV, the
Secretary shall use not less than $26,000,000 to carry out section
4304, of which not more than $10,000,000 shall be available to
carry out section 4304(k), not more than $100,000,000 to carry
out section 4305(b), and not less than $11,000,000 to carry out
the activities in section 4305(a)(3): Provided further, That notwithstanding section 4601(b), $100,000,000 shall be available through
December 31, 2017 for subpart 1 of part F of title IV.
SAFE SCHOOLS
Applicability.
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AND
CITIZENSHIP EDUCATION
For carrying out activities authorized by subparts 2 and 3
of part F of title IV of the ESEA, $151,254,000: Provided, That
$68,000,000 shall be available for section 4631, of which up to
$5,000,000, to remain available until expended, shall be for the
Project School Emergency Response to Violence (‘‘Project SERV’’)
program to provide education-related services to local educational
agencies and institutions of higher education in which the learning
environment has been disrupted due to a violent or traumatic
crisis: Provided further, That $10,000,000 shall be available for
section 4625: Provided further, That $73,254,000 shall be available
through December 31, 2017, for section 4624: Provided further,
That section 4623(b) of the ESEA shall apply to funds appropriated
for Promise Neighborhoods under this heading in prior appropriations acts.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 547
ENGLISH LANGUAGE ACQUISITION
For carrying out part A of title III of the ESEA, $737,400,000,
which shall become available on July 1, 2017, and shall remain
available through September 30, 2018, except that 6.5 percent
of such amount shall be available on October 1, 2016, and shall
remain available through September 30, 2018, to carry out activities
under section 3111(c)(1)(C).
SPECIAL EDUCATION
For carrying out the Individuals with Disabilities Education
Act (IDEA) and the Special Olympics Sport and Empowerment
Act of 2004, $13,064,358,000, of which $3,546,259,000 shall become
available on July 1, 2017, and shall remain available through
September 30, 2018, and of which $9,283,383,000 shall become
available on October 1, 2017, and shall remain available through
September 30, 2018, for academic year 2017–2018: Provided, That
the amount for section 611(b)(2) of the IDEA shall be equal to
the lesser of the amount available for that activity during fiscal
year 2016, increased by the amount of inflation as specified in
section 619(d)(2)(B) of the IDEA, or the percent change in the
funds appropriated under section 611(i) of the IDEA, but not less
than the amount for that activity during fiscal year 2016: Provided
further, That the Secretary shall, without regard to section 611(d)
of the IDEA, distribute to all other States (as that term is defined
in section 611(g)(2)), subject to the third proviso, any amount by
which a State’s allocation under section 611, from funds appropriated under this heading, is reduced under section 612(a)(18)(B),
according to the following: 85 percent on the basis of the States’
relative populations of children aged 3 through 21 who are of
the same age as children with disabilities for whom the State
ensures the availability of a free appropriate public education under
this part, and 15 percent to States on the basis of the States’
relative populations of those children who are living in poverty:
Provided further, That the Secretary may not distribute any funds
under the previous proviso to any State whose reduction in allocation from funds appropriated under this heading made funds available for such a distribution: Provided further, That the States
shall allocate such funds distributed under the second proviso to
local educational agencies in accordance with section 611(f): Provided further, That the amount by which a State’s allocation under
section 611(d) of the IDEA is reduced under section 612(a)(18)(B)
and the amounts distributed to States under the previous provisos
in fiscal year 2012 or any subsequent year shall not be considered
in calculating the awards under section 611(d) for fiscal year 2013
or for any subsequent fiscal years: Provided further, That, notwithstanding the provision in section 612(a)(18)(B) regarding the fiscal
year in which a State’s allocation under section 611(d) is reduced
for failure to comply with the requirement of section 612(a)(18)(A),
the Secretary may apply the reduction specified in section
612(a)(18)(B) over a period of consecutive fiscal years, not to exceed
five, until the entire reduction is applied: Provided further, That
the Secretary may, in any fiscal year in which a State’s allocation
under section 611 is reduced in accordance with section
612(a)(18)(B), reduce the amount a State may reserve under section
611(e)(1) by an amount that bears the same relation to the maximum amount described in that paragraph as the reduction under
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20 USC 1411
note.
20 USC 1411
note.
PUBL031
131 STAT. 548
PUBLIC LAW 115–31—MAY 5, 2017
section 612(a)(18)(B) bears to the total allocation the State would
have received in that fiscal year under section 611(d) in the absence
of the reduction: Provided further, That the Secretary shall either
reduce the allocation of funds under section 611 for any fiscal
year following the fiscal year for which the State fails to comply
with the requirement of section 612(a)(18)(A) as authorized by
section 612(a)(18)(B), or seek to recover funds under section 452
of the General Education Provisions Act (20 U.S.C. 1234a): Provided
further, That the funds reserved under 611(c) of the IDEA may
be used to provide technical assistance to States to improve the
capacity of the States to meet the data collection requirements
of sections 616 and 618 and to administer and carry out other
services and activities to improve data collection, coordination,
quality, and use under parts B and C of the IDEA: Provided
further, That the Secretary may use funds made available for the
State Personnel Development Grants program under part D, subpart 1 of IDEA to evaluate program performance under such subpart.
REHABILITATION SERVICES
State and local
governments.
Grants.
For carrying out, to the extent not otherwise provided, the
Rehabilitation Act of 1973 and the Helen Keller National Center
Act, $3,535,589,000, of which $3,398,554,000 shall be for grants
for vocational rehabilitation services under title I of the Rehabilitation Act: Provided, That the Secretary may use amounts provided
in this Act that remain available subsequent to the reallotment
of funds to States pursuant to section 110(b) of the Rehabilitation
Act for innovative activities aimed at improving the outcomes of
individuals with disabilities as defined in section 7(20)(B) of the
Rehabilitation Act, including activities aimed at improving the education and post-school outcomes of children receiving Supplemental
Security Income (‘‘SSI’’) and their families that may result in longterm improvement in the SSI child recipient’s economic status
and self-sufficiency: Provided further, That States may award subgrants for a portion of the funds to other public and private,
nonprofit entities: Provided further, That any funds made available
subsequent to reallotment for innovative activities aimed at
improving the outcomes of individuals with disabilities shall remain
available until September 30, 2018.
SPECIAL INSTITUTIONS
FOR
PERSONS WITH DISABILITIES
AMERICAN PRINTING HOUSE FOR THE BLIND
For carrying out the Act to promote the Education of the
Blind of March 3, 1879, $25,431,000.
NATIONAL TECHNICAL INSTITUTE FOR THE DEAF
For the National Technical Institute for the Deaf under titles
I and II of the Education of the Deaf Act of 1986, $70,016,000:
Provided, That from the total amount available, the Institute may
at its discretion use funds for the endowment program as authorized
under section 207 of such Act.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 549
GALLAUDET UNIVERSITY
For the Kendall Demonstration Elementary School, the Model
Secondary School for the Deaf, and the partial support of Gallaudet
University under titles I and II of the Education of the Deaf
Act of 1986, $121,275,000: Provided, That from the total amount
available, the University may at its discretion use funds for the
endowment program as authorized under section 207 of such Act.
CAREER, TECHNICAL,
AND
ADULT EDUCATION
For carrying out, to the extent not otherwise provided, the
Carl D. Perkins Career and Technical Education Act of 2006 and
the Adult Education and Family Literacy Act (‘‘AEFLA’’),
$1,720,686,000, of which $929,686,000 shall become available on
July 1, 2017, and shall remain available through September 30,
2018, and of which $791,000,000 shall become available on October
1, 2017, and shall remain available through September 30, 2018:
Provided, That of the amounts made available for AEFLA,
$13,712,000 shall be for national leadership activities under section
242.
STUDENT FINANCIAL ASSISTANCE
For carrying out subparts 1, 3, and 10 of part A, and part
C of title IV of the HEA, $24,198,210,000, which shall remain
available through September 30, 2018.
The maximum Pell Grant for which a student shall be eligible
during award year 2017–2018 shall be $4,860.
20 USC 1070a
note.
STUDENT AID ADMINISTRATION
For Federal administrative expenses to carry out part D of
title I, and subparts 1, 3, 9, and 10 of part A, and parts B,
C, D, and E of title IV of the HEA, and subpart 1 of part A
of title VII of the Public Health Service Act, $1,576,854,000, to
remain available through September 30, 2018: Provided, That the
Secretary shall allocate new student loan borrower accounts to
eligible student loan servicers on the basis of their performance
compared to all loan servicers utilizing established common metrics,
and on the basis of the capacity of each servicer to process new
and existing accounts: Provided further, That the Secretary shall,
no later than September 30, 2017, allow student loan borrowers
who are consolidating Federal student loans to select from any
student loan servicer to service their new consolidated student
loan.
Deadline.
20 USC 1078–3
note.
HIGHER EDUCATION
For carrying out, to the extent not otherwise provided, titles
II, III, IV, V, VI, and VII of the HEA, the Mutual Educational
and Cultural Exchange Act of 1961, and section 117 of the Carl
D. Perkins Career and Technical Education Act of 2006,
$2,055,439,000: Provided, That notwithstanding any other provision
of law, funds made available in this Act to carry out title VI
of the HEA and section 102(b)(6) of the Mutual Educational and
Cultural Exchange Act of 1961 may be used to support visits
and study in foreign countries by individuals who are participating
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PUBL031
131 STAT. 550
Grants.
Deadlines.
Notifications.
Deadline.
PUBLIC LAW 115–31—MAY 5, 2017
in advanced foreign language training and international studies
in areas that are vital to United States national security and
who plan to apply their language skills and knowledge of these
countries in the fields of government, the professions, or international development: Provided further, That of the funds referred
to in the preceding proviso up to 1 percent may be used for program
evaluation, national outreach, and information dissemination activities: Provided further, That up to 1.5 percent of the funds made
available under chapter 2 of subpart 2 of part A of title IV of
the HEA may be used for evaluation : Provided further, That,
in making awards under section 402C of the HEA with funds
appropriated by this Act, the Secretary shall announce new grant
awards for which the notice inviting applications was published
in the Federal Register on October 17, 2016 (81 F.R. 71,492) by
June 1, 2017, and for all other new grant awards under such
section by August 1, 2017: Provided further, That, in making
continuation grant awards under subpart 2 of chapter 1 of part
A of title IV of the HEA with funds appropriated by this Act,
the Secretary shall issue continuation notifications no later than
August 1, 2017.
HOWARD UNIVERSITY
For partial support of Howard University, $221,821,000, of
which not less than $3,405,000 shall be for a matching endowment
grant pursuant to the Howard University Endowment Act and
shall remain available until expended.
COLLEGE HOUSING
AND
ACADEMIC FACILITIES LOANS PROGRAM
For Federal administrative expenses to carry out activities
related to existing facility loans pursuant to section 121 of the
HEA, $435,000.
HISTORICALLY BLACK COLLEGE AND UNIVERSITY CAPITAL
FINANCING PROGRAM ACCOUNT
For the cost of guaranteed loans, $20,150,000, as authorized
pursuant to part D of title III of the HEA, which shall remain
available through September 30, 2018: Provided, That such costs,
including the cost of modifying such loans, shall be as defined
in section 502 of the Congressional Budget Act of 1974: Provided
further, That these funds are available to subsidize total loan principal, any part of which is to be guaranteed, not to exceed
$282,212,885: Provided further, That these funds may be used to
support loans to public and private Historically Black Colleges
and Universities without regard to the limitations within section
344(a) of the HEA.
In addition, for administrative expenses to carry out the Historically Black College and University Capital Financing Program
entered into pursuant to part D of title III of the HEA, $334,000.
INSTITUTE
OF
EDUCATION SCIENCES
For carrying out activities authorized by the Education Sciences
Reform Act of 2002, the National Assessment of Educational
Progress Authorization Act, section 208 of the Educational Technical
Assistance Act of 2002, and section 664 of the Individuals with
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131 STAT. 551
Disabilities Education Act, $605,267,000, which shall remain available through September 30, 2018: Provided, That funds available
to carry out section 208 of the Educational Technical Assistance
Act may be used to link Statewide elementary and secondary data
systems with early childhood, postsecondary, and workforce data
systems, or to further develop such systems: Provided further, That
up to $6,000,000 of the funds available to carry out section 208
of the Educational Technical Assistance Act may be used for awards
to public or private organizations or agencies to support activities
to improve data coordination, quality, and use at the local, State,
and national levels.
DEPARTMENTAL MANAGEMENT
PROGRAM ADMINISTRATION
For carrying out, to the extent not otherwise provided, the
Department of Education Organization Act, including rental of conference rooms in the District of Columbia and hire of three passenger motor vehicles, $432,000,000, of which up to $1,000,000,
to remain available until expended, may be for relocation of, and
renovation of buildings occupied by, Department staff: Provided,
That $2,000,000 of the unobligated funds available under this
heading and ‘‘Student Aid Administration’’ in this and prior appropriations acts that may be used for travel, printing, supplies and
other administrative expenses shall be available for obligation for
the Ready to Learn program.
OFFICE FOR CIVIL RIGHTS
For expenses necessary for the Office for Civil Rights, as authorized by section 203 of the Department of Education Organization
Act, $108,500,000.
OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General,
as authorized by section 212 of the Department of Education
Organization Act, $59,256,000.
GENERAL PROVISIONS
SEC. 301. No funds appropriated in this Act may be used
for the transportation of students or teachers (or for the purchase
of equipment for such transportation) in order to overcome racial
imbalance in any school or school system, or for the transportation
of students or teachers (or for the purchase of equipment for such
transportation) in order to carry out a plan of racial desegregation
of any school or school system.
SEC. 302. None of the funds contained in this Act shall be
used to require, directly or indirectly, the transportation of any
student to a school other than the school which is nearest the
student’s home, except for a student requiring special education,
to the school offering such special education, in order to comply
with title VI of the Civil Rights Act of 1964. For the purpose
of this section an indirect requirement of transportation of students
includes the transportation of students to carry out a plan involving
the reorganization of the grade structure of schools, the pairing
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Desegregation.
PUBL031
131 STAT. 552
PUBLIC LAW 115–31—MAY 5, 2017
of schools, or the clustering of schools, or any combination of grade
restructuring, pairing, or clustering. The prohibition described in
this section does not include the establishment of magnet schools.
SEC. 303. No funds appropriated in this Act may be used
to prevent the implementation of programs of voluntary prayer
and meditation in the public schools.
Voluntary
prayer.
Meditation.
(TRANSFER OF FUNDS)
Notification.
Time period.
Applicability.
48 USC 1921d
note.
Time period.
Effective date.
SEC. 304. Not to exceed 1 percent of any discretionary funds
(pursuant to the Balanced Budget and Emergency Deficit Control
Act of 1985) which are appropriated for the Department of Education in this Act may be transferred between appropriations, but
no such appropriation shall be increased by more than 3 percent
by any such transfer: Provided, That the transfer authority granted
by this section shall not be used to create any new program or
to fund any project or activity for which no funds are provided
in this Act: Provided further, That the Committees on Appropriations of the House of Representatives and the Senate are notified
at least 15 days in advance of any transfer.
SEC. 305. Section 105(f)(1)(B)(ix) of the Compact of Free
Association Amendments Act of 2003 (48 U.S.C. 1921d(f)(1)(B)(ix))
shall be applied by substituting ‘‘2017’’ for ‘‘2016’’.
SEC. 306. Funds appropriated in this Act and consolidated
for evaluation purposes under section 8601(c) of the ESEA shall
be available from July 1, 2017, through September 30, 2018.
SEC. 307. (a) An institution of higher education that maintains
an endowment fund supported with funds appropriated for title
III or V of the HEA for fiscal year 2017 may use the income
from that fund to award scholarships to students, subject to the
limitation in section 331(c)(3)(B)(i) of the HEA. The use of such
income for such purposes, prior to the enactment of this Act, shall
be considered to have been an allowable use of that income, subject
to that limitation.
(b) Subsection (a) shall be in effect until titles III and V of
the HEA are reauthorized.
SEC. 308. Section 114(f) of the HEA (20 U.S.C. 1011c(f)) is
amended by striking ‘‘2016’’ and inserting ‘‘2017’’.
SEC. 309. Section 458(a) of the HEA (20 U.S.C. 1087h(a)) is
amended in paragraph (4) by striking ‘‘2016’’ and inserting ‘‘2017’’.
(INCLUDING RESCISSION)
Effective date.
Grants.
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SEC. 310. (a) Section 401(b) of the Higher Education Act of
1965 (20 U.S.C. 1070a(b)) is amended by adding at the end the
following:
‘‘(8)(A) Effective in the 2017–2018 award year and thereafter, the Secretary shall award an eligible student not more
than one and one-half Federal Pell Grants during a single
award year to permit such student to work toward completion
of an eligible program if, during that single award year, the
student—
‘‘(i) has received a Federal Pell Grant for an award
year and is enrolled in an eligible program for one
or more additional payment periods during the same
award year that are not otherwise fully covered by
the student’s Federal Pell Grant; and
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 553
‘‘(ii) is enrolled on at least a half-time basis while
receiving any funds under this section.
‘‘(B) In the case of a student receiving more than
one Federal Pell Grant in a single award year under
subparagraph (A), the total amount of Federal Pell Grants
awarded to such student for the award year may exceed
the maximum basic grant level specified in the appropriate
appropriations Act for such award year.
‘‘(C) Any period of study covered by a Federal Pell
Grant awarded under subparagraph (A) shall be included
in determining a student’s duration limit under subsection
(c)(5).
‘‘(D) In any case where an eligible student is receiving
a Federal Pell Grant for a payment period that spans
two award years, the Secretary shall allow the eligible
institution in which the student is enrolled to determine
the award year to which the additional period shall be
assigned, as it determines is most beneficial to students.’’.
(b) Section 401(b)(7)(A)(iv)(VII) of the Higher Education Act
of 1965 (20 U.S.C. 1070a(b)(7)(A)(iv)(VII)) is amended by striking
‘‘$1,574,000,000’’ and inserting ‘‘$1,320,000,000’’.
(RESCISSION)
SEC. 311. Of the unobligated balances available from Public
Law 114–113 under the heading ‘‘Student Financial Assistance’’
for carrying out subpart 1 of part A of title IV of the HEA,
$1,310,000,000 are hereby rescinded.
This title may be cited as the ‘‘Department of Education Appropriations Act, 2017’’.
TITLE IV
RELATED AGENCIES
COMMITTEE
FOR
PURCHASE FROM PEOPLE WHO ARE BLIND
SEVERELY DISABLED
OR
SALARIES AND EXPENSES
For expenses necessary for the Committee for Purchase From
People Who Are Blind or Severely Disabled established under section 8502 of title 41, United States Code, $8,000,000: Provided,
That in order to authorize any central nonprofit agency designated
pursuant to section 8503(c) of title 41, United States Code, to
perform contract requirements of the Committee as prescribed
under section 51–3.2 of title 41, Code of Federal Regulations, the
Committee shall enter into a written agreement with any such
central nonprofit agency: Provided further, That such agreement
entered into under the preceding proviso shall contain such
auditing, oversight, and reporting provisions as necessary to implement chapter 85 of title 41, United States Code: Provided further,
That such agreement shall include the elements listed under this
heading in the explanatory statement accompanying Public Law
114–113: Provided further, That a fee may not be charged under
section 51–3.5 of title 41, Code of Federal Regulations, unless such
fee is under the terms of the written agreement between the Committee and any such central nonprofit agency: Provided further,
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Contracts.
PUBL031
131 STAT. 554
PUBLIC LAW 115–31—MAY 5, 2017
That no less than $1,000,000 shall be available for the Office
of Inspector General.
CORPORATION
FOR
NATIONAL
AND
COMMUNITY SERVICE
OPERATING EXPENSES
For necessary expenses for the Corporation for National and
Community Service (referred to in this title as ‘‘CNCS’’) to carry
out the Domestic Volunteer Service Act of 1973 (referred to in
this title as ‘‘1973 Act’’) and the National and Community Service
Act of 1990 (referred to in this title as ‘‘1990 Act’’), $736,029,000,
notwithstanding sections 198B(b)(3), 198S(g), 501(a)(4)(C), and
501(a)(4)(F) of the 1990 Act: Provided, That of the amounts provided
under this heading: (1) up to 1 percent of program grant funds
may be used to defray the costs of conducting grant application
reviews, including the use of outside peer reviewers and electronic
management of the grants cycle; (2) $16,538,000 shall be available
to provide assistance to State commissions on national and community service, under section 126(a) of the 1990 Act and notwithstanding section 501(a)(5)(B) of the 1990 Act; (3) $30,000,000 shall
be available to carry out subtitle E of the 1990 Act; and (4)
$3,800,000 shall be available for expenses authorized under section
501(a)(4)(F) of the 1990 Act, which, notwithstanding the provisions
of section 198P shall be awarded by CNCS on a competitive basis:
Provided further, That for the purposes of carrying out the 1990
Act, satisfying the requirements in section 122(c)(1)(D) may include
a determination of need by the local community.
PAYMENT TO THE NATIONAL SERVICE TRUST
(INCLUDING TRANSFER OF FUNDS)
Determination.
Notification.
For payment to the National Service Trust established under
subtitle D of title I of the 1990 Act, $206,842,000, to remain available until expended: Provided, That CNCS may transfer additional
funds from the amount provided within ‘‘Operating Expenses’’ allocated to grants under subtitle C of title I of the 1990 Act to
the National Service Trust upon determination that such transfer
is necessary to support the activities of national service participants
and after notice is transmitted to the Committees on Appropriations
of the House of Representatives and the Senate: Provided further,
That amounts appropriated for or transferred to the National
Service Trust may be invested under section 145(b) of the 1990
Act without regard to the requirement to apportion funds under
31 U.S.C. 1513(b).
SALARIES AND EXPENSES
For necessary expenses of administration as provided under
section 501(a)(5) of the 1990 Act and under section 504(a) of the
1973 Act, including payment of salaries, authorized travel, hire
of passenger motor vehicles, the rental of conference rooms in
the District of Columbia, the employment of experts and consultants
authorized under 5 U.S.C. 3109, and not to exceed $2,500 for
official reception and representation expenses, $81,737,000.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 555
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the Inspector General Act of 1978, $5,750,000.
ADMINISTRATIVE PROVISIONS
SEC. 401. CNCS shall make any significant changes to program
requirements, service delivery or policy only through public notice
and comment rulemaking. For fiscal year 2017, during any grant
selection process, an officer or employee of CNCS shall not knowingly disclose any covered grant selection information regarding
such selection, directly or indirectly, to any person other than
an officer or employee of CNCS that is authorized by CNCS to
receive such information.
SEC. 402. AmeriCorps programs receiving grants under the
National Service Trust program shall meet an overall minimum
share requirement of 24 percent for the first 3 years that they
receive AmeriCorps funding, and thereafter shall meet the overall
minimum share requirement as provided in section 2521.60 of title
45, Code of Federal Regulations, without regard to the operating
costs match requirement in section 121(e) or the member support
Federal share limitations in section 140 of the 1990 Act, and subject
to partial waiver consistent with section 2521.70 of title 45, Code
of Federal Regulations.
SEC. 403. Donations made to CNCS under section 196 of the
1990 Act for the purposes of financing programs and operations
under titles I and II of the 1973 Act or subtitle B, C, D, or
E of title I of the 1990 Act shall be used to supplement and
not supplant current programs and operations.
SEC. 404. In addition to the requirements in section 146(a)
of the 1990 Act, use of an educational award for the purpose
described in section 148(a)(4) shall be limited to individuals who
are veterans as defined under section 101 of the Act.
SEC. 405. For the purpose of carrying out section 189D of
the 1990 Act—
(1) entities described in paragraph (a) of such section shall
be considered ‘‘qualified entities’’ under section 3 of the National
Child Protection Act of 1993 (‘‘NCPA’’);
(2) individuals described in such section shall be considered
‘‘volunteers’’ under section 3 of NCPA; and
(3) State Commissions on National and Community Service
established pursuant to section 178 of the 1990 Act, are authorized to receive criminal history record information, consistent
with Public Law 92–544.
CORPORATION
FOR
42 USC 12571
note.
PUBLIC BROADCASTING
For payment to the Corporation for Public Broadcasting
(‘‘CPB’’), as authorized by the Communications Act of 1934, an
amount which shall be available within limitations specified by
that Act, for the fiscal year 2019, $445,000,000: Provided, That
none of the funds made available to CPB by this Act shall be
used to pay for receptions, parties, or similar forms of entertainment
for Government officials or employees: Provided further, That none
of the funds made available to CPB by this Act shall be available
or used to aid or support any program or activity from which
any person is excluded, or is denied benefits, or is discriminated
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PUBL031
131 STAT. 556
PUBLIC LAW 115–31—MAY 5, 2017
against, on the basis of race, color, national origin, religion, or
sex: Provided further, That none of the funds made available to
CPB by this Act shall be used to apply any political test or qualification in selecting, appointing, promoting, or taking any other personnel action with respect to officers, agents, and employees of
CPB: Provided further, That none of the funds made available
to CPB by this Act shall be used to support the Television Future
Fund or any similar purpose.
In addition, for the costs associated with replacing and
upgrading the public broadcasting interconnection system,
$50,000,000.
FEDERAL MEDIATION
AND
CONCILIATION SERVICE
SALARIES AND EXPENSES
For expenses necessary for the Federal Mediation and Conciliation Service (‘‘Service’’) to carry out the functions vested in it
by the Labor-Management Relations Act, 1947, including hire of
passenger motor vehicles; for expenses necessary for the LaborManagement Cooperation Act of 1978; and for expenses necessary
for the Service to carry out the functions vested in it by the
Civil Service Reform Act, $46,650,000, including up to $900,000
to remain available through September 30, 2018, for activities
authorized by the Labor-Management Cooperation Act of 1978:
Provided, That notwithstanding 31 U.S.C. 3302, fees charged, up
to full-cost recovery, for special training activities and other conflict
resolution services and technical assistance, including those provided to foreign governments and international organizations, and
for arbitration services shall be credited to and merged with this
account, and shall remain available until expended: Provided further, That fees for arbitration services shall be available only for
education, training, and professional development of the agency
workforce: Provided further, That the Director of the Service is
authorized to accept and use on behalf of the United States gifts
of services and real, personal, or other property in the aid of
any projects or functions within the Director’s jurisdiction.
FEDERAL MINE SAFETY
AND
HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Federal Mine Safety and Health
Review Commission, $17,184,000.
INSTITUTE
OF
MUSEUM
AND
LIBRARY SERVICES
OFFICE OF MUSEUM AND LIBRARY SERVICES: GRANTS AND
ADMINISTRATION
For carrying out the Museum and Library Services Act of
1996 and the National Museum of African American History and
Culture Act, $231,000,000.
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PUBLIC LAW 115–31—MAY 5, 2017
MEDICAID
AND
CHIP PAYMENT
AND
131 STAT. 557
ACCESS COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1900 of the Social
Security Act, $7,765,000.
MEDICARE PAYMENT ADVISORY COMMISSION
SALARIES AND EXPENSES
For expenses necessary to carry out section 1805 of the Social
Security Act, $11,925,000, to be transferred to this appropriation
from the Federal Hospital Insurance Trust Fund and the Federal
Supplementary Medical Insurance Trust Fund.
NATIONAL COUNCIL
ON
DISABILITY
SALARIES AND EXPENSES
For expenses necessary for the National Council on Disability
as authorized by title IV of the Rehabilitation Act of 1973,
$3,250,000.
NATIONAL LABOR RELATIONS BOARD
SALARIES AND EXPENSES
For expenses necessary for the National Labor Relations Board
to carry out the functions vested in it by the Labor-Management
Relations Act, 1947, and other laws, $274,224,000: Provided, That
no part of this appropriation shall be available to organize or
assist in organizing agricultural laborers or used in connection
with investigations, hearings, directives, or orders concerning bargaining units composed of agricultural laborers as referred to in
section 2(3) of the Act of July 5, 1935, and as amended by the
Labor-Management Relations Act, 1947, and as defined in section
3(f) of the Act of June 25, 1938, and including in said definition
employees engaged in the maintenance and operation of ditches,
canals, reservoirs, and waterways when maintained or operated
on a mutual, nonprofit basis and at least 95 percent of the water
stored or supplied thereby is used for farming purposes.
ADMINISTRATIVE PROVISIONS
SEC. 406. None of the funds provided by this Act or previous
Acts making appropriations for the National Labor Relations Board
may be used to issue any new administrative directive or regulation
that would provide employees any means of voting through any
electronic means in an election to determine a representative for
the purposes of collective bargaining.
NATIONAL MEDIATION BOARD
SALARIES AND EXPENSES
For expenses necessary to carry out the provisions of the Railway Labor Act, including emergency boards appointed by the President, $13,800,000.
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PUBL031
131 STAT. 558
PUBLIC LAW 115–31—MAY 5, 2017
OCCUPATIONAL SAFETY
AND
HEALTH REVIEW COMMISSION
SALARIES AND EXPENSES
For expenses necessary for the Occupational Safety and Health
Review Commission, $13,225,000.
RAILROAD RETIREMENT BOARD
DUAL BENEFITS PAYMENTS ACCOUNT
For payment to the Dual Benefits Payments Account, authorized under section 15(d) of the Railroad Retirement Act of 1974,
$25,000,000, which shall include amounts becoming available in
fiscal year 2017 pursuant to section 224(c)(1)(B) of Public Law
98–76; and in addition, an amount, not to exceed 2 percent of
the amount provided herein, shall be available proportional to the
amount by which the product of recipients and the average benefit
received exceeds the amount available for payment of vested dual
benefits: Provided, That the total amount provided herein shall
be credited in 12 approximately equal amounts on the first day
of each month in the fiscal year.
FEDERAL PAYMENTS TO THE RAILROAD RETIREMENT ACCOUNTS
For payment to the accounts established in the Treasury for
the payment of benefits under the Railroad Retirement Act for
interest earned on unnegotiated checks, $150,000, to remain available through September 30, 2018, which shall be the maximum
amount available for payment pursuant to section 417 of Public
Law 98–76.
LIMITATION ON ADMINISTRATION
For necessary expenses for the Railroad Retirement Board
(‘‘Board’’) for administration of the Railroad Retirement Act and
the Railroad Unemployment Insurance Act, $113,500,000, to be
derived in such amounts as determined by the Board from the
railroad retirement accounts and from moneys credited to the railroad unemployment insurance administration fund: Provided, That
notwithstanding section 7(b)(9) of the Railroad Retirement Act this
limitation may be used to hire attorneys only through the excepted
service: Provided further, That the previous proviso shall not change
the status under Federal employment laws of any attorney hired
by the Railroad Retirement Board prior to January 1, 2013.
LIMITATION ON THE OFFICE OF INSPECTOR GENERAL
For expenses necessary for the Office of Inspector General
for audit, investigatory and review activities, as authorized by the
Inspector General Act of 1978, not more than $10,000,000, to be
derived from the railroad retirement accounts and railroad
unemployment insurance account.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 559
SOCIAL SECURITY ADMINISTRATION
PAYMENTS TO SOCIAL SECURITY TRUST FUNDS
For payment to the Federal Old-Age and Survivors Insurance
Trust Fund and the Federal Disability Insurance Trust Fund, as
provided under sections 201(m) and 1131(b)(2) of the Social Security
Act, $11,400,000.
SUPPLEMENTAL SECURITY INCOME PROGRAM
For carrying out titles XI and XVI of the Social Security Act,
section 401 of Public Law 92–603, section 212 of Public Law 93–
66, as amended, and section 405 of Public Law 95–216, including
payment to the Social Security trust funds for administrative
expenses incurred pursuant to section 201(g)(1) of the Social Security Act, $43,618,163,000, to remain available until expended: Provided, That any portion of the funds provided to a State in the
current fiscal year and not obligated by the State during that
year shall be returned to the Treasury: Provided further, That
not more than $58,000,000 shall be available for research and
demonstrations under sections 1110, 1115, and 1144 of the Social
Security Act, and remain available through September 30, 2019.
For making, after June 15 of the current fiscal year, benefit
payments to individuals under title XVI of the Social Security
Act, for unanticipated costs incurred for the current fiscal year,
such sums as may be necessary.
For making benefit payments under title XVI of the Social
Security Act for the first quarter of fiscal year 2018,
$15,000,000,000, to remain available until expended.
Effective date.
LIMITATION ON ADMINISTRATIVE EXPENSES
For necessary expenses, including the hire of two passenger
motor vehicles, and not to exceed $20,000 for official reception
and representation expenses, not more than $12,357,945,000 may
be expended, as authorized by section 201(g)(1) of the Social Security Act, from any one or all of the trust funds referred to in
such section: Provided, That not less than $2,300,000 shall be
for the Social Security Advisory Board: Provided further, That,
$90,000,000 to remain available through September 30, 2018, shall
be used for activities to address the hearing backlog within the
Office of Disability Adjudication and Review: Provided further, That
unobligated balances of funds provided under this paragraph at
the end of fiscal year 2017 not needed for fiscal year 2017 shall
remain available until expended to invest in the Social Security
Administration information technology and telecommunications
hardware and software infrastructure, including related equipment
and non-payroll administrative expenses associated solely with this
information technology and telecommunications infrastructure: Provided further, That the Commissioner of Social Security shall notify
the Committees on Appropriations of the House of Representatives
and the Senate prior to making unobligated balances available
under the authority in the previous proviso: Provided further, That
reimbursement to the trust funds under this heading for expenditures for official time for employees of the Social Security Administration pursuant to 5 U.S.C. 7131, and for facilities or support
services for labor organizations pursuant to policies, regulations,
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Notification.
PUBL031
131 STAT. 560
Reports.
PUBLIC LAW 115–31—MAY 5, 2017
or procedures referred to in section 7135(b) of such title shall
be made by the Secretary of the Treasury, with interest, from
amounts in the general fund not otherwise appropriated, as soon
as possible after such expenditures are made.
Of the total amount made available under this heading, not
more than $1,819,000,000, to remain available through March 31,
2018, is for the costs associated with continuing disability reviews
under titles II and XVI of the Social Security Act, including workrelated continuing disability reviews to determine whether earnings
derived from services demonstrate an individual’s ability to engage
in substantial gainful activity, for the cost associated with conducting redeterminations of eligibility under title XVI of the Social
Security Act, for the cost of co-operative disability investigation
units, and for the cost associated with the prosecution of fraud
in the programs and operations of the Social Security Administration by Special Assistant United States Attorneys: Provided, That,
of such amount, $273,000,000 is provided to meet the terms of
section 251(b)(2)(B)(ii)(III) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended, and $1,546,000,000 is
additional new budget authority specified for purposes of section
251(b)(2)(B) of such Act: Provided further, That the Commissioner
shall provide to the Congress (at the conclusion of the fiscal year)
a report on the obligation and expenditure of these funds, similar
to the reports that were required by section 103(d)(2) of Public
Law 104–121 for fiscal years 1996 through 2002.
In addition, $123,000,000 to be derived from administration
fees in excess of $5.00 per supplementary payment collected pursuant to section 1616(d) of the Social Security Act or section 212(b)(3)
of Public Law 93–66, which shall remain available until expended.
To the extent that the amounts collected pursuant to such sections
in fiscal year 2017 exceed $123,000,000, the amounts shall be
available in fiscal year 2018 only to the extent provided in advance
in appropriations Acts.
In addition, up to $1,000,000 to be derived from fees collected
pursuant to section 303(c) of the Social Security Protection Act,
which shall remain available until expended.
OFFICE OF INSPECTOR GENERAL
(INCLUDING TRANSFER OF FUNDS)
Notification.
Time period.
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For expenses necessary for the Office of Inspector General
in carrying out the provisions of the Inspector General Act of
1978, $29,787,000, together with not to exceed $75,713,000, to be
transferred and expended as authorized by section 201(g)(1) of
the Social Security Act from the Federal Old-Age and Survivors
Insurance Trust Fund and the Federal Disability Insurance Trust
Fund.
In addition, an amount not to exceed 3 percent of the total
provided in this appropriation may be transferred from the ‘‘Limitation on Administrative Expenses’’, Social Security Administration,
to be merged with this account, to be available for the time and
purposes for which this account is available: Provided, That notice
of such transfers shall be transmitted promptly to the Committees
on Appropriations of the House of Representatives and the Senate
at least 15 days in advance of any transfer.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 561
TITLE V
GENERAL PROVISIONS
(TRANSFER OF FUNDS)
SEC. 501. The Secretaries of Labor, Health and Human Services, and Education are authorized to transfer unexpended balances
of prior appropriations to accounts corresponding to current appropriations provided in this Act. Such transferred balances shall
be used for the same purpose, and for the same periods of time,
for which they were originally appropriated.
SEC. 502. No part of any appropriation contained in this Act
shall remain available for obligation beyond the current fiscal year
unless expressly so provided herein.
SEC. 503. (a) No part of any appropriation contained in this
Act or transferred pursuant to section 4002 of Public Law 111–
148 shall be used, other than for normal and recognized executivelegislative relationships, for publicity or propaganda purposes, for
the preparation, distribution, or use of any kit, pamphlet, booklet,
publication, electronic communication, radio, television, or video
presentation designed to support or defeat the enactment of legislation before the Congress or any State or local legislature or legislative body, except in presentation to the Congress or any State
or local legislature itself, or designed to support or defeat any
proposed or pending regulation, administrative action, or order
issued by the executive branch of any State or local government,
except in presentation to the executive branch of any State or
local government itself.
(b) No part of any appropriation contained in this Act or transferred pursuant to section 4002 of Public Law 111–148 shall be
used to pay the salary or expenses of any grant or contract recipient,
or agent acting for such recipient, related to any activity designed
to influence the enactment of legislation, appropriations, regulation,
administrative action, or Executive order proposed or pending before
the Congress or any State government, State legislature or local
legislature or legislative body, other than for normal and recognized
executive-legislative relationships or participation by an agency or
officer of a State, local or tribal government in policymaking and
administrative processes within the executive branch of that government.
(c) The prohibitions in subsections (a) and (b) shall include
any activity to advocate or promote any proposed, pending or future
Federal, State or local tax increase, or any proposed, pending,
or future requirement or restriction on any legal consumer product,
including its sale or marketing, including but not limited to the
advocacy or promotion of gun control.
SEC. 504. The Secretaries of Labor and Education are authorized to make available not to exceed $28,000 and $20,000, respectively, from funds available for salaries and expenses under titles
I and III, respectively, for official reception and representation
expenses; the Director of the Federal Mediation and Conciliation
Service is authorized to make available for official reception and
representation expenses not to exceed $5,000 from the funds available for ‘‘Federal Mediation and Conciliation Service, Salaries and
Expenses’’; and the Chairman of the National Mediation Board
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Lobbying.
Contracts.
Gun control.
PUBL031
131 STAT. 562
Abortion.
Definition.
Abortion.
Definition.
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PUBLIC LAW 115–31—MAY 5, 2017
is authorized to make available for official reception and representation expenses not to exceed $5,000 from funds available for
‘‘National Mediation Board, Salaries and Expenses’’.
SEC. 505. When issuing statements, press releases, requests
for proposals, bid solicitations and other documents describing
projects or programs funded in whole or in part with Federal
money, all grantees receiving Federal funds included in this Act,
including but not limited to State and local governments and recipients of Federal research grants, shall clearly state—
(1) the percentage of the total costs of the program or
project which will be financed with Federal money;
(2) the dollar amount of Federal funds for the project
or program; and
(3) percentage and dollar amount of the total costs of the
project or program that will be financed by non-governmental
sources.
SEC. 506. (a) None of the funds appropriated in this Act, and
none of the funds in any trust fund to which funds are appropriated
in this Act, shall be expended for any abortion.
(b) None of the funds appropriated in this Act, and none of
the funds in any trust fund to which funds are appropriated in
this Act, shall be expended for health benefits coverage that includes
coverage of abortion.
(c) The term ‘‘health benefits coverage’’ means the package
of services covered by a managed care provider or organization
pursuant to a contract or other arrangement.
SEC. 507. (a) The limitations established in the preceding section shall not apply to an abortion—
(1) if the pregnancy is the result of an act of rape or
incest; or
(2) in the case where a woman suffers from a physical
disorder, physical injury, or physical illness, including a lifeendangering physical condition caused by or arising from the
pregnancy itself, that would, as certified by a physician, place
the woman in danger of death unless an abortion is performed.
(b) Nothing in the preceding section shall be construed as
prohibiting the expenditure by a State, locality, entity, or private
person of State, local, or private funds (other than a State’s or
locality’s contribution of Medicaid matching funds).
(c) Nothing in the preceding section shall be construed as
restricting the ability of any managed care provider from offering
abortion coverage or the ability of a State or locality to contract
separately with such a provider for such coverage with State funds
(other than a State’s or locality’s contribution of Medicaid matching
funds).
(d)(1) None of the funds made available in this Act may be
made available to a Federal agency or program, or to a State
or local government, if such agency, program, or government subjects any institutional or individual health care entity to discrimination on the basis that the health care entity does not provide,
pay for, provide coverage of, or refer for abortions.
(2) In this subsection, the term ‘‘health care entity’’ includes
an individual physician or other health care professional, a hospital,
a provider-sponsored organization, a health maintenance organization, a health insurance plan, or any other kind of health care
facility, organization, or plan.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 563
SEC. 508. (a) None of the funds made available in this Act
may be used for—
(1) the creation of a human embryo or embryos for research
purposes; or
(2) research in which a human embryo or embryos are
destroyed, discarded, or knowingly subjected to risk of injury
or death greater than that allowed for research on fetuses
in utero under 45 CFR 46.204(b) and section 498(b) of the
Public Health Service Act (42 U.S.C. 289g(b)).
(b) For purposes of this section, the term ‘‘human embryo
or embryos’’ includes any organism, not protected as a human
subject under 45 CFR 46 as of the date of the enactment of this
Act, that is derived by fertilization, parthenogenesis, cloning, or
any other means from one or more human gametes or human
diploid cells.
SEC. 509. (a) None of the funds made available in this Act
may be used for any activity that promotes the legalization of
any drug or other substance included in schedule I of the schedules
of controlled substances established under section 202 of the Controlled Substances Act except for normal and recognized executivecongressional communications.
(b) The limitation in subsection (a) shall not apply when there
is significant medical evidence of a therapeutic advantage to the
use of such drug or other substance or that federally sponsored
clinical trials are being conducted to determine therapeutic advantage.
SEC. 510. None of the funds made available in this Act may
be used to promulgate or adopt any final standard under section
1173(b) of the Social Security Act providing for, or providing for
the assignment of, a unique health identifier for an individual
(except in an individual’s capacity as an employer or a health
care provider), until legislation is enacted specifically approving
the standard.
SEC. 511. None of the funds made available in this Act may
be obligated or expended to enter into or renew a contract with
an entity if—
(1) such entity is otherwise a contractor with the United
States and is subject to the requirement in 38 U.S.C. 4212(d)
regarding submission of an annual report to the Secretary
of Labor concerning employment of certain veterans; and
(2) such entity has not submitted a report as required
by that section for the most recent year for which such requirement was applicable to such entity.
SEC. 512. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriation Act.
SEC. 513. None of the funds made available by this Act to
carry out the Library Services and Technology Act may be made
available to any library covered by paragraph (1) of section 224(f)
of such Act, as amended by the Children’s Internet Protection
Act, unless such library has made the certifications required by
paragraph (4) of such section.
SEC. 514. (a) None of the funds provided under this Act, or
provided under previous appropriations Acts to the agencies funded
by this Act that remain available for obligation or expenditure
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Human embryos.
Definition.
Health identifier.
Contracts.
Certifications.
Consultation.
Time periods.
Notification.
PUBL031
131 STAT. 564
Deadline.
Operating plan.
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PUBLIC LAW 115–31—MAY 5, 2017
in fiscal year 2017, or provided from any accounts in the Treasury
of the United States derived by the collection of fees available
to the agencies funded by this Act, shall be available for obligation
or expenditure through a reprogramming of funds that—
(1) creates new programs;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel by any means for any
project or activity for which funds have been denied or
restricted;
(4) relocates an office or employees;
(5) reorganizes or renames offices;
(6) reorganizes programs or activities; or
(7) contracts out or privatizes any functions or activities
presently performed by Federal employees;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
(b) None of the funds provided under this Act, or provided
under previous appropriations Acts to the agencies funded by this
Act that remain available for obligation or expenditure in fiscal
year 2017, or provided from any accounts in the Treasury of the
United States derived by the collection of fees available to the
agencies funded by this Act, shall be available for obligation or
expenditure through a reprogramming of funds in excess of $500,000
or 10 percent, whichever is less, that—
(1) augments existing programs, projects (including
construction projects), or activities;
(2) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(3) results from any general savings from a reduction in
personnel which would result in a change in existing programs,
activities, or projects as approved by Congress;
unless the Committees on Appropriations of the House of Representatives and the Senate are consulted 15 days in advance of such
reprogramming or of an announcement of intent relating to such
reprogramming, whichever occurs earlier, and are notified in writing
10 days in advance of such reprogramming.
SEC. 515. (a) None of the funds made available in this Act
may be used to request that a candidate for appointment to a
Federal scientific advisory committee disclose the political affiliation
or voting history of the candidate or the position that the candidate
holds with respect to political issues not directly related to and
necessary for the work of the committee involved.
(b) None of the funds made available in this Act may be
used to disseminate information that is deliberately false or misleading.
SEC. 516. Within 45 days of enactment of this Act, each department and related agency funded through this Act shall submit
an operating plan that details at the program, project, and activity
level any funding allocations for fiscal year 2017 that are different
than those specified in this Act, the accompanying detailed table
in the explanatory statement described in section 4 (in the matter
preceding division A of this consolidated Act), or the fiscal year
2017 budget request.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 565
SEC. 517. The Secretaries of Labor, Health and Human Services, and Education shall each prepare and submit to the Committees on Appropriations of the House of Representatives and the
Senate a report on the number and amount of contracts, grants,
and cooperative agreements exceeding $500,000 in value and
awarded by the Department on a non-competitive basis during
each quarter of fiscal year 2017, but not to include grants awarded
on a formula basis or directed by law. Such report shall include
the name of the contractor or grantee, the amount of funding,
the governmental purpose, including a justification for issuing the
award on a non-competitive basis. Such report shall be transmitted
to the Committees within 30 days after the end of the quarter
for which the report is submitted.
SEC. 518. None of the funds appropriated in this Act shall
be expended or obligated by the Commissioner of Social Security,
for purposes of administering Social Security benefit payments
under title II of the Social Security Act, to process any claim
for credit for a quarter of coverage based on work performed under
a social security account number that is not the claimant’s number
and the performance of such work under such number has formed
the basis for a conviction of the claimant of a violation of section
208(a)(6) or (7) of the Social Security Act.
SEC. 519. None of the funds appropriated by this Act may
be used by the Commissioner of Social Security or the Social Security Administration to pay the compensation of employees of the
Social Security Administration to administer Social Security benefit
payments, under any agreement between the United States and
Mexico establishing totalization arrangements between the social
security system established by title II of the Social Security Act
and the social security system of Mexico, which would not otherwise
be payable but for such agreement.
SEC. 520. Notwithstanding any other provision of this Act,
no funds appropriated in this Act shall be used to purchase sterile
needles or syringes for the hypodermic injection of any illegal drug:
Provided, That such limitation does not apply to the use of funds
for elements of a program other than making such purchases if
the relevant State or local health department, in consultation with
the Centers for Disease Control and Prevention, determines that
the State or local jurisdiction, as applicable, is experiencing, or
is at risk for, a significant increase in hepatitis infections or an
HIV outbreak due to injection drug use, and such program is
operating in accordance with State and local law.
SEC. 521. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity carrying out criminal investigations, prosecution,
or adjudication activities.
SEC. 522. None of the funds made available under this or
any other Act, or any prior Appropriations Act, may be provided
to the Association of Community Organizations for Reform Now
(ACORN), or any of its affiliates, subsidiaries, allied organizations,
or successors.
SEC. 523. For purposes of carrying out Executive Order 13589,
Office of Management and Budget Memorandum M–12–12 dated
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Reports.
Contracts.
Grants.
Deadline.
Mexico.
Sterile needles.
State and local
governments.
Determination.
Diseases.
Pornography.
ACORN.
PUBL031
131 STAT. 566
Deadline.
Effective date.
Time period.
Reports.
31 USC 1502
note.
42 USC 15001
note.
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PUBLIC LAW 115–31—MAY 5, 2017
May 11, 2012, and requirements contained in the annual appropriations bills relating to conference attendance and expenditures:
(1) the operating divisions of HHS shall be considered
independent agencies; and
(2) attendance at and support for scientific conferences
shall be tabulated separately from and not included in agency
totals.
SEC. 524. Federal agencies funded under this Act shall clearly
state within the text, audio, or video used for advertising or educational purposes, including emails or Internet postings, that the
communication is printed, published, or produced and disseminated
at U.S. taxpayer expense. The funds used by a Federal agency
to carry out this requirement shall be derived from amounts made
available to the agency for advertising or other communications
regarding the programs and activities of the agency.
SEC. 525. (a) Federal agencies may use Federal discretionary
funds that are made available in this Act to carry out up to
10 Performance Partnership Pilots. Such Pilots shall be governed
by the provisions of section 526 of division H of Public Law 113–
76, except that in carrying out such Pilots section 526 shall be
applied by substituting ‘‘FISCAL YEAR 2017’’ for ‘‘FISCAL YEAR 2014’’
in the title of subsection (b) and by substituting ‘‘September 30,
2021’’ for ‘‘September 30, 2018’’ each place it appears: Provided,
That such pilots shall include communities that have experienced
civil unrest.
(b) In addition, Federal agencies may use Federal discretionary
funds that are made available in this Act to participate in Performance Partnership Pilots that are being carried out pursuant to
the authority provided by section 526 of division H of Public Law
113–76, section 524 of division G of Public Law 113–235, and
section 525 of division H of Public Law 114–113.
(c) Pilot sites selected under authorities in this Act and prior
appropriations Acts may be granted by relevant agencies up to
an additional 5 years to operate under such authorities.
SEC. 526. Not later than 30 days after the end of each calendar
quarter, beginning with the first quarter of fiscal year 2013, the
Departments of Labor, Health and Human Services and Education
and the Social Security Administration shall provide the Committees on Appropriations of the House of Representatives and Senate
a quarterly report on the status of balances of appropriations:
Provided, That for balances that are unobligated and uncommitted,
committed, and obligated but unexpended, the quarterly reports
shall separately identify the amounts attributable to each source
year of appropriation (beginning with fiscal year 2012, or, to the
extent feasible, earlier fiscal years) from which balances were
derived.
SEC. 527. Section 5 of the Special Olympics Sport and Empowerment Act of 2004 (Public Law 108–406; 118 Stat. 2296) is
amended—
(1) in paragraph (1), by striking all that follows after ‘‘3(a),’’
and inserting ‘‘such sums as may be necessary for fiscal year
2017 and each of the 4 succeeding fiscal years;’’;
(2) in paragraph (2), by striking all that follows after ‘‘3(b),’’
and inserting ‘‘such sums as may be necessary for fiscal year
2017 and each of the 4 succeeding fiscal years; and’’; and
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 567
(3) in paragraph (3), by striking all that follows after ‘‘3(c),’’
and inserting ‘‘such sums as may be necessary for fiscal year
2017 and each of the 4 succeeding fiscal years.’’.
(RESCISSION)
SEC. 528. Of the funds made available for fiscal year 2017
under section 3403 of Public Law 111–148, $15,000,000 are
rescinded.
SEC. 529. Amounts deposited in the Child Enrollment Contingency Fund from the appropriation to the Fund for the first semiannual allotment period for fiscal year 2017 under section
2104(n)(2)(A)(ii) of the Social Security Act and the income derived
from investment of those funds pursuant to section 2104(n)(2)(C)
of that Act, shall not be available for obligation in this fiscal
year.
(RESCISSION)
SEC. 530. Of any available amounts appropriated under section
108 of Public Law 111–3, as amended, $541,900,000 are hereby
rescinded.
(RESCISSION)
SEC. 531. Of the funds made available for purposes of carrying
out section 2105(a)(3) of the Social Security Act, $5,750,000,000
are hereby rescinded.
(RESCISSION)
SEC. 532. Of any available amounts appropriated under section
301(b)(3) of Public Law 114-10, $1,132,000,000 are hereby rescinded.
SEC. 533. As of the date of enactment of this Act, section
170(b) of the Continuing Appropriations Act, 2017 (division C of
Public Law 114–223), as amended by the Further Continuing and
Security Assistance Appropriations Act, 2017 (Public Law 114-254),
shall no longer have any force or effect: Provided, That any amounts
made available pursuant to that section of that Act as of the
date of enactment of this Act shall remain available until September
30, 2017: Provided further, That if any amounts made available
pursuant to that section of that Act remain unobligated as of
the date of enactment of this Act, then the balances available
from those amounts shall be hereby rescinded immediately upon
enactment of this Act.
This division may be cited as the ‘‘Departments of Labor, Health
and Human Services, and Education, and Related Agencies Appropriations Act, 2017’’.
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PUBL031
131 STAT. 568
PUBLIC LAW 115–31—MAY 5, 2017
DIVISION I—LEGISLATIVE BRANCH APPROPRIATIONS
ACT, 2017
Legislative
Branch
Appropriations
Act, 2017.
2 USC 60a note.
TITLE I
LEGISLATIVE BRANCH
SENATE
EXPENSE ALLOWANCES
For expense allowances of the Vice President, $18,760; the
President Pro Tempore of the Senate, $37,520; Majority Leader
of the Senate, $39,920; Minority Leader of the Senate, $39,920;
Majority Whip of the Senate, $9,980; Minority Whip of the Senate,
$9,980; Chairmen of the Majority and Minority Conference Committees, $4,690 for each Chairman; and Chairmen of the Majority
and Minority Policy Committees, $4,690 for each Chairman; in
all, $174,840.
REPRESENTATION ALLOWANCES FOR THE MAJORITY
LEADERS
AND
MINORITY
For representation allowances of the Majority and Minority
Leaders of the Senate, $14,070 for each such Leader; in all, $28,140.
SALARIES, OFFICERS
AND
EMPLOYEES
For compensation of officers, employees, and others as authorized by law, including agency contributions, $182,287,812, which
shall be paid from this appropriation as follows:
OFFICE OF THE VICE PRESIDENT
For the Office of the Vice President, $2,417,248.
OFFICE OF THE PRESIDENT PRO TEMPORE
For the Office of the President Pro Tempore, $723,466.
OFFICES OF THE MAJORITY AND MINORITY LEADERS
For Offices of the Majority and Minority Leaders, $5,255,576.
OFFICES OF THE MAJORITY AND MINORITY WHIPS
For Offices of the Majority and Minority Whips, $3,359,424.
COMMITTEE ON APPROPRIATIONS
For salaries of the Committee on Appropriations, $15,142,000.
CONFERENCE COMMITTEES
For the Conference of the Majority and the Conference of the
Minority, at rates of compensation to be fixed by the Chairman
of each such committee, $1,658,000 for each such committee; in
all, $3,316,000.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 569
OFFICES OF THE SECRETARIES OF THE CONFERENCE OF THE MAJORITY
AND THE CONFERENCE OF THE MINORITY
For Offices of the Secretaries of the Conference of the Majority
and the Conference of the Minority, $817,402.
POLICY COMMITTEES
For salaries of the Majority Policy Committee and the Minority
Policy Committee, $1,692,905 for each such committee; in all,
$3,385,810.
OFFICE OF THE CHAPLAIN
For Office of the Chaplain, $436,886.
OFFICE OF THE SECRETARY
For Office of the Secretary, $24,772,000.
OFFICE OF THE SERGEANT AT ARMS AND DOORKEEPER
For Office
$70,900,000.
of
the
Sergeant
at
Arms
and
Doorkeeper,
OFFICES OF THE SECRETARIES FOR THE MAJORITY AND MINORITY
For Offices of the Secretary for the Majority and the Secretary
for the Minority, $1,810,000.
AGENCY CONTRIBUTIONS AND RELATED EXPENSES
For agency contributions for employee benefits, as authorized
by law, and related expenses, $49,952,000.
OFFICE
OF THE
LEGISLATIVE COUNSEL
OF THE
SENATE
For salaries and expenses of the Office of the Legislative
Counsel of the Senate, $5,808,500.
OFFICE
OF
SENATE LEGAL COUNSEL
For salaries and expenses of the Office of Senate Legal Counsel,
$1,120,000.
EXPENSE ALLOWANCES OF THE SECRETARY OF THE SENATE, SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE, AND SECRETARIES FOR THE MAJORITY AND MINORITY OF THE SENATE
For expense allowances of the Secretary of the Senate, $7,110;
Sergeant at Arms and Doorkeeper of the Senate, $7,110; Secretary
for the Majority of the Senate, $7,110; Secretary for the Minority
of the Senate, $7,110; in all, $28,440.
CONTINGENT EXPENSES
OF THE
SENATE
INQUIRIES AND INVESTIGATIONS
For expenses of inquiries and investigations ordered by the
Senate, or conducted under paragraph 1 of rule XXVI of the
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131 STAT. 570
PUBLIC LAW 115–31—MAY 5, 2017
Standing Rules of the Senate, section 112 of the Supplemental
Appropriations and Rescission Act, 1980 (Public Law 96–304), and
Senate Resolution 281, 96th Congress, agreed to March 11, 1980,
$133,265,000, of which $26,650,000 shall remain available until
September 30, 2019.
U.S. SENATE CAUCUS ON INTERNATIONAL NARCOTICS CONTROL
For expenses of the United States Senate Caucus on International Narcotics Control, $508,000.
SECRETARY OF THE SENATE
For expenses of the Office of the Secretary of the Senate,
$10,250,000 of which $4,350,000 shall remain available until September 30, 2021 and of which $4,000,000 shall remain available
until expended.
SERGEANT AT ARMS AND DOORKEEPER OF THE SENATE
For expenses of the Office of the Sergeant at Arms and Doorkeeper of the Senate, $126,535,000, which shall remain available
until September 30, 2021.
MISCELLANEOUS ITEMS
For miscellaneous items, $20,870,349 which shall remain available until September 30, 2019.
SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE ACCOUNT
For Senators’ Official Personnel and Office Expense Account,
$390,000,000 of which $19,109,218 shall remain available until
September 30, 2019.
OFFICIAL MAIL COSTS
For expenses necessary for official mail costs of the Senate,
$300,000.
ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN SENATORS’ OFFICIAL PERSONNEL
AND OFFICE EXPENSE ACCOUNT TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE THE FEDERAL DEBT
SEC. 1. Notwithstanding any other provision of law, any
amounts appropriated under this Act under the heading ‘‘SENATE’’
under the heading ‘‘CONTINGENT EXPENSES OF THE SENATE’’ under
the heading ‘‘SENATORS’ OFFICIAL PERSONNEL AND OFFICE EXPENSE
ACCOUNT’’ shall be available for obligation only during the fiscal
year or fiscal years for which such amounts are made available.
Any unexpended balances under such allowances remaining after
the end of the period of availability shall be returned to the
Treasury in accordance with the undesignated paragraph under
the center heading ‘‘GENERAL PROVISION’’ under chapter XI
of the Third Supplemental Appropriation Act, 1957 (2 U.S.C. 4107)
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 571
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
AUTHORITY FOR TRANSFER OF FUNDS
SEC. 2. Section 3(c)(3) of the Legislative Branch Appropriations
Act, 2004 (2 USC 2108(c)(3)) is amended—
(1) in the paragraph heading, by striking ‘‘and disbursements’’ and inserting ‘‘disbursements, and transfers’’; and
(2) by adding at the end the following:
‘‘(D) TRANSFERS.—
‘‘(i) IN GENERAL.—The Commission may, for individual conservation or restoration projects estimated
to cost greater than $100,000, transfer amounts in
the fund to the Architect of the Capitol for the cost
of conservation or restoration, in whole or in part,
by the Architect of the Capitol of works of art, historical
objects, documents, or material relating to historical
matters placed or exhibited, or to be placed or exhibited, within the Senate wing of the United States Capitol or any Senate Office Building.
‘‘(ii) AVAILABILITY.—Amounts transferred to the
Architect of the Capitol under clause (i) and not subject
to return under clause (v) shall remain available until
expended.
‘‘(iii) APPROVAL AND OVERSIGHT OF CONSERVATION
OR RESTORATION.—Before authorizing transfers under
clause (i), in whole or in part, the Commission, or
the chairman and vice chairman acting jointly on
behalf of the Commission and after giving notice to
the Commission, shall review and approve a conservation or restoration project for which such amounts
are intended (referred to in this section as the ‘Project’).
The Commission may require updated reports on the
Project before any additional amounts are transferred
for the Project. No disbursements may be made from
funds transferred under clause (i) that are inconsistent
with the Project approved by the Commission upon
which the relevant transfer is based.
‘‘(iv) ACCEPTANCE OF DONATIONS.—The Commission retains the discretion whether or not to approve
the acceptance of any donation to the fund regardless
of whether the donation is intended for a conservation
or restoration Project under clause (i).
‘‘(v) ISSUANCE OF GUIDELINES.—The Commission
may prescribe such guidelines as it deems necessary
for the approval and transfer of any amounts under
clause (i) and the return of any undisbursed amounts.
‘‘(vi) RETURN OF UNUSED FUNDS.—The Commission
may require the return of amounts transferred to the
Architect of the Capitol under clause (i) and not disbursed pursuant to an approved Project within five
years of the transfer. Such amounts will be returned
to the fund for use or disposition as the Commission
shall determine appropriate. For purposes of this subsection, the Commission may, at any time, specify a
date of return greater than five years from the transfer.
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Notification.
Review.
Deadline.
Determination.
PUBL031
131 STAT. 572
PUBLIC LAW 115–31—MAY 5, 2017
‘‘(vii) DISBURSEMENT AND AUDIT RESPONSIBILITY.—
Once amounts are transferred pursuant to clause (i),
disbursements from transferred funds shall be made
by the Architect of the Capitol upon review of vouchers
by the Architect of the Capitol and not subject to
the audit provisions of clause (c)(6) of this section.
Such disbursements shall be limited to purposes for
which funds may be disbursed pursuant to this section.
‘‘(viii) TERMINATION.—The authority to transfer
amounts to the Architect of the Capitol under clause
(i) shall expire ten years after the date of its initial
enactment. Any amounts transferred prior to the termination of authority to transfer may continue to be
expended in accordance with this section.’’.
HOUSE OF REPRESENTATIVES
SALARIES
AND
EXPENSES
For salaries and expenses of the House of Representatives,
$1,189,050,766, as follows:
HOUSE LEADERSHIP OFFICES
For salaries and expenses, as authorized by law, $22,278,891,
including: Office of the Speaker, $6,645,417, including $25,000 for
official expenses of the Speaker; Office of the Majority Floor Leader,
$2,180,048, including $10,000 for official expenses of the Majority
Leader; Office of the Minority Floor Leader, $7,114,471, including
$10,000 for official expenses of the Minority Leader; Office of the
Majority Whip, including the Chief Deputy Majority Whip,
$1,886,632, including $5,000 for official expenses of the Majority
Whip; Office of the Minority Whip, including the Chief Deputy
Minority Whip, $1,459,639, including $5,000 for official expenses
of the Minority Whip; Republican Conference, $1,505,426; Democratic Caucus, $1,487,258: Provided, That such amount for salaries
and expenses shall remain available from January 3, 2017 until
January 2, 2018.
MEMBERS’ REPRESENTATIONAL ALLOWANCES
INCLUDING MEMBERS’ CLERK HIRE, OFFICIAL EXPENSES
MEMBERS, AND OFFICIAL MAIL
OF
For Members’ representational allowances, including Members’
clerk hire, official expenses, and official mail, $562,632,498.
COMMITTEE EMPLOYEES
STANDING COMMITTEES, SPECIAL
AND
SELECT
For salaries and expenses of standing committees, special and
select, authorized by House resolutions, $127,053,373: Provided,
That such amount shall remain available for such salaries and
expenses until December 31, 2018, except that $3,150,200 of such
amount shall remain available until expended for committee room
upgrading.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
COMMITTEE
ON
131 STAT. 573
APPROPRIATIONS
For salaries and expenses of the Committee on Appropriations,
$23,271,004, including studies and examinations of executive agencies and temporary personal services for such committee, to be
expended in accordance with section 202(b) of the Legislative
Reorganization Act of 1946 and to be available for reimbursement
to agencies for services performed: Provided, That such amount
shall remain available for such salaries and expenses until
December 31, 2018.
SALARIES, OFFICERS
AND
EMPLOYEES
For compensation and expenses of officers and employees, as
authorized by law, $181,487,000, including: for salaries and
expenses of the Office of the Clerk, including the positions of the
Chaplain and the Historian, and including not more than $25,000
for official representation and reception expenses, of which not
more than $20,000 is for the Family Room and not more than
$2,000 is for the Office of the Chaplain, $26,268,000; for salaries
and expenses of the Office of the Sergeant at Arms, including
the position of Superintendent of Garages and the Office of Emergency Management, and including not more than $3,000 for official
representation and reception expenses, $15,505,000, of which
$5,618,902 shall remain available until expended; for salaries and
expenses of the Office of the Chief Administrative Officer including
not more than $3,000 for official representation and reception
expenses, $117,165,000, of which $2,120,000 shall remain available
until expended; for salaries and expenses of the Office of the
Inspector General, $4,963,000; for salaries and expenses of the
Office of the General Counsel, $1,444,000; for salaries and expenses
of the Office of the Parliamentarian, including the Parliamentarian,
$2,000 for preparing the Digest of Rules, and not more than $1,000
for official representation and reception expenses, $1,999,000; for
salaries and expenses of the Office of the Law Revision Counsel
of the House, $3,167,000; for salaries and expenses of the Office
of the Legislative Counsel of the House, $8,979,000; for salaries
and expenses of the Office of Interparliamentary Affairs, $814,000;
and for other authorized employees, $1,183,000.
ALLOWANCES
AND
EXPENSES
For allowances and expenses as authorized by House resolution
or law, $272,328,000, including: supplies, materials, administrative
costs and Federal tort claims, $3,625,000; official mail for committees, leadership offices, and administrative offices of the House,
$190,000; Government contributions for health, retirement, Social
Security, and other applicable employee benefits, $245,334,000, to
remain available until March 31, 2018; Business Continuity and
Disaster Recovery, $16,217,000, of which $5,000,000 shall remain
available until expended; transition activities for new Members
and staff $2,084,000, to remain available until expended; Wounded
Warrior Program $2,500,000, to remain available until expended;
Office of Congressional Ethics, $1,658,000; and miscellaneous items
including purchase, exchange, maintenance, repair and operation
of House motor vehicles, interparliamentary receptions, and gratuities to heirs of deceased employees of the House, $720,000.
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PUBL031
131 STAT. 574
PUBLIC LAW 115–31—MAY 5, 2017
ADMINISTRATIVE PROVISIONS
REQUIRING AMOUNTS REMAINING IN MEMBERS’ REPRESENTATIONAL
ALLOWANCES TO BE USED FOR DEFICIT REDUCTION OR TO REDUCE
THE FEDERAL DEBT
SEC. 101. (a) Notwithstanding any other provision of law, any
amounts appropriated under this Act for ‘‘HOUSE OF REPRESENTATIVES—SALARIES AND EXPENSES—MEMBERS’ REPRESENTATIONAL ALLOWANCES’’ shall be available only for fiscal year 2017.
Any amount remaining after all payments are made under such
allowances for fiscal year 2017 shall be deposited in the Treasury
and used for deficit reduction (or, if there is no Federal budget
deficit after all such payments have been made, for reducing the
Federal debt, in such manner as the Secretary of the Treasury
considers appropriate).
(b) REGULATIONS.—The Committee on House Administration
of the House of Representatives shall have authority to prescribe
regulations to carry out this section.
(c) DEFINITION.—As used in this section, the term ‘‘Member
of the House of Representatives’’ means a Representative in, or
a Delegate or Resident Commissioner to, the Congress.
DELIVERY OF BILLS AND RESOLUTIONS
SEC. 102. None of the funds made available in this Act may
be used to deliver a printed copy of a bill, joint resolution, or
resolution to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress)
unless the Member requests a copy.
DELIVERY OF CONGRESSIONAL RECORD
SEC. 103. None of the funds made available by this Act may
be used to deliver a printed copy of any version of the Congressional
Record to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
LIMITATION ON AMOUNT AVAILABLE TO LEASE VEHICLES
SEC. 104. None of the funds made available in this Act may
be used by the Chief Administrative Officer of the House of Representatives to make any payments from any Members’ Representational Allowance for the leasing of a vehicle, excluding mobile
district offices, in an aggregate amount that exceeds $1,000 for
the vehicle in any month.
LIMITATION ON PRINTED COPIES OF U.S. CODE TO HOUSE
SEC. 105. None of the funds made available by this Act may
be used to provide an aggregate number of more than 50 printed
copies of any edition of the United States Code to all offices of
the House of Representatives.
DELIVERY OF REPORTS OF DISBURSEMENTS
SEC. 106. None of the funds made available by this Act may
be used to deliver a printed copy of the report of disbursements
for the operations of the House of Representatives under section
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 575
106 of the House of Representatives Administrative Reform Technical Corrections Act (2 U.S.C. 5535) to the office of a Member
of the House of Representatives (including a Delegate or Resident
Commissioner to the Congress).
DELIVERY OF DAILY CALENDAR
SEC. 107. None of the funds made available by this Act may
be used to deliver to the office of a Member of the House of
Representatives (including a Delegate or Resident Commissioner
to the Congress) a printed copy of the Daily Calendar of the House
of Representatives which is prepared by the Clerk of the House
of Representatives.
DELIVERY OF CONGRESSIONAL PICTORIAL DIRECTORY
SEC. 108. None of the funds made available by this Act may
be used to deliver a printed copy of the Congressional Pictorial
Directory to the office of a Member of the House of Representatives
(including a Delegate or Resident Commissioner to the Congress).
DELIVERY OF HOUSE TELEPHONE DIRECTORY
SEC. 109. None of the funds made available by this Act may
be used to deliver a printed copy of the United States House
of Representatives Telephone Directory to the office of any Member
of the House of Representatives (including a Delegate or Resident
Commissioner to the Congress).
OVERSEAS TRAVEL TO ACCOMPANY MEMBERS OF HOUSE LEADERSHIP
SEC. 110. (a) TRAVEL AUTHORIZED.—
(1) IN GENERAL.—A member of the Capitol Police may
travel outside of the United States for official duty if—
(A) that travel is with, or in preparation for, travel
of a Member of the House of Representatives who holds
a position in a House Leadership Office, including travel
of the Member as part of a congressional delegation; and
(B) the Sergeant at Arms of the House of Representatives gives prior approval to the travel of the member
of the Capitol Police.
(2) DEFINITIONS.—In this subsection—
(A) the term ‘‘House Leadership office’’ means an office
of the House of Representatives for which the appropriation
for salaries and expenses of the office for the year involved
is provided under the heading ‘‘House Leadership Offices’’
in the act making appropriations for the Legislative Branch
for the fiscal year involved;
(B) the term ‘‘Member of the House of Representatives’’
includes a Delegate or Resident Commissioner to the Congress; and
(C) the term ‘‘United States’’ means each of the several
States of the United States, the District of Columbia, and
the territories and possessions of the United States.
(b) REIMBURSEMENT FROM SERGEANT AT ARMS.—
(1) IN GENERAL.—From amounts made available for salaries
and expenses of the Office of the Sergeant at Arms of the
House of Representatives, the Sergeant at Arms of the House
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2 USC 1975a.
PUBL031
131 STAT. 576
PUBLIC LAW 115–31—MAY 5, 2017
of Representatives shall reimburse the Capitol Police for the
overtime pay, travel, and related expenses of any member of
the Capitol Police who travels under the authority of this
section.
(2) USE OF AMOUNTS RECEIVED.—Any amounts received
by the Capitol Police for reimbursements under paragraph (1)
shall be credited to the accounts established for the general
expenses or salaries of the Capitol Police, and shall be available
to carry out the purposes of such accounts during the fiscal
year in which the amounts are received and the following
fiscal year.
(c) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.
DELIVERY OF PRINTED BUDGET
SEC. 111. None of the funds made available by this Act may
be used to deliver a printed copy of the Budget of the United
States Government; Analytical Perspectives, Budget of the United
States Government; or the Appendix, Budget of the United States
Government, to the office of any Member of the House of Representatives (including a Delegate or Resident Commissioner to the Congress).
DELIVERY OF PRINTED FEDERAL REGISTER
SEC. 112. None of the funds made available by this Act may
be used to deliver a printed copy of the Federal Register to a
Member of the House of Representatives (including a Delegate
or Resident Commissioner to the Congress) unless the Member
requests a copy.
CYBERSECURITY ASSISTANCE FOR HOUSE OF REPRESENTATIVES
Applicability.
SEC. 113. The head of any Federal entity that provides assistance to the House of Representatives in the House’s efforts to
deter, prevent, mitigate, or remediate cybersecurity risks to, and
incidents involving, the information systems of the House shall
take all necessary steps to ensure the constitutional integrity of
the separate branches of the government at all stages of providing
the assistance, including applying minimization procedures to limit
the spread or sharing of privileged House and Member information.
JOINT ITEMS
For Joint Committees, as follows:
JOINT ECONOMIC COMMITTEE
For salaries and expenses of the Joint Economic Committee,
$4,203,000, to be disbursed by the Secretary of the Senate.
JOINT COMMITTEE
ON
TAXATION
For salaries and expenses of the Joint Committee on Taxation,
$10,095,000, to be disbursed by the Chief Administrative Officer
of the House of Representatives.
For other joint items, as follows:
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PUBLIC LAW 115–31—MAY 5, 2017
OFFICE
OF THE
131 STAT. 577
ATTENDING PHYSICIAN
For medical supplies, equipment, and contingent expenses of
the emergency rooms, and for the Attending Physician and his
assistants, including:
(1) an allowance of $2,175 per month to the Attending
Physician;
(2) an allowance of $1,300 per month to the Senior Medical
Officer;
(3) an allowance of $725 per month each to three medical
officers while on duty in the Office of the Attending Physician;
(4) an allowance of $725 per month to 2 assistants and
$580 per month each not to exceed 11 assistants on the basis
heretofore provided for such assistants; and
(5) $2,780,000 for reimbursement to the Department of
the Navy for expenses incurred for staff and equipment
assigned to the Office of the Attending Physician, which shall
be advanced and credited to the applicable appropriation or
appropriations from which such salaries, allowances, and other
expenses are payable and shall be available for all the purposes
thereof, $3,838,000, to be disbursed by the Chief Administrative
Officer of the House of Representatives.
OFFICE
OF
CONGRESSIONAL ACCESSIBILITY SERVICES
SALARIES
AND
EXPENSES
For salaries and expenses of the Office of Congressional Accessibility Services, $1,429,000, to be disbursed by the Secretary of
the Senate.
CAPITOL POLICE
SALARIES
For salaries of employees of the Capitol Police, including overtime, hazardous duty pay, and Government contributions for health,
retirement, social security, professional liability insurance, and
other applicable employee benefits, $325,300,000 of which overtime
shall not exceed $36,805,000 unless the Committee on Appropriations of the House and Senate are notified, to be disbursed by
the Chief of the Capitol Police or his designee.
Notification.
GENERAL EXPENSES
For necessary expenses of the Capitol Police, including motor
vehicles, communications and other equipment, security equipment
and installation, uniforms, weapons, supplies, materials, training,
medical services, forensic services, stenographic services, personal
and professional services, the employee assistance program, the
awards program, postage, communication services, travel advances,
relocation of instructor and liaison personnel for the Federal Law
Enforcement Training Center, and not more than $5,000 to be
expended on the certification of the Chief of the Capitol Police
in connection with official representation and reception expenses,
$68,000,000, to be disbursed by the Chief of the Capitol Police
or his designee: Provided, That, notwithstanding any other provision
of law, the cost of basic training for the Capitol Police at the
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PUBL031
131 STAT. 578
PUBLIC LAW 115–31—MAY 5, 2017
Federal Law Enforcement Training Center for fiscal year 2017
shall be paid by the Secretary of Homeland Security from funds
available to the Department of Homeland Security.
ADMINISTRATIVE PROVISION
AUTHORITY TO DISPOSE OF FORFEITED AND ABANDONED PROPERTY
AND TO ACCEPT SURPLUS OR OBSOLETE PROPERTY OFFERED BY
OTHER FEDERAL AGENCIES
Notification.
2 USC 1982.
Applicability.
2 USC 1906 note.
SEC. 1001. (a) Section 1003(a) of the Legislative Branch Appropriations Act, 2003 (2 U.S.C. 1906(a)) is amended by striking ‘‘surplus or obsolete property of the Capitol Police’’ and inserting the
following: ‘‘surplus or obsolete property of the Capitol Police, and
property which is in the possession of the Capitol Police because
it has been disposed, forfeited, voluntarily abandoned, or
unclaimed,’’.
(b) Upon notifying the Committees of Appropriations of the
House of Representatives and Senate, the United States Capitol
Police may accept surplus or obsolete property offered by another
Federal department, agency, or office.
(c) This section and the amendment made by this section shall
apply with respect to fiscal year 2017 and each succeeding fiscal
year.
OFFICE OF COMPLIANCE
SALARIES
AND
EXPENSES
For salaries and expenses of the Office of Compliance, as
authorized by section 305 of the Congressional Accountability Act
of 1995 (2 U.S.C. 1385), $3,959,000, of which $450,000 shall remain
available until September 30, 2018: Provided, That not more than
$500 may be expended on the certification of the Executive Director
of the Office of Compliance in connection with official representation
and reception expenses.
CONGRESSIONAL BUDGET OFFICE
SALARIES
AND
EXPENSES
For salaries and expenses necessary for operation of the
Congressional Budget Office, including not more than $6,000 to
be expended on the certification of the Director of the Congressional
Budget Office in connection with official representation and reception expenses, $46,500,000.
Certification.
ADMINISTRATIVE PROVISION
ESTABLISHMENT OF SENIOR LEVEL POSITIONS
2 USC 613 note.
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SEC. 1101. (a) Notwithstanding the fourth sentence of section
201(b) of the Congressional Budget and Impoundment Control Act
of 1974 (2 U.S.C. 601(b)), the Director of the Congressional Budget
Office may establish and fix the compensation of senior level positions in the Congressional Budget Office to meet critical scientific,
technical, professional, or executive needs of the Office.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 579
(b) LIMITATION ON COMPENSATION.—The annual rate of pay
for any position established under this section may not exceed
the annual rate of pay for level II of the Executive Schedule.
(c) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.
ARCHITECT OF THE CAPITOL
CAPITAL CONSTRUCTION
AND
OPERATIONS
For salaries for the Architect of the Capitol, and other personal
services, at rates of pay provided by law; for all necessary expenses
for surveys and studies, construction, operation, and general and
administrative support in connection with facilities and activities
under the care of the Architect of the Capitol including the Botanic
Garden; electrical substations of the Capitol, Senate and House
office buildings, and other facilities under the jurisdiction of the
Architect of the Capitol; including furnishings and office equipment;
including not more than $5,000 for official reception and representation expenses, to be expended as the Architect of the Capitol may
approve; for purchase or exchange, maintenance, and operation
of a passenger motor vehicle, $92,957,000, of which $1,368,000
shall remain available until September 30, 2021.
CAPITOL BUILDING
For all necessary expenses for the maintenance, care and operation of the Capitol, $32,584,000, of which $8,584,000 shall remain
available until September 30, 2021.
CAPITOL GROUNDS
For all necessary expenses for care and improvement of grounds
surrounding the Capitol, the Senate and House office buildings,
and the Capitol Power Plant, $12,826,000, of which $2,946,000
shall remain available until September 30, 2021.
SENATE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of Senate office buildings; and furniture and furnishings to
be expended under the control and supervision of the Architect
of the Capitol, $88,406,000, of which $27,944,000 shall remain
available until September 30, 2021.
HOUSE OFFICE BUILDINGS
For all necessary expenses for the maintenance, care and operation of the House office buildings, $185,731,000, of which
$61,404,000 shall remain available until September 30, 2021, and
of which $62,000,000 shall remain available until expended for
the restoration and renovation of the Cannon House Office Building.
In addition, for a payment to the House Historic Buildings
Revitalization Trust Fund, $17,000,000, to remain available until
expended.
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PUBLIC LAW 115–31—MAY 5, 2017
CAPITOL POWER PLANT
For all necessary expenses for the maintenance, care and operation of the Capitol Power Plant; lighting, heating, power (including
the purchase of electrical energy) and water and sewer services
for the Capitol, Senate and House office buildings, Library of Congress buildings, and the grounds about the same, Botanic Garden,
Senate garage, and air conditioning refrigeration not supplied from
plants in any of such buildings; heating the Government Publishing
Office and Washington City Post Office, and heating and chilled
water for air conditioning for the Supreme Court Building, the
Union Station complex, the Thurgood Marshall Federal Judiciary
Building and the Folger Shakespeare Library, expenses for which
shall be advanced or reimbursed upon request of the Architect
of the Capitol and amounts so received shall be deposited into
the Treasury to the credit of this appropriation, $86,646,000, of
which $9,505,000 shall remain available until September 30, 2021:
Provided, That not more than $9,000,000 of the funds credited
or to be reimbursed to this appropriation as herein provided shall
be available for obligation during fiscal year 2017.
LIBRARY BUILDINGS
AND
GROUNDS
For all necessary expenses for the mechanical and structural
maintenance, care and operation of the Library buildings and
grounds, $47,080,000, of which $22,137,000 shall remain available
until September 30, 2021.
CAPITOL POLICE BUILDINGS, GROUNDS
AND
SECURITY
For all necessary expenses for the maintenance, care and operation of buildings, grounds and security enhancements of the United
States Capitol Police, wherever located, the Alternate Computing
Facility, and Architect of the Capitol security operations,
$20,033,000, of which $2,500,000 shall remain available until September 30, 2021.
BOTANIC GARDEN
For all necessary expenses for the maintenance, care and operation of the Botanic Garden and the nurseries, buildings, grounds,
and collections; and purchase and exchange, maintenance, repair,
and operation of a passenger motor vehicle; all under the direction
of the Joint Committee on the Library, $14,067,000, of which
$4,054,000 shall remain available until September 30, 2021: Provided, That, of the amount made available under this heading,
the Architect of the Capitol may obligate and expend such sums
as may be necessary for the maintenance, care and operation of
the National Garden established under section 307E of the Legislative Branch Appropriations Act, 1989 (2 U.S.C. 2146), upon vouchers
approved by the Architect of the Capitol or a duly authorized
designee.
CAPITOL VISITOR CENTER
For all necessary expenses for the operation of the Capitol
Visitor Center, $20,557,000.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 581
ADMINISTRATIVE PROVISIONS
NO BONUSES FOR CONTRACTORS BEHIND SCHEDULE OR OVER BUDGET
SEC. 1201. None of the funds made available in this Act for
the Architect of the Capitol may be used to make incentive or
award payments to contractors for work on contracts or programs
for which the contractor is behind schedule or over budget, unless
the Architect of the Capitol, or agency-employed designee, determines that any such deviations are due to unforeseeable events,
government-driven scope changes, or are not significant within the
overall scope of the project and/or program.
SCRIMS
SEC. 1202. None of the funds made available by this Act may
be used for scrims containing photographs of building facades during
restoration or construction projects performed by the Architect of
the Capitol.
FLAG OFFICE REVOLVING FUND
SEC. 1203. (a) ESTABLISHMENT.—There is established in the
Treasury of the United States a revolving fund to be known as
the ‘‘Flag Office Revolving Fund’’ (in this section referred to as
the ‘‘Fund’’) for services provided by the Flag Office of the Architect
of the Capitol (in this section referred to as the ‘‘Flag Office’’).
(b) DEPOSIT OF FEES.—The Architect of the Capitol shall deposit
any fees charged for services described in subsection (a) into the
Fund.
(c) CONTENTS OF FUND.—The Fund shall consist of the following
amounts:
(1) Amounts deposited by the Architect of the Capitol under
subsection (b).
(2) Any other amounts received by the Architect of the
Capitol which are attributable to services provided by the Flag
Office.
(3) Such other amounts as may be appropriated under
law.
(d) USE OF AMOUNTS IN FUND.—Amounts in the Fund shall
be available for disbursement by the Architect of the Capitol, without fiscal year limitation, for expenses in connection with the services provided by the Flag Office, including—
(1) supplies, inventories, equipment, and other expenses;
(2) the reimbursement of any applicable appropriations
account for amounts used from such appropriations account
to pay the salaries of employees of the Flag Office; and
(3) amounts necessary to carry out the authorized levels
in the Fallen Heroes Flag Act of 2016.
2 USC 1867 note.
USE OF EXPIRED FUNDS FOR UNEMPLOYMENT COMPENSATION
PAYMENTS
SEC. 1204. (a) Available balances of expired Architect of the
Capitol appropriations shall be available to the Architect of the
Capitol for reimbursing the Federal Employees Compensation
Account (as established by section 909 of the Social Security Act)
for any amounts paid with respect to unemployment compensation
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2 USC 1872.
PUBL031
131 STAT. 582
PUBLIC LAW 115–31—MAY 5, 2017
payments for former employees of the Architect of the Capitol,
notwithstanding any other provision of law, without regard to the
fiscal year for which the obligation to make such payments is
incurred.
(b) This section shall apply with respect to fiscal year 2017
and each succeeding fiscal year.
Applicability.
ARCHITECT OF THE CAPITOL CONTRACTING
Procedures.
Determination.
Notice.
Lists.
SEC. 1205. In addition to recourses available under current
policies and procedures, the Architect of the Capitol shall establish,
document, and follow policies and procedures for suspension and
debarment of firms or individuals the Architect has determined
should be excluded from future contracts. The Architect shall provide for notice to other government agencies of suspension or debarment actions taken via the government-wide excluded parties
system administered by the General Services Administration. The
Architect shall consult the list of excluded parties when making
responsibility determinations prior to the award of any contract.
AUTHORITY FOR A HOUSE OFFICE BUILDINGS SHUTTLE
Applicability.
2 USC 2163 note.
SEC. 1206. (a) The proviso in the item relating to ‘‘Capitol
Grounds’’ in title VI of the Legislative Branch Appropriations Act,
1977 (90 Stat. 1453; 2 U.S.C. 2163) is amended by striking ‘‘appropriated under this heading’’ and inserting ‘‘appropriated for any
available account of the Architect of the Capitol’’.
(b) The amendment made by subsection (a) shall apply with
respect to fiscal year 2017 and each succeeding fiscal year.
LIBRARY OF CONGRESS
SALARIES
AND
EXPENSES
For all necessary expenses of the Library of Congress not
otherwise provided for, including development and maintenance
of the Library’s catalogs; custody and custodial care of the Library
buildings; special clothing; cleaning, laundering and repair of uniforms; preservation of motion pictures in the custody of the Library;
operation and maintenance of the American Folklife Center in
the Library; preparation and distribution of catalog records and
other publications of the Library; hire or purchase of one passenger
motor vehicle; and expenses of the Library of Congress Trust Fund
Board not properly chargeable to the income of any trust fund
held by the Board, $457,017,000, of which not more than $6,000,000
shall be derived from collections credited to this appropriation
during fiscal year 2017, and shall remain available until expended,
under the Act of June 28, 1902 (chapter 1301; 32 Stat. 480; 2
U.S.C. 150) and not more than $350,000 shall be derived from
collections during fiscal year 2017 and shall remain available until
expended for the development and maintenance of an international
legal information database and activities related thereto: Provided,
That the Library of Congress may not obligate or expend any
funds derived from collections under the Act of June 28, 1902,
in excess of the amount authorized for obligation or expenditure
in appropriations Acts: Provided further, That the total amount
available for obligation shall be reduced by the amount by which
collections are less than $6,350,000: Provided further, That of the
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 583
total amount appropriated, not more than $12,000 may be expended,
on the certification of the Librarian of Congress, in connection
with official representation and reception expenses for the Overseas
Field Offices: Provided further, That of the total amount appropriated, $8,444,000 shall remain available until expended for the
digital collections and educational curricula program: Provided further, That of the total amount appropriated, $1,300,000 shall remain
available until expended for upgrade of the Legislative Branch
Financial Management System: Provided further, That of the total
amount appropriated, $4,039,000 shall remain available until September 30, 2019 to complete the first of three phases of the shelving
replacement in the Law Library’s collection storage areas.
COPYRIGHT OFFICE
SALARIES AND EXPENSES
For all necessary expenses of the Copyright Office, $68,825,000,
of which not more than $33,619,000, to remain available until
expended, shall be derived from collections credited to this appropriation during fiscal year 2017 under section 708(d) of title 17,
United States Code: Provided, That the Copyright Office may not
obligate or expend any funds derived from collections under such
section, in excess of the amount authorized for obligation or expenditure in appropriations Acts: Provided further, That not more than
$5,929,000 shall be derived from collections during fiscal year 2017
under sections 111(d)(2), 119(b)(3), 803(e), 1005, and 1316 of such
title: Provided further, That the total amount available for obligation
shall be reduced by the amount by which collections are less than
$39,548,000: Provided further, That $6,179,000 shall be derived
from prior year unobligated balances: Provided further, That not
more than $100,000 of the amount appropriated is available for
the maintenance of an ‘‘International Copyright Institute’’ in the
Copyright Office of the Library of Congress for the purpose of
training nationals of developing countries in intellectual property
laws and policies: Provided further, That not more than $6,500
may be expended, on the certification of the Librarian of Congress,
in connection with official representation and reception expenses
for activities of the International Copyright Institute and for copyright delegations, visitors, and seminars: Provided further, That,
notwithstanding any provision of chapter 8 of title 17, United States
Code, any amounts made available under this heading which are
attributable to royalty fees and payments received by the Copyright
Office pursuant to sections 111, 119, and chapter 10 of such title
may be used for the costs incurred in the administration of the
Copyright Royalty Judges program, with the exception of the costs
of salaries and benefits for the Copyright Royalty Judges and staff
under section 802(e).
CONGRESSIONAL RESEARCH SERVICE
SALARIES AND EXPENSES
For all necessary expenses to carry out the provisions of section
203 of the Legislative Reorganization Act of 1946 (2 U.S.C. 166)
and to revise and extend the Annotated Constitution of the United
States of America, $107,945,234: Provided, That no part of such
amount may be used to pay any salary or expense in connection
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Advanced
approval.
PUBL031
131 STAT. 584
PUBLIC LAW 115–31—MAY 5, 2017
with any publication, or preparation of material therefor (except
the Digest of Public General Bills), to be issued by the Library
of Congress unless such publication has obtained prior approval
of either the Committee on House Administration of the House
of Representatives or the Committee on Rules and Administration
of the Senate.
BOOKS
FOR THE
BLIND
AND
PHYSICALLY HANDICAPPED
SALARIES AND EXPENSES
For all necessary expenses to carry out the Act of March 3,
1931 (chapter 400; 46 Stat. 1487; 2 U.S.C. 135a), $50,248,000:
Provided, That of the total amount appropriated, $650,000 shall
be available to contract to provide newspapers to blind and physically handicapped residents at no cost to the individual.
ADMINISTRATIVE PROVISIONS
REIMBURSABLE AND REVOLVING FUND ACTIVITIES
SEC. 1301. (a) IN GENERAL.—For fiscal year 2017, the
obligational authority of the Library of Congress for the activities
described in subsection (b) may not exceed $188,188,000.
(b) ACTIVITIES.—The activities referred to in subsection (a) are
reimbursable and revolving fund activities that are funded from
sources other than appropriations to the Library in appropriations
Acts for the legislative branch.
LIBRARY OF CONGRESS NATIONAL COLLECTION STEWARDSHIP FUND
2 USC 182e.
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SEC. 1302. (a) ESTABLISHMENT.—There is hereby established
in the Treasury of the United States, as an account for the Librarian
of Congress, the ‘‘Library of Congress National Collection Stewardship Fund’’ (hereafter in this section referred to as the ‘‘Fund’’).
(b) CONTENTS OF FUND.—The Fund shall consist of the following
amounts:
(1) Such amounts as may be transferred by the Librarian
from available amounts appropriated for any fiscal year for
the Library of Congress under the heading ‘‘Salaries and
Expenses’’.
(c) USE OF AMOUNTS.—Amounts in the Fund may be used
by the Librarian as follows:
(1) The Librarian may use amounts directly for the purpose
of preparing collection materials of the Library of Congress
for long-term storage.
(2) The Librarian may transfer amounts to the Architect
of the Capitol for the purpose of designing, constructing,
altering, upgrading, and equipping collections preservation and
storage facilities for the Library of Congress, or for the purpose
of acquiring real property by lease for the preservation and
storage of Library of Congress collections in accordance with
section 1102 of the Legislative Branch Appropriations Act, 2009
(2 U.S.C. 1823a).
(d) CONTINUING AVAILABILITY OF FUNDS.—Any amounts in the
Fund shall remain available until expended.
(e) ANNUAL REPORT.—Not later than 180 days after the end
of each fiscal year, the Librarian shall submit a joint report on
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131 STAT. 585
the Fund to the Joint Committee on the Library and the Committees
on Appropriations of the House of Representatives and Senate.
(f) INITIAL 5–YEAR PLAN.—Not later than 6 months after the
date of the enactment of this Act, the Librarian shall submit to
the Joint Committee on the Library and the Committees on Appropriations of the House of Representatives and Senate a report
providing a plan for expenditures from the Fund for the first 5
fiscal years of the Fund’s operation.
(g) NOTIFICATION OF TRANSFERS.—Prior to any transfer into
the Fund, the Librarian shall notify the Joint Committee on the
Library and the Committees on Appropriations of the House and
the Senate of the amount and origin of funds to be transferred.
(h) EFFECTIVE DATE.—This section shall apply with respect
to fiscal year 2017 and each succeeding fiscal year.
Deadline.
GOVERNMENT PUBLISHING OFFICE
CONGRESSIONAL PUBLISHING
(INCLUDING TRANSFER OF FUNDS)
For authorized publishing of congressional information and the
distribution of congressional information in any format; expenses
necessary for preparing the semimonthly and session index to the
Congressional Record, as authorized by law (section 902 of title
44, United States Code); publishing of Government publications
authorized by law to be distributed to Members of Congress; and
publishing, and distribution of Government publications authorized
by law to be distributed without charge to the recipient,
$79,736,000: Provided, That this appropriation shall not be available for paper copies of the permanent edition of the Congressional
Record for individual Representatives, Resident Commissioners or
Delegates authorized under section 906 of title 44, United States
Code: Provided further, That this appropriation shall be available
for the payment of obligations incurred under the appropriations
for similar purposes for preceding fiscal years: Provided further,
That notwithstanding the 2-year limitation under section 718 of
title 44, United States Code, none of the funds appropriated or
made available under this Act or any other Act for printing and
binding and related services provided to Congress under chapter
7 of title 44, United States Code, may be expended to print a
document, report, or publication after the 27-month period beginning on the date that such document, report, or publication is
authorized by Congress to be printed, unless Congress reauthorizes
such printing in accordance with section 718 of title 44, United
States Code: Provided further, That any unobligated or unexpended
balances in this account or accounts for similar purposes for preceding fiscal years may be transferred to the Government Publishing Office Business Operations Revolving Fund for carrying
out the purposes of this heading, subject to the approval of the
Committees on Appropriations of the House of Representatives and
Senate: Provided further, That notwithstanding sections 901, 902,
and 906 of title 44, United States Code, this appropriation may
be used to prepare indexes to the Congressional Record on only
a monthly and session basis.
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Time period.
Effective date.
Approval.
PUBL031
131 STAT. 586
PUBLIC LAW 115–31—MAY 5, 2017
PUBLIC INFORMATION PROGRAMS OF THE SUPERINTENDENT
DOCUMENTS
OF
SALARIES AND EXPENSES
(INCLUDING TRANSFER OF FUNDS)
Approval.
For expenses of the public information programs of the Office
of Superintendent of Documents necessary to provide for the cataloging and indexing of Government publications and their distribution to the public, Members of Congress, other Government agencies, and designated depository and international exchange libraries
as authorized by law, $29,500,000: Provided, That amounts of not
more than $2,000,000 from current year appropriations are authorized for producing and disseminating Congressional serial sets and
other related publications for fiscal years 2015 and 2016 to depository and other designated libraries: Provided further, That any
unobligated or unexpended balances in this account or accounts
for similar purposes for preceding fiscal years may be transferred
to the Government Publishing Office Business Operations Revolving
Fund for carrying out the purposes of this heading, subject to
the approval of the Committees on Appropriations of the House
of Representatives and Senate.
GOVERNMENT PUBLISHING OFFICE BUSINESS OPERATIONS
REVOLVING FUND
Contracts.
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For payment to the Government Publishing Office Business
Operations Revolving Fund, $7,832,000, to remain available until
expended, for information technology development and facilities
repair: Provided, That the Government Publishing Office is hereby
authorized to make such expenditures, within the limits of funds
available and in accordance with law, and to make such contracts
and commitments without regard to fiscal year limitations as provided by section 9104 of title 31, United States Code, as may
be necessary in carrying out the programs and purposes set forth
in the budget for the current fiscal year for the Government Publishing Office Business Operations Revolving Fund: Provided further, That not more than $7,500 may be expended on the certification of the Director of the Government Publishing Office in
connection with official representation and reception expenses: Provided further, That the Business Operations Revolving Fund shall
be available for the hire or purchase of not more than 12 passenger
motor vehicles: Provided further, That expenditures in connection
with travel expenses of the advisory councils to the Director of
the Government Publishing Office shall be deemed necessary to
carry out the provisions of title 44, United States Code: Provided
further, That the Business Operations Revolving Fund shall be
available for temporary or intermittent services under section
3109(b) of title 5, United States Code, but at rates for individuals
not more than the daily equivalent of the annual rate of basic
pay for level V of the Executive Schedule under section 5316 of
such title: Provided further, That activities financed through the
Business Operations Revolving Fund may provide information in
any format: Provided further, That the Business Operations
Revolving Fund and the funds provided under the heading ‘‘Public
Information Programs of the Superintendent of Documents’’ may
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 587
not be used for contracted security services at Government Publishing Office’s passport facility in the District of Columbia.
GOVERNMENT ACCOUNTABILITY OFFICE
SALARIES
AND
EXPENSES
For necessary expenses of the Government Accountability
Office, including not more than $12,500 to be expended on the
certification of the Comptroller General of the United States in
connection with official representation and reception expenses; temporary or intermittent services under section 3109(b) of title 5,
United States Code, but at rates for individuals not more than
the daily equivalent of the annual rate of basic pay for level IV
of the Executive Schedule under section 5315 of such title; hire
of one passenger motor vehicle; advance payments in foreign countries in accordance with section 3324 of title 31, United States
Code; benefits comparable to those payable under sections 901(5),
(6), and (8) of the Foreign Service Act of 1980 (22 U.S.C. 4081(5),
(6), and (8)); and under regulations prescribed by the Comptroller
General of the United States, rental of living quarters in foreign
countries, $544,505,919: Provided, That, in addition, $23,350,000
of payments received under sections 782, 791, 3521, and 9105
of title 31, United States Code, shall be available without fiscal
year limitation: Provided further, That this appropriation and
appropriations for administrative expenses of any other department
or agency which is a member of the National Intergovernmental
Audit Forum or a Regional Intergovernmental Audit Forum shall
be available to finance an appropriate share of either Forum’s
costs as determined by the respective Forum, including necessary
travel expenses of non-Federal participants: Provided further, That
payments hereunder to the Forum may be credited as reimbursements to any appropriation from which costs involved are initially
financed.
OPEN WORLD LEADERSHIP CENTER TRUST FUND
For a payment to the Open World Leadership Center Trust
Fund for financing activities of the Open World Leadership Center
under section 313 of the Legislative Branch Appropriations Act,
2001 (2 U.S.C. 1151), $5,600,000: Provided, That funds made available to support Russian participants shall only be used for those
engaging in free market development, humanitarian activities, and
civic engagement, and shall not be used for officials of the central
government of Russia.
JOHN C. STENNIS CENTER FOR PUBLIC SERVICE TRAINING
AND DEVELOPMENT
For payment to the John C. Stennis Center for Public Service
Development Trust Fund established under section 116 of the John
C. Stennis Center for Public Service Training and Development
Act (2 U.S.C. 1105), $430,000.
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131 STAT. 588
PUBLIC LAW 115–31—MAY 5, 2017
TITLE II
GENERAL PROVISIONS
MAINTENANCE AND CARE OF PRIVATE VEHICLES
SEC. 201. No part of the funds appropriated in this Act shall
be used for the maintenance or care of private vehicles, except
for emergency assistance and cleaning as may be provided under
regulations relating to parking facilities for the House of Representatives issued by the Committee on House Administration and for
the Senate issued by the Committee on Rules and Administration.
FISCAL YEAR LIMITATION
SEC. 202. No part of the funds appropriated in this Act shall
remain available for obligation beyond fiscal year 2017 unless
expressly so provided in this Act.
RATES OF COMPENSATION AND DESIGNATION
SEC. 203. Whenever in this Act any office or position not specifically established by the Legislative Pay Act of 1929 (46 Stat. 32
et seq.) is appropriated for or the rate of compensation or designation of any office or position appropriated for is different from
that specifically established by such Act, the rate of compensation
and the designation in this Act shall be the permanent law with
respect thereto: Provided, That the provisions in this Act for the
various items of official expenses of Members, officers, and committees of the Senate and House of Representatives, and clerk hire
for Senators and Members of the House of Representatives shall
be the permanent law with respect thereto.
CONSULTING SERVICES
SEC. 204. The expenditure of any appropriation under this
Act for any consulting service through procurement contract, under
section 3109 of title 5, United States Code, shall be limited to
those contracts where such expenditures are a matter of public
record and available for public inspection, except where otherwise
provided under existing law, or under existing Executive order
issued under existing law.
COSTS OF LBFMC
SEC. 205. Amounts available for administrative expenses of
any legislative branch entity which participates in the Legislative
Branch Financial Managers Council (LBFMC) established by
charter on March 26, 1996, shall be available to finance an appropriate share of LBFMC costs as determined by the LBFMC, except
that the total LBFMC costs to be shared among all participating
legislative branch entities (in such allocations among the entities
as the entities may determine) may not exceed $2,000.
LIMITATION ON TRANSFERS
SEC. 206. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 589
by, or transfer authority provided in, this Act or any other appropriation Act.
GUIDED TOURS OF THE CAPITOL
SEC. 207. (a) Except as provided in subsection (b), none of
the funds made available to the Architect of the Capitol in this
Act may be used to eliminate or restrict guided tours of the United
States Capitol which are led by employees and interns of offices
of Members of Congress and other offices of the House of Representatives and Senate.
(b) At the direction of the Capitol Police Board, or at the
direction of the Architect of the Capitol with the approval of the
Capitol Police Board, guided tours of the United States Capitol
which are led by employees and interns described in subsection
(a) may be suspended temporarily or otherwise subject to restriction
for security or related reasons to the same extent as guided tours
of the United States Capitol which are led by the Architect of
the Capitol.
COMPUTER NETWORK ACTIVITY
SEC. 208. (a) None of the funds made available in this Act
may be used to maintain or establish a computer network unless
such network blocks the viewing, downloading, and exchanging
of pornography.
(b) Nothing in subsection (a) shall limit the use of funds necessary for any Federal, State, tribal, or local law enforcement agency
or any other entity to carry out criminal investigations, prosecution,
or adjudication activities, or for any committee or other entity
of Congress to carry out investigations or reports on any matter,
or for the Library of Congress or the Copyright Office to carry
out any of its responsibilities under law.
This division may be cited as the ‘‘Legislative Branch
Appropriations Act, 2017’’.
Pornography.
DIVISION J—DEPARTMENT OF STATE, FOREIGN OPERATIONS, AND RELATED PROGRAMS APPROPRIATIONS
ACT, 2017
Department of
State, Foreign
Operations, and
Related
Programs
Appropriations
Act, 2017.
Department of
State
Appropriations
Act, 2017.
TITLE I
DEPARTMENT OF STATE AND RELATED AGENCY
DEPARTMENT OF STATE
ADMINISTRATION
OF
FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
For necessary expenses of the Department of State and the
Foreign Service not otherwise provided for, $6,147,254,000, of which
up to $637,166,000 may remain available until September 30, 2018,
and of which up to $1,899,479,000 may remain available until
expended for Worldwide Security Protection: Provided, That funds
made available under this heading shall be allocated in accordance
with paragraphs (1) through (4) as follows:
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131 STAT. 590
PUBLIC LAW 115–31—MAY 5, 2017
(1) HUMAN RESOURCES.—For necessary expenses for
training, human resources management, and salaries, including
employment without regard to civil service and classification
laws of persons on a temporary basis (not to exceed $700,000),
as authorized by section 801 of the United States Information
and Educational Exchange Act of 1948, $2,529,387,000, of which
up to $463,417,000 is for Worldwide Security Protection.
(2) OVERSEAS PROGRAMS.—For necessary expenses for the
regional bureaus of the Department of State and overseas
activities as authorized by law, $1,401,847,000.
(3) DIPLOMATIC POLICY AND SUPPORT.—For necessary
expenses for the functional bureaus of the Department of State,
including representation to certain international organizations
in which the United States participates pursuant to treaties
ratified pursuant to the advice and consent of the Senate or
specific Acts of Congress, general administration, and arms
control, nonproliferation and disarmament activities as authorized, $757,713,000.
(4) SECURITY PROGRAMS.—For necessary expenses for security activities, $1,458,307,000, of which up to $1,436,062,000
is for Worldwide Security Protection.
(5) FEES AND PAYMENTS COLLECTED.—In addition to
amounts otherwise made available under this heading—
(A) as authorized by section 810 of the United States
Information and Educational Exchange Act, not to exceed
$5,000,000, to remain available until expended, may be
credited to this appropriation from fees or other payments
received from English teaching, library, motion pictures,
and publication programs and from fees from educational
advising and counseling and exchange visitor programs;
and
(B) not to exceed $15,000, which shall be derived from
reimbursements, surcharges, and fees for use of Blair
House facilities.
(6) TRANSFER OF FUNDS, REPROGRAMMING, AND OTHER MATTERS.—
(A) Notwithstanding any other provision of this Act,
funds may be reprogrammed within and between paragraphs (1) through (4) under this heading subject to section
7015 of this Act.
(B) Of the amount made available under this heading,
not to exceed $10,000,000 may be transferred to, and
merged with, funds made available by this Act under the
heading ‘‘Emergencies in the Diplomatic and Consular
Service’’, to be available only for emergency evacuations
and rewards, as authorized.
(C) Funds appropriated under this heading are available for acquisition by exchange or purchase of passenger
motor vehicles as authorized by law and, pursuant to section 1108(g) of title 31, United States Code, for the field
examination of programs and activities in the United States
funded from any account contained in this title.
(D) Funds appropriated under this heading may be
made available for Conflict Stabilization Operations and
for related reconstruction and stabilization assistance to
prevent or respond to conflict or civil strife in foreign
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 591
countries or regions, or to enable transition from such
strife.
(E) Funds appropriated under this heading in this
Act that are designated for Worldwide Security Protection
shall continue to be made available for support of securityrelated training at sites in existence prior to the enactment
of this Act.
CAPITAL INVESTMENT FUND
For necessary expenses of the Capital Investment Fund, as
authorized, $12,600,000, to remain available until expended.
OFFICE OF INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General,
$87,069,000, notwithstanding section 209(a)(1) of the Foreign
Service Act of 1980 (Public Law 96–465), as it relates to post
inspections: Provided, That of the funds appropriated under this
heading, $13,060,000 may remain available until September 30,
2018.
EDUCATIONAL AND CULTURAL EXCHANGE PROGRAMS
For expenses of educational and cultural exchange programs,
as authorized, $634,143,000, to remain available until expended,
of which not less than $240,000,000 shall be for the Fulbright
Program and not less than $111,360,000 shall be for Citizen
Exchange Program, including $4,125,000 for the Congress-Bundestag Youth Exchange: Provided, That fees or other payments received
from, or in connection with, English teaching, educational advising
and counseling programs, and exchange visitor programs as authorized may be credited to this account, to remain available until
expended: Provided further, That a portion of the Fulbright awards
from the Eurasia and Central Asia regions shall be designated
as Edmund S. Muskie Fellowships, following consultation with the
Committees on Appropriations: Provided further, That Department
of State-designated sponsors may not issue a Form DS–2019 (Certificate of Eligibility for Exchange Visitor (J–1) Status) to place
student participants in seafood product preparation or packaging
positions in the Summer Work Travel program in fiscal year 2017
unless prior to issuing such Form the sponsor provides to the
Secretary of State a description of such program and verifies in
writing to the Secretary that such program fully complies with
part 62 of title 22 of the Code of Federal Regulations, notwithstanding subsection 62.32(h)(16) of such part, and with the requirements specified in Senate Report 114–290: Provided further, That
any substantive modifications from the prior fiscal year to programs
funded by this Act under this heading shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
Consultation.
Verification.
Consultation.
Notification.
REPRESENTATION EXPENSES
For representation expenses as authorized, $8,030,000.
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131 STAT. 592
PUBLIC LAW 115–31—MAY 5, 2017
PROTECTION OF FOREIGN MISSIONS AND OFFICIALS
For expenses, not otherwise provided, to enable the Secretary
of State to provide for extraordinary protective services, as authorized, $30,344,000, to remain available until September 30, 2018.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
Deadline.
Submission.
For necessary expenses for carrying out the Foreign Service
Buildings Act of 1926 (22 U.S.C. 292 et seq.), preserving,
maintaining, repairing, and planning for buildings that are owned
or directly leased by the Department of State, renovating, in addition to funds otherwise available, the Harry S Truman Building,
and carrying out the Diplomatic Security Construction Program
as authorized, $759,161,000, to remain available until expended,
of which not to exceed $25,000 may be used for domestic and
overseas representation expenses as authorized: Provided, That
none of the funds appropriated in this paragraph shall be available
for acquisition of furniture, furnishings, or generators for other
departments and agencies of the United States Government.
In addition, for the costs of worldwide security upgrades,
acquisition, and construction as authorized, $358,698,000, to remain
available until expended: Provided, That not later than 45 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations the proposed allocation of
funds made available under this heading and the actual and anticipated proceeds of sales for all projects in fiscal year 2017.
EMERGENCIES IN THE DIPLOMATIC AND CONSULAR SERVICE
For necessary expenses to enable the Secretary of State to
meet unforeseen emergencies arising in the Diplomatic and Consular Service, as authorized, $7,900,000, to remain available until
expended, of which not to exceed $1,000,000 may be transferred
to, and merged with, funds appropriated by this Act under the
heading ‘‘Repatriation Loans Program Account’’, subject to the same
terms and conditions.
REPATRIATION LOANS PROGRAM ACCOUNT
For the cost of direct loans, $1,300,000, as authorized: Provided,
That such costs, including the cost of modifying such loans, shall
be as defined in section 502 of the Congressional Budget Act of
1974: Provided further, That such funds are available to subsidize
gross obligations for the principal amount of direct loans not to
exceed $2,433,545.
PAYMENT TO THE AMERICAN INSTITUTE IN TAIWAN
For necessary expenses to carry out the Taiwan Relations Act
(Public Law 96–8), $31,963,000.
INTERNATIONAL CENTER, WASHINGTON, DISTRICT OF COLUMBIA
Not to exceed $1,806,600 shall be derived from fees collected
from other executive agencies for lease or use of facilities at the
International Center in accordance with section 4 of the International Center Act (Public Law 90–553), and, in addition, as
authorized by section 5 of such Act, $1,320,000, to be derived
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 593
from the reserve authorized by such section, to be used for the
purposes set out in that section.
PAYMENT TO THE FOREIGN SERVICE RETIREMENT AND DISABILITY
FUND
For payment to the Foreign Service Retirement and Disability
Fund, as authorized, $158,900,000.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For necessary expenses, not otherwise provided for, to meet
annual obligations of membership in international multilateral
organizations, pursuant to treaties ratified pursuant to the advice
and consent of the Senate, conventions or specific Acts of Congress,
$1,262,966,000: Provided, That the Secretary of State shall, at
the time of the submission of the President’s budget to Congress
under section 1105(a) of title 31, United States Code, transmit
to the Committees on Appropriations the most recent biennial
budget prepared by the United Nations for the operations of the
United Nations: Provided further, That the Secretary of State shall
notify the Committees on Appropriations at least 15 days in advance
(or in an emergency, as far in advance as is practicable) of any
United Nations action to increase funding for any United Nations
program without identifying an offsetting decrease elsewhere in
the United Nations budget: Provided further, That not later than
June 1, 2017, and 30 days after the end of fiscal year 2017, the
Secretary of State shall report to the Committees on Appropriations
any credits attributable to the United States, including from the
United Nations Tax Equalization Fund, and provide updated fiscal
year 2017 and fiscal year 2018 assessment costs including offsets
from available credits and updated foreign currency exchange rates:
Provided further, That any such credits shall only be available
for United States assessed contributions to the United Nations
regular budget, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available under this heading in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related
programs submitted pursuant to section 7015 of this Act, section
34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706), or any operating plan submitted pursuant to section
7076 of this Act, shall include an estimate of all known credits
currently attributable to the United States and provide updated
assessment costs including offsets from available credits and
updated foreign currency exchange rates: Provided further, That
any payment of arrearages under this heading shall be directed
to activities that are mutually agreed upon by the United States
and the respective international organization and shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That none of the funds appropriated
under this heading shall be available for a United States contribution to an international organization for the United States share
of interest costs made known to the United States Government
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22 USC 269a
note.
Biennial budget.
Notification.
Time period.
Deadlines.
Reports.
Assessments.
Notification.
Notification.
Operating plan.
Estimates.
Assessments.
Notification.
PUBL031
131 STAT. 594
PUBLIC LAW 115–31—MAY 5, 2017
by such organization for loans incurred on or after October 1,
1984, through external borrowings.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
Time period.
Notification.
Cost estimates.
Certification.
Reports.
Human rights.
Public
information.
Web posting.
Procedures.
Determination.
Recommendation.
Deadlines.
Reports.
Assessment.
Notification.
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For necessary expenses to pay assessed and other expenses
of international peacekeeping activities directed to the maintenance
or restoration of international peace and security, $552,904,000,
of which 15 percent shall remain available until September 30,
2018: Provided, That none of the funds made available by this
Act shall be obligated or expended for any new or expanded United
Nations peacekeeping mission unless, at least 15 days in advance
of voting for such mission in the United Nations Security Council
(or in an emergency as far in advance as is practicable), the Committees on Appropriations are notified of: (1) the estimated cost and
duration of the mission, the objectives of the mission, the national
interest that will be served, and the exit strategy; and (2) the
sources of funds, including any reprogrammings or transfers, that
will be used to pay the cost of the new or expanded mission,
and the estimated cost in future fiscal years: Provided further,
That none of the funds appropriated under this heading may be
made available for obligation unless the Secretary of State certifies
and reports to the Committees on Appropriations on a peacekeeping
mission-by-mission basis that the United Nations is implementing
effective policies and procedures to prevent United Nations
employees, contractor personnel, and peacekeeping troops serving
in such mission from trafficking in persons, exploiting victims of
trafficking, or committing acts of sexual exploitation and abuse
or other violations of human rights, and to bring to justice individuals who engage in such acts while participating in such mission,
including prosecution in their home countries and making information about such prosecutions publicly available on the Web site
of the United Nations: Provided further, That the Secretary of
State shall work with the United Nations and foreign governments
contributing peacekeeping troops to implement effective vetting
procedures to ensure that such troops have not violated human
rights: Provided further, That funds shall be available for peacekeeping expenses unless the Secretary of State determines that
United States manufacturers and suppliers are not being given
opportunities to provide equipment, services, and material for
United Nations peacekeeping activities equal to those being given
to foreign manufacturers and suppliers: Provided further, That none
of the funds appropriated or otherwise made available under this
heading may be used for any United Nations peacekeeping mission
that will involve United States Armed Forces under the command
or operational control of a foreign national, unless the President’s
military advisors have submitted to the President a recommendation that such involvement is in the national interest of the United
States and the President has submitted to Congress such a recommendation: Provided further, That not later than June 1, 2017,
and 30 days after the end of fiscal year 2017, the Secretary of
State shall report to the Committees on Appropriations any credits
attributable to the United States, including those resulting from
United Nations peacekeeping missions or the United Nations Tax
Equalization Fund, and provide updated fiscal year 2017 and fiscal
year 2018 assessment costs including offsets from available credits:
Provided further, That any such credits shall only be available
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 595
for United States assessed contributions to United Nations peacekeeping missions, and the Committees on Appropriations shall be
notified when such credits are applied to any assessed contribution,
including any payment of arrearages: Provided further, That any
notification regarding funds appropriated or otherwise made available under this heading in this Act or prior Acts making appropriations for the Department of State, foreign operations, and related
programs submitted pursuant to section 7015 of this Act, section
34 of the State Department Basic Authorities Act of 1956 (22
U.S.C. 2706), or any operating plan submitted pursuant to section
7076 of this Act, shall include an estimate of all known credits
currently attributable to the United States and provide updated
assessment costs including offsets from available credits: Provided
further, That any payment of arrearages with funds appropriated
by this Act shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That the
Secretary of State shall work with the United Nations and members
of the United Nations Security Council to evaluate and prioritize
peacekeeping missions, and to consider a draw down when mission
goals have been substantially achieved.
Notification.
Operating plan.
Estimate.
Assessments.
Notification.
Evaluation.
INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided for, to meet
obligations of the United States arising under treaties, or specific
Acts of Congress, as follows:
22 USC 269a
note.
INTERNATIONAL BOUNDARY AND WATER COMMISSION, UNITED STATES
AND MEXICO
For necessary expenses for the United States Section of the
International Boundary and Water Commission, United States and
Mexico, and to comply with laws applicable to the United States
Section, including not to exceed $6,000 for representation expenses;
as follows:
SALARIES AND EXPENSES
For salaries and expenses, not otherwise provided for,
$48,134,000.
CONSTRUCTION
For detailed plan preparation and construction of authorized
projects, $29,400,000, to remain available until expended, as authorized.
AMERICAN SECTIONS, INTERNATIONAL COMMISSIONS
For necessary expenses, not otherwise provided, for the International Joint Commission and the International Boundary
Commission, United States and Canada, as authorized by treaties
between the United States and Canada or Great Britain, and the
Border Environment Cooperation Commission as authorized by the
North American Free Trade Agreement Implementation Act (Public
Law 103–182), $12,258,000: Provided, That of the amount provided
under this heading for the International Joint Commission, up
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131 STAT. 596
PUBLIC LAW 115–31—MAY 5, 2017
to $500,000 may remain available until September 30, 2018, and
$9,000 may be made available for representation expenses.
INTERNATIONAL FISHERIES COMMISSIONS
For necessary expenses for international fisheries commissions,
not otherwise provided for, as authorized by law, $37,502,000: Provided, That the United States share of such expenses may be
advanced to the respective commissions pursuant to section 3324
of title 31, United States Code.
RELATED AGENCY
BROADCASTING BOARD
OF
GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
Notification.
Deadline.
Determination.
Notification.
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For necessary expenses to enable the Broadcasting Board of
Governors (BBG), as authorized, to carry out international communication activities, and to make and supervise grants for radio,
Internet, and television broadcasting to the Middle East,
$772,108,000: Provided, That in addition to amounts otherwise
available for such purposes, up to $32,501,000 of the amount appropriated under this heading may remain available until expended
for satellite transmissions and Internet freedom programs, of which
not less than $13,800,000 shall be for Internet freedom programs:
Provided further, That of the total amount appropriated under
this heading, not to exceed $35,000 may be used for representation
expenses, of which $10,000 may be used for such expenses within
the United States as authorized, and not to exceed $30,000 may
be used for representation expenses of Radio Free Europe/Radio
Liberty: Provided further, That the BBG shall notify the Committees
on Appropriations within 15 days of any determination by the
BBG that any of its broadcast entities, including its grantee
organizations, provides an open platform for international terrorists
or those who support international terrorism, or is in violation
of the principles and standards set forth in subsections (a) and
(b) of section 303 of the United States International Broadcasting
Act of 1994 (22 U.S.C. 6202) or the entity’s journalistic code of
ethics: Provided further, That significant modifications to BBG
broadcast hours previously justified to Congress, including changes
to transmission platforms (shortwave, medium wave, satellite,
Internet, and television), for all BBG language services shall be
subject to the regular notification procedures of the Committees
on Appropriations: Provided further, That in addition to funds made
available under this heading, and notwithstanding any other provision of law, up to $5,000,000 in receipts from advertising and
revenue from business ventures, up to $500,000 in receipts from
cooperating international organizations, and up to $1,000,000 in
receipts from privatization efforts of the Voice of America and
the International Broadcasting Bureau, shall remain available until
expended for carrying out authorized purposes.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 597
BROADCASTING CAPITAL IMPROVEMENTS
For the purchase, rent, construction, repair, preservation, and
improvement of facilities for radio, television, and digital transmission and reception; the purchase, rent, and installation of necessary equipment for radio, television, and digital transmission
and reception, including to Cuba, as authorized; and physical security worldwide, in addition to amounts otherwise available for such
purposes, $9,700,000, to remain available until expended, as authorized.
RELATED PROGRAMS
THE ASIA FOUNDATION
For a grant to The Asia Foundation, as authorized by The
Asia Foundation Act (22 U.S.C. 4402), $17,000,000, to remain available until expended.
UNITED STATES INSTITUTE
OF
PEACE
For necessary expenses of the United States Institute of Peace,
as authorized by the United States Institute of Peace Act (22
U.S.C. 4601 et seq.), $37,884,000, to remain available until September 30, 2018, which shall not be used for construction activities.
CENTER
FOR
MIDDLE EASTERN-WESTERN DIALOGUE TRUST FUND
For necessary expenses of the Center for Middle EasternWestern Dialogue Trust Fund, as authorized by section 633 of
the Departments of Commerce, Justice, and State, the Judiciary,
and Related Agencies Appropriations Act, 2004 (22 U.S.C. 2078),
the total amount of the interest and earnings accruing to such
Fund on or before September 30, 2017, to remain available until
expended.
EISENHOWER EXCHANGE FELLOWSHIP PROGRAM
For necessary expenses of Eisenhower Exchange Fellowships,
Incorporated, as authorized by sections 4 and 5 of the Eisenhower
Exchange Fellowship Act of 1990 (20 U.S.C. 5204–5205), all interest
and earnings accruing to the Eisenhower Exchange Fellowship Program Trust Fund on or before September 30, 2017, to remain
available until expended: Provided, That none of the funds appropriated herein shall be used to pay any salary or other compensation, or to enter into any contract providing for the payment thereof,
in excess of the rate authorized by section 5376 of title 5, United
States Code; or for purposes which are not in accordance with
section 200 of title 2 of the Code of Federal Regulations, including
the restrictions on compensation for personal services.
ISRAELI ARAB SCHOLARSHIP PROGRAM
For necessary expenses of the Israeli Arab Scholarship Program, as authorized by section 214 of the Foreign Relations
Authorization Act, Fiscal Years 1992 and 1993 (22 U.S.C. 2452),
all interest and earnings accruing to the Israeli Arab Scholarship
Fund on or before September 30, 2017, to remain available until
expended.
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131 STAT. 598
PUBLIC LAW 115–31—MAY 5, 2017
EAST-WEST CENTER
To enable the Secretary of State to provide for carrying out
the provisions of the Center for Cultural and Technical Interchange
Between East and West Act of 1960, by grant to the Center for
Cultural and Technical Interchange Between East and West in
the State of Hawaii, $16,700,000.
NATIONAL ENDOWMENT
FOR
DEMOCRACY
For grants made by the Department of State to the National
Endowment for Democracy, as authorized by the National Endowment for Democracy Act (22 U.S.C. 4412), $170,000,000, to remain
available until expended, of which $117,500,000 shall be allocated
in the traditional and customary manner, including for the core
institutes, and $52,500,000 shall be for democracy programs.
OTHER COMMISSIONS
COMMISSION
FOR THE
PRESERVATION
ABROAD
OF
AMERICA’S HERITAGE
SALARIES AND EXPENSES
Termination
date.
Notification.
For necessary expenses for the Commission for the Preservation
of America’s Heritage Abroad, $888,000, as authorized by chapter
3123 of title 54, United States Code: Provided, That the Commission
may procure temporary, intermittent, and other services notwithstanding paragraph (3) of section 312304(b) of such chapter: Provided further, That such authority shall terminate on October 1,
2017: Provided further, That the Commission shall notify the
Committees on Appropriations prior to exercising such authority.
UNITED STATES COMMISSION ON INTERNATIONAL RELIGIOUS
FREEDOM
SALARIES AND EXPENSES
For necessary expenses for the United States Commission on
International Religious Freedom, as authorized by title II of the
International Religious Freedom Act of 1998 (22 U.S.C. 6431 et
seq.), $3,500,000, to remain available until September 30, 2018,
including not more than $4,000 for representation expenses.
COMMISSION
ON
SECURITY
AND
COOPERATION
IN
EUROPE
SALARIES AND EXPENSES
For necessary expenses of the Commission on Security and
Cooperation in Europe, as authorized by Public Law 94–304,
$2,579,000, including not more than $4,000 for representation
expenses, to remain available until September 30, 2018.
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PUBLIC LAW 115–31—MAY 5, 2017
CONGRESSIONAL-EXECUTIVE COMMISSION
REPUBLIC OF CHINA
ON THE
131 STAT. 599
PEOPLE’S
SALARIES AND EXPENSES
For necessary expenses of the Congressional-Executive Commission on the People’s Republic of China, as authorized by title III
of the U.S.-China Relations Act of 2000 (22 U.S.C. 6911 et seq.),
$2,000,000, including not more than $3,000 for representation
expenses, to remain available until September 30, 2018.
UNITED STATES-CHINA ECONOMIC AND SECURITY REVIEW
COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the United States-China Economic
and Security Review Commission, as authorized by section 1238
of the Floyd D. Spence National Defense Authorization Act for
Fiscal Year 2001 (22 U.S.C. 7002), $3,500,000, including not more
than $4,000 for representation expenses, to remain available until
September 30, 2018: Provided, That the authorities, requirements,
limitations, and conditions contained in the second through sixth
provisos under this heading in the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2010 (division F of Public Law 111–117) shall continue in effect during
fiscal year 2017 and shall apply to funds appropriated under this
heading as if included in this Act.
Continuance.
Applicability.
TITLE II
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED
TO THE
PRESIDENT
OPERATING EXPENSES
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $1,204,609,000, of which
up to $180,691,000 may remain available until September 30, 2018:
Provided, That none of the funds appropriated under this heading
and under the heading ‘‘Capital Investment Fund’’ in this title
may be made available to finance the construction (including
architect and engineering services), purchase, or long-term lease
of offices for use by the United States Agency for International
Development, unless the USAID Administrator has identified such
proposed use of funds in a report submitted to the Committees
on Appropriations at least 15 days prior to the obligation of funds
for such purposes: Provided further, That contracts or agreements
entered into with funds appropriated under this heading may entail
commitments for the expenditure of such funds through the following fiscal year: Provided further, That the authority of sections
610 and 109 of the Foreign Assistance Act of 1961 may be exercised
by the Secretary of State to transfer funds appropriated to carry
out chapter 1 of part I of such Act to ‘‘Operating Expenses’’ in
accordance with the provisions of those sections: Provided further,
That of the funds appropriated or made available under this
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Reports.
Time period.
Contracts.
PUBL031
131 STAT. 600
PUBLIC LAW 115–31—MAY 5, 2017
heading, not to exceed $250,000 may be available for representation
and entertainment expenses, of which not to exceed $5,000 may
be available for entertainment expenses, and not to exceed $100,500
shall be for official residence expenses, for USAID during the current fiscal year.
CAPITAL INVESTMENT FUND
Notification.
For necessary expenses for overseas construction and related
costs, and for the procurement and enhancement of information
technology and related capital investments, pursuant to section
667 of the Foreign Assistance Act of 1961, $174,985,000, to remain
available until expended: Provided, That this amount is in addition
to funds otherwise available for such purposes: Provided further,
That funds appropriated under this heading shall be available
subject to the regular notification procedures of the Committees
on Appropriations.
OFFICE OF INSPECTOR GENERAL
For necessary expenses to carry out the provisions of section
667 of the Foreign Assistance Act of 1961, $67,600,000, of which
up to $10,140,000 may remain available until September 30, 2018,
for the Office of Inspector General of the United States Agency
for International Development.
TITLE III
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
For necessary expenses to enable the President to carry out
the provisions of the Foreign Assistance Act of 1961, and for other
purposes, as follows:
GLOBAL HEALTH PROGRAMS
Children and
youth.
AIDS.
Diseases.
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For necessary expenses to carry out the provisions of chapters
1 and 10 of part I of the Foreign Assistance Act of 1961, for
global health activities, in addition to funds otherwise available
for such purposes, $3,054,950,000, to remain available until September 30, 2018, and which shall be apportioned directly to the
United States Agency for International Development: Provided,
That this amount shall be made available for training, equipment,
and technical assistance to build the capacity of public health
institutions and organizations in developing countries, and for such
activities as: (1) child survival and maternal health programs; (2)
immunization and oral rehydration programs; (3) other health,
nutrition, water and sanitation programs which directly address
the needs of mothers and children, and related education programs;
(4) assistance for children displaced or orphaned by causes other
than AIDS; (5) programs for the prevention, treatment, control
of, and research on HIV/AIDS, tuberculosis, polio, malaria, and
other infectious diseases including neglected tropical diseases, and
for assistance to communities severely affected by HIV/AIDS,
including children infected or affected by AIDS; (6) disaster
preparedness training for health crises; (7) programs to prevent,
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 601
prepare for, and respond to, unanticipated and emerging global
health threats; and (8) family planning/reproductive health: Provided further, That funds appropriated under this paragraph may
be made available for a United States contribution to the GAVI
Alliance: Provided further, That none of the funds made available
in this Act nor any unobligated balances from prior appropriations
Acts may be made available to any organization or program which,
as determined by the President of the United States, supports
or participates in the management of a program of coercive abortion
or involuntary sterilization: Provided further, That any determination made under the previous proviso must be made not later
than 6 months after the date of enactment of this Act, and must
be accompanied by the evidence and criteria utilized to make the
determination: Provided further, That none of the funds made available under this Act may be used to pay for the performance of
abortion as a method of family planning or to motivate or coerce
any person to practice abortions: Provided further, That nothing
in this paragraph shall be construed to alter any existing statutory
prohibitions against abortion under section 104 of the Foreign
Assistance Act of 1961: Provided further, That none of the funds
made available under this Act may be used to lobby for or against
abortion: Provided further, That in order to reduce reliance on
abortion in developing nations, funds shall be available only to
voluntary family planning projects which offer, either directly or
through referral to, or information about access to, a broad range
of family planning methods and services, and that any such voluntary family planning project shall meet the following requirements: (1) service providers or referral agents in the project shall
not implement or be subject to quotas, or other numerical targets,
of total number of births, number of family planning acceptors,
or acceptors of a particular method of family planning (this provision
shall not be construed to include the use of quantitative estimates
or indicators for budgeting and planning purposes); (2) the project
shall not include payment of incentives, bribes, gratuities, or financial reward to: (A) an individual in exchange for becoming a family
planning acceptor; or (B) program personnel for achieving a numerical target or quota of total number of births, number of family
planning acceptors, or acceptors of a particular method of family
planning; (3) the project shall not deny any right or benefit,
including the right of access to participate in any program of general
welfare or the right of access to health care, as a consequence
of any individual’s decision not to accept family planning services;
(4) the project shall provide family planning acceptors comprehensible information on the health benefits and risks of the method
chosen, including those conditions that might render the use of
the method inadvisable and those adverse side effects known to
be consequent to the use of the method; and (5) the project shall
ensure that experimental contraceptive drugs and devices and medical procedures are provided only in the context of a scientific
study in which participants are advised of potential risks and
benefits; and, not less than 60 days after the date on which the
USAID Administrator determines that there has been a violation
of the requirements contained in paragraph (1), (2), (3), or (5)
of this proviso, or a pattern or practice of violations of the requirements contained in paragraph (4) of this proviso, the Administrator
shall submit to the Committees on Appropriations a report containing a description of such violation and the corrective action
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Determination.
President.
Abortion.
Sterilization.
Deadline.
Evidence.
Criteria.
Abortion.
Family planning.
Deadline.
Determination.
Reports.
PUBL031
131 STAT. 602
Discrimination.
Compliance.
Definition.
Condoms.
Applicability.
Notification.
PUBLIC LAW 115–31—MAY 5, 2017
taken by the Agency: Provided further, That in awarding grants
for natural family planning under section 104 of the Foreign Assistance Act of 1961 no applicant shall be discriminated against because
of such applicant’s religious or conscientious commitment to offer
only natural family planning; and, additionally, all such applicants
shall comply with the requirements of the previous proviso: Provided further, That for purposes of this or any other Act authorizing
or appropriating funds for the Department of State, foreign operations, and related programs, the term ‘‘motivate’’, as it relates
to family planning assistance, shall not be construed to prohibit
the provision, consistent with local law, of information or counseling
about all pregnancy options: Provided further, That information
provided about the use of condoms as part of projects or activities
that are funded from amounts appropriated by this Act shall be
medically accurate and shall include the public health benefits
and failure rates of such use.
In addition, for necessary expenses to carry out the provisions
of the Foreign Assistance Act of 1961 for the prevention, treatment,
and control of, and research on, HIV/AIDS, $5,670,000,000, to
remain available until September 30, 2021, which shall be apportioned directly to the Department of State: Provided, That funds
appropriated under this paragraph may be made available, notwithstanding any other provision of law, except for the United States
Leadership Against HIV/AIDS, Tuberculosis, and Malaria Act of
2003 (Public Law 108–25), as amended, for a United States contribution to the Global Fund to Fight AIDS, Tuberculosis and
Malaria (Global Fund), and shall be expended at the minimum
rate necessary to make timely payment for projects and activities:
Provided further, That the amount of such contribution should
be $1,350,000,000: Provided further, That section 202(d)(4)(A)(i)
and (vi) of Public Law 108–25, as amended, shall be applied with
respect to such funds made available for fiscal years 2015 through
2017 by substituting ‘‘2004’’ for ‘‘2009’’: Provided further, That up
to 5 percent of the aggregate amount of funds made available
to the Global Fund in fiscal year 2017 may be made available
to USAID for technical assistance related to the activities of the
Global Fund, subject to the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
appropriated under this paragraph, up to $17,000,000 may be made
available, in addition to amounts otherwise available for such purposes, for administrative expenses of the Office of the United States
Global AIDS Coordinator.
DEVELOPMENT ASSISTANCE
For necessary expenses to carry out the provisions of sections
103, 105, 106, 214, and sections 251 through 255, and chapter
10 of part I of the Foreign Assistance Act of 1961, $2,995,465,000,
to remain available until September 30, 2018.
INTERNATIONAL DISASTER ASSISTANCE
For necessary expenses to carry out the provisions of section
491 of the Foreign Assistance Act of 1961 for international disaster
relief, rehabilitation, and reconstruction assistance, $498,483,000,
to remain available until expended.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 603
TRANSITION INITIATIVES
For necessary expenses for international disaster rehabilitation
and reconstruction assistance administered by the Office of Transition Initiatives, United States Agency for International Development, pursuant to section 491 of the Foreign Assistance Act of
1961, $35,600,000, to remain available until expended, to support
transition to democracy and long-term development of countries
in crisis: Provided, That such support may include assistance to
develop, strengthen, or preserve democratic institutions and processes, revitalize basic infrastructure, and foster the peaceful resolution of conflict: Provided further, That the USAID Administrator
shall submit a report to the Committees on Appropriations at
least 5 days prior to beginning a new program of assistance: Provided further, That if the Secretary of State determines that it
is important to the national interest of the United States to provide
transition assistance in excess of the amount appropriated under
this heading, up to $15,000,000 of the funds appropriated by this
Act to carry out the provisions of part I of the Foreign Assistance
Act of 1961 may be used for purposes of this heading and under
the authorities applicable to funds appropriated under this heading:
Provided further, That funds made available pursuant to the previous proviso shall be made available subject to prior consultation
with the Committees on Appropriations.
Reports.
Time period.
Determination.
Consultation.
COMPLEX CRISES FUND
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 to support programs and activities
to prevent or respond to emerging or unforeseen foreign challenges
and complex crises overseas, $10,000,000, to remain available until
expended: Provided, That funds appropriated under this heading
may be made available on such terms and conditions as are appropriate and necessary for the purposes of preventing or responding
to such challenges and crises, except that no funds shall be made
available for lethal assistance or to respond to natural disasters:
Provided further, That funds appropriated under this heading may
be made available notwithstanding any other provision of law,
except sections 7007, 7008, and 7018 of this Act and section 620M
of the Foreign Assistance Act of 1961: Provided further, That funds
appropriated under this heading may be used for administrative
expenses, in addition to funds otherwise available for such purposes,
except that such expenses may not exceed 5 percent of the funds
appropriated under this heading: Provided further, That funds
appropriated under this heading shall be subject to the regular
notification procedures of the Committees on Appropriations, except
that such notifications shall be transmitted at least 5 days prior
to the obligation of funds.
Notification.
Time period.
DEVELOPMENT CREDIT AUTHORITY
For the cost of direct loans and loan guarantees provided by
the United States Agency for International Development, as authorized by sections 256 and 635 of the Foreign Assistance Act of
1961, up to $50,000,000 may be derived by transfer from funds
appropriated by this Act to carry out part I of such Act and under
the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’:
Provided, That funds provided under this paragraph and funds
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PUBL031
131 STAT. 604
Consultation.
Notification.
Notification.
Applicability.
PUBLIC LAW 115–31—MAY 5, 2017
provided as a gift that are used for purposes of this paragraph
pursuant to section 635(d) of the Foreign Assistance Act of 1961
shall be made available only for micro- and small enterprise programs, urban programs, and other programs which further the
purposes of part I of such Act: Provided further, That funds provided
as a gift that are used for purposes of this paragraph shall be
subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided further, That
such costs, including the cost of modifying such direct and guaranteed loans, shall be as defined in section 502 of the Congressional
Budget Act of 1974, as amended: Provided further, That funds
made available by this paragraph may be used for the cost of
modifying any such guaranteed loans under this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs, and funds used for such cost,
including if the cost results in a negative subsidy, shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That the provisions of section 107A(d)
(relating to general provisions applicable to the Development Credit
Authority) of the Foreign Assistance Act of 1961, as contained
in section 306 of H.R. 1486 as reported by the House Committee
on International Relations on May 9, 1997, shall be applicable
to direct loans and loan guarantees provided under this heading,
except that the principal amount of loans made or guaranteed
under this heading with respect to any single country shall not
exceed $300,000,000: Provided further, That these funds are available to subsidize total loan principal, any portion of which is to
be guaranteed, of up to $1,750,000,000.
In addition, for administrative expenses to carry out credit
programs administered by USAID, $10,000,000, which may be
transferred to, and merged with, funds made available under the
heading ‘‘Operating Expenses’’ in title II of this Act: Provided,
That funds made available under this heading shall remain available until September 30, 2019.
ECONOMIC SUPPORT FUND
For necessary expenses to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961, $1,041,761,000,
to remain available until September 30, 2018.
DEMOCRACY FUND
Consultation.
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For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961 for the promotion of democracy globally,
including to carry out the purposes of section 502(b)(3) and (5)
of Public Law 98–164 (22 U.S.C. 4411), $145,375,000, to remain
available until September 30, 2018, which shall be made available
for the Human Rights and Democracy Fund of the Bureau of
Democracy, Human Rights, and Labor, Department of State: Provided, That funds appropriated under this heading that are made
available to the National Endowment for Democracy and its core
institutes are in addition to amounts otherwise available by this
Act for such purposes: Provided further, That the Assistant Secretary for Democracy, Human Rights, and Labor, Department of
State, shall consult with the Committees on Appropriations prior
to the obligation of funds appropriated under this paragraph.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 605
For an additional amount for such purposes, $65,125,000, to
remain available until September 30, 2018, which shall be made
available for the Bureau for Democracy, Conflict, and Humanitarian
Assistance, United States Agency for International Development.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
For necessary expenses to carry out the provisions of the Foreign Assistance Act of 1961, the FREEDOM Support Act (Public
Law 102–511), and the Support for Eastern European Democracy
(SEED) Act of 1989 (Public Law 101–179), $291,638,000, to remain
available until September 30, 2018, which shall be available, notwithstanding any other provision of law, except section 7070 of
this Act, for assistance and related programs for countries identified
in section 3 of Public Law 102–511 and section 3(c) of Public
Law 101–179, in addition to funds otherwise available for such
purposes: Provided, That funds appropriated by this Act under
the headings ‘‘Global Health Programs’’ and ‘‘Economic Support
Fund’’ that are made available for assistance for such countries
shall be administered in accordance with the responsibilities of
the coordinator designated pursuant to section 102 of Public Law
102–511 and section 601 of Public Law 101–179: Provided further,
That funds appropriated under this heading shall be considered
to be economic assistance under the Foreign Assistance Act of
1961 for purposes of making available the administrative authorities contained in that Act for the use of economic assistance.
DEPARTMENT
OF
STATE
MIGRATION AND REFUGEE ASSISTANCE
For necessary expenses not otherwise provided for, to enable
the Secretary of State to carry out the provisions of section 2(a)
and (b) of the Migration and Refugee Assistance Act of 1962, and
other activities to meet refugee and migration needs; salaries and
expenses of personnel and dependents as authorized by the Foreign
Service Act of 1980; allowances as authorized by sections 5921
through 5925 of title 5, United States Code; purchase and hire
of passenger motor vehicles; and services as authorized by section
3109 of title 5, United States Code, $912,802,000, to remain available until expended, of which not less than $35,000,000 shall be
made available to respond to small-scale emergency humanitarian
requirements, and $7,500,000 shall be made available for refugees
resettling in Israel.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For necessary expenses to carry out the provisions of section
2(c) of the Migration and Refugee Assistance Act of 1962, as
amended (22 U.S.C. 2601(c)), $10,000,000, to remain available until
expended.
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PUBL031
131 STAT. 606
PUBLIC LAW 115–31—MAY 5, 2017
INDEPENDENT AGENCIES
PEACE CORPS
(INCLUDING TRANSFER OF FUNDS)
Consultation.
Notification.
Waiver authority.
Abortion.
Applicability.
For necessary expenses to carry out the provisions of the Peace
Corps Act (22 U.S.C. 2501 et seq.), including the purchase of not
to exceed five passenger motor vehicles for administrative purposes
for use outside of the United States, $410,000,000, of which
$5,500,000 is for the Office of Inspector General, to remain available
until September 30, 2018: Provided, That the Director of the Peace
Corps may transfer to the Foreign Currency Fluctuations Account,
as authorized by section 16 of the Peace Corps Act (22 U.S.C.
2515), an amount not to exceed $5,000,000: Provided further, That
funds transferred pursuant to the previous proviso may not be
derived from amounts made available for Peace Corps overseas
operations: Provided further, That of the funds appropriated under
this heading, not to exceed $104,000 may be available for representation expenses, of which not to exceed $4,000 may be made available for entertainment expenses: Provided further, That any decision to open, close, significantly reduce, or suspend a domestic
or overseas office or country program shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations, except that prior consultation and
regular notification procedures may be waived when there is a
substantial security risk to volunteers or other Peace Corps personnel, pursuant to section 7015(e) of this Act: Provided further,
That none of the funds appropriated under this heading shall be
used to pay for abortions: Provided further, That notwithstanding
the previous proviso, section 614 of division E of Public Law 113–
76 shall apply to funds appropriated under this heading.
MILLENNIUM CHALLENGE CORPORATION
Applicability.
Notification.
Deadline.
Notification.
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For necessary expenses to carry out the provisions of the Millennium Challenge Act of 2003 (22 U.S.C. 7701 et seq.) (MCA),
$905,000,000, to remain available until expended: Provided, That
of the funds appropriated under this heading, up to $105,000,000
may be available for administrative expenses of the Millennium
Challenge Corporation (MCC): Provided further, That up to 5 percent of the funds appropriated under this heading may be made
available to carry out the purposes of section 616 of the MCA
for fiscal year 2017: Provided further, That section 605(e) of the
MCA shall apply to funds appropriated under this heading: Provided
further, That funds appropriated under this heading may be made
available for a Millennium Challenge Compact entered into pursuant to section 609 of the MCA only if such Compact obligates,
or contains a commitment to obligate subject to the availability
of funds and the mutual agreement of the parties to the Compact
to proceed, the entire amount of the United States Government
funding anticipated for the duration of the Compact: Provided further, That the MCC Chief Executive Officer shall notify the Committees on Appropriations not later than 15 days prior to commencing
negotiations for any country compact or threshold country program;
signing any such compact or threshold program; or terminating
or suspending any such compact or threshold program: Provided
further, That funds appropriated under this heading by this Act
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 607
and prior Acts making appropriations for the Department of State,
foreign operations, and related programs that are available to implement section 609(g) of the MCA shall be subject to the regular
notification procedures of the Committees on Appropriations: Provided further, That no country should be eligible for a threshold
program after such country has completed a country compact: Provided further, That any funds that are deobligated from a Millennium Challenge Compact shall be subject to the regular notification
procedures of the Committees on Appropriations prior to re-obligation: Provided further, That notwithstanding section 606(a)(2) of
the MCA, a country shall be a candidate country for purposes
of eligibility for assistance for the fiscal year if the country has
a per capita income equal to or below the World Bank’s lower
middle income country threshold for the fiscal year and is among
the 75 lowest per capita income countries as identified by the
World Bank; and the country meets the requirements of section
606(a)(1)(B) of the MCA: Provided further, That notwithstanding
section 606(b)(1) of the MCA, in addition to countries described
in the preceding proviso, a country shall be a candidate country
for purposes of eligibility for assistance for the fiscal year if the
country has a per capita income equal to or below the World
Bank’s lower middle income country threshold for the fiscal year
and is not among the 75 lowest per capita income countries as
identified by the World Bank; and the country meets the requirements of section 606(a)(1)(B) of the MCA: Provided further, That
any MCC candidate country under section 606 of the MCA with
a per capita income that changes in the fiscal year such that
the country would be reclassified from a low income country to
a lower middle income country or from a lower middle income
country to a low income country shall retain its candidacy status
in its former income classification for the fiscal year and the 2
subsequent fiscal years: Provided further, That publication in the
Federal Register of a notice of availability of a copy of a Compact
on the MCC Web site shall be deemed to satisfy the requirements
of section 610(b)(2) of the MCA for such Compact: Provided further,
That none of the funds made available by this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs shall be available for a threshold
program in a country that is not currently a candidate country:
Provided further, That of the funds appropriated under this heading,
not to exceed $100,000 may be available for representation and
entertainment expenses, of which not to exceed $5,000 may be
available for entertainment expenses.
Notification.
Time period.
Federal Register,
publication.
Notice.
INTER-AMERICAN FOUNDATION
For necessary expenses to carry out the functions of the InterAmerican Foundation in accordance with the provisions of section
401 of the Foreign Assistance Act of 1969, $22,500,000, to remain
available until September 30, 2018: Provided, That of the funds
appropriated under this heading, not to exceed $2,000 may be
available for representation expenses.
UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
For necessary expenses to carry out title V of the International
Security and Development Cooperation Act of 1980 (Public Law
96–533), $30,000,000, to remain available until September 30, 2018,
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PUBL031
131 STAT. 608
Waiver authority.
Reports.
PUBLIC LAW 115–31—MAY 5, 2017
of which not to exceed $2,000 may be available for representation
expenses: Provided, That funds made available to grantees may
be invested pending expenditure for project purposes when authorized by the Board of Directors of the United States African Development Foundation (USADF): Provided further, That interest earned
shall be used only for the purposes for which the grant was made:
Provided further, That notwithstanding section 505(a)(2) of the
African Development Foundation Act (22 U.S.C. 290h–3(a)(2)), in
exceptional circumstances the Board of Directors of the USADF
may waive the $250,000 limitation contained in that section with
respect to a project and a project may exceed the limitation by
up to 10 percent if the increase is due solely to foreign currency
fluctuation: Provided further, That the USADF shall submit a report
to the Committees on Appropriations after each time such waiver
authority is exercised: Provided further, That the USADF may
make rent or lease payments in advance from appropriations available for such purpose for offices, buildings, grounds, and quarters
in Africa as may be necessary to carry out its functions: Provided
further, That the USADF may maintain bank accounts outside
the United States Treasury and retain any interest earned on
such accounts, in furtherance of the purposes of the African Development Foundation Act: Provided further, That the USADF may not
withdraw any appropriation from the Treasury prior to the need
of spending such funds for program purposes.
DEPARTMENT
OF THE
TREASURY
INTERNATIONAL AFFAIRS TECHNICAL ASSISTANCE
For necessary expenses to carry out the provisions of section
129 of the Foreign Assistance Act of 1961, $30,000,000, to remain
available until September 30, 2019, which shall be available notwithstanding any other provision of law.
TITLE IV
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT
OF
STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
Notifications.
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For necessary expenses to carry out section 481 of the Foreign
Assistance Act of 1961, $889,664,000, to remain available until
September 30, 2018: Provided, That the Department of State may
use the authority of section 608 of the Foreign Assistance Act
of 1961, without regard to its restrictions, to receive excess property
from an agency of the United States Government for the purpose
of providing such property to a foreign country or international
organization under chapter 8 of part I of such Act, subject to
the regular notification procedures of the Committees on Appropriations: Provided further, That section 482(b) of the Foreign Assistance Act of 1961 shall not apply to funds appropriated under
this heading, except that any funds made available notwithstanding
such section shall be subject to the regular notification procedures
of the Committees on Appropriations: Provided further, That funds
appropriated under this heading shall be made available to support
training and technical assistance for foreign law enforcement,
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 609
corrections, and other judicial authorities, utilizing regional partners: Provided further, That not less than $72,565,000 of the funds
appropriated under this heading shall be transferred to, and merged
with, funds appropriated by this Act under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’, which shall be available
for the same purposes as funds appropriated under this heading:
Provided further, That of the funds appropriated under this heading,
not less than $7,000,000 shall be made available, on a competitive
basis, for rule of law programs for transitional and post-conflict
states, and for activities to coordinate rule of law programs among
foreign governments, international and nongovernmental organizations, and other United States Government agencies: Provided further, That funds made available under this heading that are transferred to another department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the Foreign
Assistance Act of 1961 valued in excess of $5,000,000, and any
agreement made pursuant to section 632(a) of such Act, shall be
subject to the regular notification procedures of the Committees
on Appropriations.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For necessary expenses for nonproliferation, anti-terrorism,
demining and related programs and activities, $500,696,000, to
remain available until September 30, 2018, to carry out the provisions of chapter 8 of part II of the Foreign Assistance Act of
1961 for anti-terrorism assistance, chapter 9 of part II of the Foreign
Assistance Act of 1961, section 504 of the FREEDOM Support
Act, section 23 of the Arms Export Control Act, or the Foreign
Assistance Act of 1961 for demining activities, the clearance of
unexploded ordnance, the destruction of small arms, and related
activities, notwithstanding any other provision of law, including
activities implemented through nongovernmental and international
organizations, and section 301 of the Foreign Assistance Act of
1961 for a United States contribution to the Comprehensive Nuclear
Test Ban Treaty Preparatory Commission, and for a voluntary
contribution to the International Atomic Energy Agency (IAEA):
Provided, That the Secretary of State shall inform the appropriate
congressional committees of information regarding any separate
arrangements relating to the ‘‘Road-map for the Clarification of
Past and Present Outstanding Issues Regarding Iran’s Nuclear
Program’’ between the IAEA and the Islamic Republic of Iran,
in classified form if necessary, if such information becomes known
to the Department of State: Provided further, That for the clearance
of unexploded ordnance, the Secretary of State should prioritize
those areas where such ordnance was caused by the United States:
Provided further, That funds made available under this heading
for the Nonproliferation and Disarmament Fund shall be made
available, notwithstanding any other provision of law and subject
to prior consultation with, and the regular notification procedures
of, the Committees on Appropriations, to promote bilateral and
multilateral activities relating to nonproliferation, disarmament,
and weapons destruction, and shall remain available until
expended: Provided further, That such funds may also be used
for such countries other than the Independent States of the former
Soviet Union and international organizations when it is in the
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Notification.
Iran.
Consultation.
Notification.
PUBL031
131 STAT. 610
Determination.
Notification.
PUBLIC LAW 115–31—MAY 5, 2017
national security interest of the United States to do so: Provided
further, That funds appropriated under this heading may be made
available for the IAEA unless the Secretary of State determines
that Israel is being denied its right to participate in the activities
of that Agency: Provided further, That funds made available for
conventional weapons destruction programs, including demining
and related activities, in addition to funds otherwise available for
such purposes, may be used for administrative expenses related
to the operation and management of such programs and activities,
subject to the regular notification procedures of the Committees
on Appropriations.
PEACEKEEPING OPERATIONS
For necessary expenses to carry out the provisions of section
551 of the Foreign Assistance Act of 1961, $135,041,000: Provided,
That funds appropriated under this heading may be used, notwithstanding section 660 of such Act, to provide assistance to enhance
the capacity of foreign civilian security forces, including gendarmes,
to participate in peacekeeping operations: Provided further, That
of the funds appropriated under this heading, not less than
$34,500,000 shall be made available for a United States contribution
to the Multinational Force and Observers mission in the Sinai:
Provided further, That none of the funds appropriated under this
heading shall be obligated except as provided through the regular
notification procedures of the Committees on Appropriations.
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL MILITARY EDUCATION AND TRAINING
For necessary expenses to carry out the provisions of section
541 of the Foreign Assistance Act of 1961, $110,300,000, of which
up to $6,000,000 may remain available until September 30, 2018:
Provided, That the civilian personnel for whom military education
and training may be provided under this heading may include
civilians who are not members of a government whose participation
would contribute to improved civil-military relations, civilian control
of the military, or respect for human rights: Provided further,
That of the funds appropriated under this heading, not to exceed
$55,000 may be available for entertainment expenses.
FOREIGN MILITARY FINANCING PROGRAM
Consultation.
Notification.
Grants.
Israel.
Deadline.
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For necessary expenses for grants to enable the President to
carry out the provisions of section 23 of the Arms Export Control
Act, $4,785,805,000: Provided, That to expedite the provision of
assistance to foreign countries and international organizations, the
Secretary of State, following consultation with the Committees on
Appropriations and subject to the regular notification procedures
of such Committees, may use the funds appropriated under this
heading to procure defense articles and services to enhance the
capacity of foreign security forces: Provided further, That of the
funds appropriated under this heading, not less than $3,100,000,000
shall be available for grants only for Israel: Provided further, That
funds appropriated under this heading for grants only for Israel
in fiscal year 2017 shall be disbursed within 30 days of enactment
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131 STAT. 611
of this Act: Provided further, That to the extent that the Government of Israel requests that funds be used for such purposes,
grants made available for Israel under this heading shall, as agreed
by the United States and Israel, be available for advanced weapons
systems, of which not less than $815,300,000 shall be available
for the procurement in Israel of defense articles and defense services, including research and development: Provided further, That
none of the funds made available under this heading shall be
made available to support or continue any program initially funded
under the authority of section 1206 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119
Stat. 3456), section 2282 of title 10, United States Code, section
333 of title 10, United States Code, as added by section 1241
of the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114–328), or any successor authorities, unless the
Secretary of State, in coordination with the Secretary of Defense,
has justified such program to the Committees on Appropriations:
Provided further, That funds appropriated or otherwise made available under this heading shall be nonrepayable notwithstanding
any requirement in section 23 of the Arms Export Control Act:
Provided further, That funds made available under this heading
shall be obligated upon apportionment in accordance with paragraph (5)(C) of section 1501(a) of title 31, United States Code.
None of the funds made available under this heading shall
be available to finance the procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act unless the foreign country proposing to make such procurement
has first signed an agreement with the United States Government
specifying the conditions under which such procurement may be
financed with such funds: Provided, That all country and funding
level increases in allocations shall be submitted through the regular
notification procedures of section 7015 of this Act: Provided further,
That funds made available under this heading may be used, notwithstanding any other provision of law, for demining, the clearance
of unexploded ordnance, and related activities, and may include
activities implemented through nongovernmental and international
organizations: Provided further, That only those countries for which
assistance was justified for the ‘‘Foreign Military Sales Financing
Program’’ in the fiscal year 1989 congressional presentation for
security assistance programs may utilize funds made available
under this heading for procurement of defense articles, defense
services, or design and construction services that are not sold by
the United States Government under the Arms Export Control
Act: Provided further, That funds appropriated under this heading
shall be expended at the minimum rate necessary to make timely
payment for defense articles and services: Provided further, That
not more than $80,000,000 of the funds appropriated under this
heading may be obligated for necessary expenses, including the
purchase of passenger motor vehicles for replacement only for use
outside of the United States, for the general costs of administering
military assistance and sales, except that this limitation may be
exceeded only through the regular notification procedures of the
Committees on Appropriations: Provided further, That of the funds
made available under this heading for general costs of administering
military assistance and sales, not to exceed $4,000 may be available
for entertainment expenses and not to exceed $130,000 may be
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Coordination.
Notification.
PUBL031
131 STAT. 612
PUBLIC LAW 115–31—MAY 5, 2017
available for representation expenses: Provided further, That not
more than $920,200,000 of funds realized pursuant to section
21(e)(1)(A) of the Arms Export Control Act may be obligated for
expenses incurred by the Department of Defense during fiscal year
2017 pursuant to section 43(b) of the Arms Export Control Act,
except that this limitation may be exceeded only through the regular
notification procedures of the Committees on Appropriations.
TITLE V
MULTILATERAL ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL ORGANIZATIONS AND PROGRAMS
For necessary expenses to carry out the provisions of section
301 of the Foreign Assistance Act of 1961, and of section 2 of
the United Nations Environment Program Participation Act of 1973,
$339,000,000: Provided, That section 307(a) of the Foreign Assistance Act of 1961 shall not apply to contributions to the United
Nations Democracy Fund.
INTERNATIONAL FINANCIAL INSTITUTIONS
GLOBAL ENVIRONMENT FACILITY
For payment to the International Bank for Reconstruction and
Development as trustee for the Global Environment Facility by
the Secretary of the Treasury, $146,563,000, to remain available
until expended.
CONTRIBUTION TO THE INTERNATIONAL DEVELOPMENT ASSOCIATION
For payment to the International Development Association by
the Secretary of the Treasury, $1,197,128,000, to remain available
until expended.
CONTRIBUTION TO THE INTERNATIONAL BANK FOR RECONSTRUCTION
AND DEVELOPMENT
For payment to the International Bank for Reconstruction and
Development by the Secretary of the Treasury for the United States
share of the paid-in portion of the increases in capital stock,
$5,963,421, to remain available until expended.
CONTRIBUTION TO THE INTER-AMERICAN DEVELOPMENT BANK
For payment to the Inter-American Development Bank by the
Secretary of the Treasury for the United States share of the paidin portion of the increase in capital stock, $21,939,727, to remain
available until expended.
CONTRIBUTION TO THE ASIAN DEVELOPMENT FUND
For payment to the Asian Development Bank’s Asian Development Fund by the Secretary of the Treasury, $99,233,000, to remain
available until expended.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 613
CONTRIBUTION TO THE AFRICAN DEVELOPMENT BANK
For payment to the African Development Bank by the Secretary
of the Treasury for the United States share of the paid-in portion
of the increase in capital stock, $32,418,000, to remain available
until expended.
LIMITATION ON CALLABLE CAPITAL SUBSCRIPTIONS
The United States Governor of the African Development Bank
may subscribe without fiscal year limitation to the callable capital
portion of the United States share of such capital stock in an
amount not to exceed $507,860,808.
CONTRIBUTION TO THE AFRICAN DEVELOPMENT FUND
For payment to the African Development Fund by the Secretary
of the Treasury, $214,332,000, to remain available until expended.
CONTRIBUTION TO THE INTERNATIONAL FUND FOR AGRICULTURAL
DEVELOPMENT
For payment to the International Fund for Agricultural
Development by the Secretary of the Treasury, $30,000,000, to
remain available until expended.
GLOBAL AGRICULTURE AND FOOD SECURITY PROGRAM
For payment to the Global Agriculture and Food Security Program by the Secretary of the Treasury, $23,000,000, to remain
available until expended.
TITLE VI
EXPORT AND INVESTMENT ASSISTANCE
EXPORT-IMPORT BANK
OF THE
UNITED STATES
INSPECTOR GENERAL
For necessary expenses of the Office of Inspector General in
carrying out the provisions of the Inspector General Act of 1978,
as amended, $5,700,000, to remain available until September 30,
2018.
PROGRAM ACCOUNT
The Export-Import Bank of the United States is authorized
to make such expenditures within the limits of funds and borrowing
authority available to such corporation, and in accordance with
law, and to make such contracts and commitments without regard
to fiscal year limitations, as provided by section 104 of the Government Corporation Control Act, as may be necessary in carrying
out the program for the current fiscal year for such corporation:
Provided, That none of the funds available during the current
fiscal year may be used to make expenditures, contracts, or commitments for the export of nuclear equipment, fuel, or technology
to any country, other than a nuclear-weapon state as defined in
Article IX of the Treaty on the Non-Proliferation of Nuclear
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Contracts.
PUBL031
131 STAT. 614
PUBLIC LAW 115–31—MAY 5, 2017
Weapons eligible to receive economic or military assistance under
this Act, that has detonated a nuclear explosive after the date
of the enactment of this Act.
ADMINISTRATIVE EXPENSES
Fees.
For administrative expenses to carry out the direct and guaranteed loan and insurance programs, including hire of passenger
motor vehicles and services as authorized by section 3109 of title
5, United States Code, and not to exceed $30,000 for official reception and representation expenses for members of the Board of
Directors, not to exceed $110,000,000: Provided, That the ExportImport Bank (the Bank) may accept, and use, payment or services
provided by transaction participants for legal, financial, or technical
services in connection with any transaction for which an application
for a loan, guarantee or insurance commitment has been made:
Provided further, That the Bank shall charge fees for necessary
expenses (including special services performed on a contract or
fee basis, but not including other personal services) in connection
with the collection of moneys owed the Bank, repossession or sale
of pledged collateral or other assets acquired by the Bank in satisfaction of moneys owed the Bank, or the investigation or appraisal
of any property, or the evaluation of the legal, financial, or technical
aspects of any transaction for which an application for a loan,
guarantee or insurance commitment has been made, or systems
infrastructure directly supporting transactions: Provided further,
That in addition to other funds appropriated for administrative
expenses, such fees shall be credited to this account for such purposes, to remain available until expended.
RECEIPTS COLLECTED
Receipts collected pursuant to the Export-Import Bank Act
of 1945, as amended, and the Federal Credit Reform Act of 1990,
as amended, in an amount not to exceed the amount appropriated
herein, shall be credited as offsetting collections to this account:
Provided, That the sums herein appropriated from the General
Fund shall be reduced on a dollar-for-dollar basis by such offsetting
collections so as to result in a final fiscal year appropriation from
the General Fund estimated at $0: Provided further, That amounts
collected in fiscal year 2017 in excess of obligations, up to
$10,000,000 shall become available on September 1, 2017, and
shall remain available until September 30, 2020.
OVERSEAS PRIVATE INVESTMENT CORPORATION
NONCREDIT ACCOUNT
The Overseas Private Investment Corporation is authorized
to make, without regard to fiscal year limitations, as provided
by section 9104 of title 31, United States Code, such expenditures
and commitments within the limits of funds available to it and
in accordance with law as may be necessary: Provided, That the
amount available for administrative expenses to carry out the credit
and insurance programs (including an amount for official reception
and representation expenses which shall not exceed $35,000) shall
not exceed $70,000,000: Provided further, That project-specific
transaction costs, including direct and indirect costs incurred in
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 615
claims settlements, and other direct costs associated with services
provided to specific investors or potential investors pursuant to
section 234 of the Foreign Assistance Act of 1961, shall not be
considered administrative expenses for the purposes of this heading.
PROGRAM ACCOUNT
For the cost of direct and guaranteed loans, $20,000,000, as
authorized by section 234 of the Foreign Assistance Act of 1961,
to be derived by transfer from the Overseas Private Investment
Corporation Noncredit Account: Provided, That such costs, including
the cost of modifying such loans, shall be as defined in section
502 of the Congressional Budget Act of 1974: Provided further,
That such sums shall be available for direct loan obligations and
loan guaranty commitments incurred or made during fiscal years
2017, 2018, and 2019: Provided further, That funds so obligated
in fiscal year 2017 remain available for disbursement through 2025;
funds obligated in fiscal year 2018 remain available for disbursement through 2026; and funds obligated in fiscal year 2019 remain
available for disbursement through 2027: Provided further, That
notwithstanding any other provision of law, the Overseas Private
Investment Corporation is authorized to undertake any program
authorized by title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 in Iraq: Provided further, That funds made available
pursuant to the authority of the previous proviso shall be subject
to the regular notification procedures of the Committees on Appropriations.
In addition, such sums as may be necessary for administrative
expenses to carry out the credit program may be derived from
amounts available for administrative expenses to carry out the
credit and insurance programs in the Overseas Private Investment
Corporation Noncredit Account and merged with said account.
Notification.
TRADE AND DEVELOPMENT AGENCY
For necessary expenses to carry out the provisions of section
661 of the Foreign Assistance Act of 1961, $75,000,000, to remain
available until September 30, 2018: Provided, That of the amounts
made available under this heading, up to $2,500,000 may be made
available to provide comprehensive procurement advice to foreign
governments to support local procurements funded by the United
States Agency for International Development, the Millennium Challenge Corporation, and the Department of State: Provided further,
That of the funds appropriated under this heading, not more than
$5,000 may be available for representation and entertainment
expenses.
TITLE VII
GENERAL PROVISIONS
ALLOWANCES AND DIFFERENTIALS
SEC. 7001. Funds appropriated under title I of this Act shall
be available, except as otherwise provided, for allowances and differentials as authorized by subchapter 59 of title 5, United States
Code; for services as authorized by section 3109 of such title and
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PUBL031
131 STAT. 616
PUBLIC LAW 115–31—MAY 5, 2017
for hire of passenger transportation pursuant to section 1343(b)
of title 31, United States Code.
UNOBLIGATED BALANCES REPORT
SEC. 7002. Any department or agency of the United States
Government to which funds are appropriated or otherwise made
available by this Act shall provide to the Committees on Appropriations a quarterly accounting of cumulative unobligated balances
and obligated, but unexpended, balances by program, project, and
activity, and Treasury Account Fund Symbol of all funds received
by such department or agency in fiscal year 2017 or any previous
fiscal year, disaggregated by fiscal year: Provided, That the report
required by this section shall be submitted not later than 30 days
after the end of each fiscal quarter and should specify by account
the amount of funds obligated pursuant to bilateral agreements
which have not been further sub-obligated.
CONSULTING SERVICES
SEC. 7003. The expenditure of any appropriation under title
I of this Act for any consulting service through procurement contract, pursuant to section 3109 of title 5, United States Code,
shall be limited to those contracts where such expenditures are
a matter of public record and available for public inspection, except
where otherwise provided under existing law, or under existing
Executive Order issued pursuant to existing law.
Contracts.
DIPLOMATIC FACILITIES
SEC. 7004. (a) CAPITAL
TION.—The Secretary of State
Notification.
Consultation.
Determination.
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SECURITY COST SHARING INFORMAshall promptly inform the Committees
on Appropriations of each instance in which a Federal department
or agency is delinquent in providing the full amount of funding
required by section 604(e) of the Secure Embassy Construction
and Counterterrorism Act of 1999 (22 U.S.C. 4865 note).
(b) EXCEPTION.—Notwithstanding paragraph (2) of section
604(e) of the Secure Embassy Construction and Counterterrorism
Act of 1999 (as enacted into law by section 1000(a)(7) of Public
Law 106–113 and contained in appendix G of that Act), as amended
by section 111 of the Department of State Authorities Act, Fiscal
Year 2017 (Public Law 114–323), a project to construct a facility
of the United States may include office space or other accommodations for members of the United States Marine Corps.
(c) NEW DIPLOMATIC FACILITIES.—For the purposes of calculating the fiscal year 2017 costs of providing new United States
diplomatic facilities in accordance with section 604(e) of the Secure
Embassy Construction and Counterterrorism Act of 1999 (22 U.S.C.
4865 note), the Secretary of State, in consultation with the Director
of the Office of Management and Budget, shall determine the annual
program level and agency shares in a manner that is proportional
to the contribution of the Department of State for this purpose.
(d) CONSULTATION AND NOTIFICATION REQUIREMENTS.—Funds
appropriated by this Act and prior Acts making appropriations
for the Department of State, foreign operations, and related programs, which may be made available for the acquisition of property
or award of construction contracts for overseas United States diplomatic facilities during fiscal year 2017, shall be subject to prior
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 617
consultation with, and the regular notification procedures of, the
Committees on Appropriations: Provided, That notifications pursuant to this subsection shall include the information enumerated
under the heading ‘‘Embassy Security, Construction, and Maintenance’’ in House Report 114–693 and Senate Report 114–290: Provided further, That any such notification for a new diplomatic
facility justified to the Committees on Appropriations in Appendix
1 of the Congressional Budget Justification, Department of State,
Diplomatic Engagement, Fiscal Year 2017, or not previously justified to such Committees, shall also include confirmation that the
Department of State has completed the requisite value engineering
studies required pursuant to OMB Circular A–131, Value
Engineering December 31, 2013 and the Bureau of Overseas
Building Operations Policy and Procedure Directive, P&PD, Cost
02: Value Engineering.
(e) INTERIM AND TEMPORARY FACILITIES ABROAD.—
(1) Funds appropriated by this Act under the heading
‘‘Embassy Security, Construction, and Maintenance’’ may be
made available to address security vulnerabilities at interim
and temporary United States diplomatic facilities abroad,
including physical security upgrades and local guard staffing,
except that the amount of funds made available for such purposes from this Act and prior Acts making appropriations for
the Department of State, foreign operations, and related programs shall be a minimum of $25,000,000: Provided, That
the uses of such funds should be the responsibility of the
Assistant Secretary for Diplomatic Security, Department of
State, in consultation with the Director of the Bureau of Overseas Buildings Operations, Department of State: Provided further, That such funds shall be subject to prior consultation
with the Committees on Appropriations.
(2) Notwithstanding any other provision of law, the
opening, closure, or any significant modification to an interim
or temporary United States diplomatic facility shall be subject
to prior consultation with the appropriate congressional
committees and the regular notification procedures of the
Committees on Appropriations, except that such consultation
and notification may be waived if there is a security risk
to personnel.
(f) TRANSFER OF FUNDS AUTHORITY.—Funds appropriated under
the heading ‘‘Diplomatic and Consular Programs’’, including for
Worldwide Security Protection, and under the heading ‘‘Embassy
Security, Construction, and Maintenance’’ in titles I and VIII of
this Act may be transferred to, and merged with, funds appropriated
by such titles under such headings if the Secretary of State determines and reports to the Committees on Appropriations that to
do so is necessary to implement the recommendations of the
Benghazi Accountability Review Board, or to prevent or respond
to security situations and requirements, following consultation with,
and subject to the regular notification procedures of, such Committees: Provided, That such transfer authority is in addition to any
transfer authority otherwise available under any other provision
of law.
(g) SOFT TARGETS.—Funds appropriated by this Act under the
heading ‘‘Embassy Security, Construction, and Maintenance’’ may
be made available for security upgrades to soft targets, including
schools, recreational facilities, and residences used by United States
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Consultation.
Notification.
Waiver authority.
Determination.
Reports.
Consultation.
Notification.
PUBL031
131 STAT. 618
Consultation.
Termination
date.
22 USC 4864
note.
Deadline.
Consultation.
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PUBLIC LAW 115–31—MAY 5, 2017
diplomatic personnel and their dependents, except that the amount
made available for such purposes shall be a minimum of
$10,000,000: Provided, That the uses of such funds should be the
responsibility of the Assistant Secretary for Diplomatic Security,
Department of State, in consultation with the Director of the Bureau
of Overseas Building Operations.
(h) REPORTS.—
(1) None of the funds appropriated under the heading
‘‘Embassy Security, Construction, and Maintenance’’ in this
Act and prior Acts making appropriations for the Department
of State, foreign operations, and related programs, made available through Federal agency Capital Security Cost Sharing
contributions and reimbursements, or generated from the proceeds of real property sales, other than from real property
sales located in London, United Kingdom, may be made available for site acquisition and mitigation, planning, design, or
construction of the New London Embassy: Provided, That the
reporting requirement contained in section 7004(f)(2) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2012 (division I of Public Law 112–
74) shall remain in effect during fiscal year 2017.
(2) Within 45 days of enactment of this Act and every
4 months thereafter until September 30, 2018, the Secretary
of State shall submit to the Committees on Appropriations
a report on the new Mexico City Embassy and Beirut Embassy
projects: Provided, That such report shall include, for each
of the projects—
(A) a detailed breakout of the project factors that
formed the basis of the initial cost estimate used to justify
such project to the Committees on Appropriations, as
described under the heading ‘‘Embassy Security Construction and Maintenance’’ in House Report 114–693;
(B) a comparison of the current project factors as compared to the project factors submitted pursuant to subparagraph (A) of this subsection, and an explanation of any
changes; and
(C) the impact of currency exchange rate fluctuations
on project costs.
(i) STRENGTHENING OVERSIGHT.—Funds appropriated by this
Act and prior Acts making appropriations for the Department of
State, foreign operations, and related programs under the heading
‘‘Diplomatic and Consular Programs’’ for Worldwide Security Protection shall be made available to strengthen oversight of the local
guard force at a critical post abroad through the use of United
States Government employees or contractors who are United States
citizens: Provided, That such funds are in addition to funds otherwise made available by such Acts for such purposes: Provided
further, That the total annual operating costs associated with providing such oversight in fiscal year 2017 and subsequent fiscal
years shall be shared among agencies through the International
Cooperative Administrative Support Services program: Provided
further, That not later than 45 days after enactment of this Act,
and prior to the obligation of funds for such purposes, the Secretary
of State shall consult with the Committees on Appropriations on
plans to carry out the requirement of this subsection: Provided
further, That amounts made available pursuant to this subsection
from prior Acts making appropriations for the Department of State,
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 619
foreign operations, and related programs that were previously designated by the Congress for Overseas Contingency Operation/Global
War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
such Act.
PERSONNEL ACTIONS
SEC. 7005. Any costs incurred by a department or agency funded
under title I of this Act resulting from personnel actions taken
in response to funding reductions included in this Act shall be
absorbed within the total budgetary resources available under title
I to such department or agency: Provided, That the authority to
transfer funds between appropriations accounts as may be necessary
to carry out this section is provided in addition to authorities
included elsewhere in this Act: Provided further, That use of funds
to carry out this section shall be treated as a reprogramming
of funds under section 7015 of this Act.
DEPARTMENT OF STATE MANAGEMENT
SEC. 7006. (a) FINANCIAL SYSTEMS IMPROVEMENT.—Funds
appropriated by this Act for the operations of the Department
of State under the headings ‘‘Diplomatic and Consular Programs’’
and ‘‘Capital Investment Fund’’ shall be made available to implement the recommendations contained in the Foreign Assistance
Data Review Findings Report (FADR) and the Office of Inspector
General (OIG) report entitled ‘‘Department Financial Systems Are
Insufficient to Track and Report on Foreign Assistance Funds’’:
Provided, That not later than 45 days after enactment of this
Act, the Secretary of State shall submit to the Committees on
Appropriations a plan, including timeline and costs, for implementing the FADR and OIG recommendations: Provided further,
That such funds may not be obligated for enhancements to, or
expansions of, the Budget System Modernization Financial System,
Central Resource Management System, Joint Financial Management System, or Foreign Assistance Coordination and Tracking
System until such plan is submitted to the Committees on Appropriations: Provided further, That such funds may not be obligated
for new, or expansion of existing, ad hoc electronic systems to
track commitments, obligations or expenditures of funds unless
the Secretary of State, following consultation with the Chief
Information Officer of the Department of State, has reviewed and
certified that such new system or expansion is consistent with
the FADR and OIG recommendations.
(b) WORKING CAPITAL FUND.—Funds appropriated by this Act
or otherwise made available to the Department of State for payments to the Working Capital Fund may only be used for the
service centers included in Appendix 1 of the Congressional Budget
Justification, Department of State, Diplomatic Engagement, Fiscal
Year 2017: Provided, That the amounts for such service centers
shall be the amounts included in such budget justification, except
as provided in section 7015(b) of this Act: Provided further, That
Federal agency components shall be charged only for their direct
usage of each Working Capital Fund service: Provided further,
That prior to increasing the percentage charged to Department
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Implementation
plan.
Consultation.
Review.
Certification.
Contracts.
Time period.
Assessment.
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131 STAT. 620
Deadline.
Reports.
Plan.
Timeline.
PUBLIC LAW 115–31—MAY 5, 2017
of State bureaus and offices for procurement-related activities, the
Secretary of State shall include the proposed increase in the Department of State budget justification or, at least 60 days prior to
the increase, provide the Committees on Appropriations a justification for such increase, including a detailed assessment of the cost
and benefit of the services provided by the procurement fee: Provided further, That Federal agency components may only pay for
Working Capital Fund services that are consistent with the purpose
and authorities of such components: Provided further, That the
Working Capital Fund shall be paid in advance or reimbursed
at rates which will return the full cost of each service.
(c) CERTIFICATION REQUIREMENT.—Not later than 45 days after
the initial obligation of funds appropriated under titles III and
IV of this Act that are made available to a Department of State
bureau or office with responsibility for the oversight or management
of such funds, the Secretary of State shall certify and report to
the Committees on Appropriations, on an individual bureau or
office basis, that such bureau or office is in compliance with Department and Federal financial management policies, procedures and
regulations, as appropriate: Provided, That if the Secretary is
unable to make such certification for an individual bureau or office,
the Secretary shall submit a plan and timeline to such Committees
detailing the steps to be taken to ensure such compliance.
(d) REPORT ON SOLE SOURCE AWARDS.—Not later than
December 31, 2017, the Secretary of State shall submit a report
to the appropriate congressional committees detailing all sole-source
awards made by the Department of State during the previous
fiscal year in excess of $2,000,000: Provided, That such report
should be posted on the Department of State Web site.
PROHIBITION AGAINST DIRECT FUNDING FOR CERTAIN COUNTRIES
SEC. 7007. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance or reparations for the governments of Cuba, North Korea, Iran, or Syria:
Provided, That for purposes of this section, the prohibition on
obligations or expenditures shall include direct loans, credits, insurance, and guarantees of the Export-Import Bank or its agents.
´ TAT
COUPS D’E
Certification.
Reports.
Notification.
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SEC. 7008. None of the funds appropriated or otherwise made
available pursuant to titles III through VI of this Act shall be
obligated or expended to finance directly any assistance to the
government of any country whose duly elected head of government
is deposed by military coup d’e´tat or decree or, after the date
of enactment of this Act, a coup d’e´tat or decree in which the
military plays a decisive role: Provided, That assistance may be
resumed to such government if the Secretary of State certifies
and reports to the appropriate congressional committees that subsequent to the termination of assistance a democratically elected
government has taken office: Provided further, That the provisions
of this section shall not apply to assistance to promote democratic
elections or public participation in democratic processes: Provided
further, That funds made available pursuant to the previous provisos shall be subject to the regular notification procedures of the
Committees on Appropriations.
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131 STAT. 621
TRANSFER OF FUNDS AUTHORITY
SEC. 7009. (a) DEPARTMENT OF STATE AND BROADCASTING
BOARD OF GOVERNORS.—
(1) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Department of
State under title I of this Act may be transferred between,
and merged with, such appropriations, but no such appropriation, except as otherwise specifically provided, shall be
increased by more than 10 percent by any such transfers,
and no such transfer may be made to increase the appropriation
under the heading ‘‘Representation Expenses’’.
(2) Not to exceed 5 percent of any appropriation made
available for the current fiscal year for the Broadcasting Board
of Governors under title I of this Act may be transferred
between, and merged with, such appropriations, but no such
appropriation, except as otherwise specifically provided, shall
be increased by more than 10 percent by any such transfers.
(3) Any transfer pursuant to this subsection shall be treated
as a reprogramming of funds under section 7015 of this Act
and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section.
(b) TITLE VI AGENCIES.—Not to exceed 5 percent of any appropriation other than for administrative expenses made available
for fiscal year 2017, for programs under title VI of this Act may
be transferred between such appropriations for use for any of the
purposes, programs, and activities for which the funds in such
receiving account may be used, but no such appropriation, except
as otherwise specifically provided, shall be increased by more than
25 percent by any such transfer: Provided, That the exercise of
such authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
(c) LIMITATION ON TRANSFERS OF FUNDS BETWEEN AGENCIES.—
(1) None of the funds made available under titles II through
V of this Act may be transferred to any department, agency,
or instrumentality of the United States Government, except
pursuant to a transfer made by, or transfer authority provided
in, this Act or any other appropriations Act.
(2) Notwithstanding paragraph (1), in addition to transfers
made by, or authorized elsewhere in, this Act, funds appropriated by this Act to carry out the purposes of the Foreign
Assistance Act of 1961 may be allocated or transferred to agencies of the United States Government pursuant to the provisions
of sections 109, 610, and 632 of the Foreign Assistance Act
of 1961.
(3) Any agreement entered into by the United States
Agency for International Development or the Department of
State with any department, agency, or instrumentality of the
United States Government pursuant to section 632(b) of the
Foreign Assistance Act of 1961 valued in excess of $1,000,000
and any agreement made pursuant to section 632(a) of such
Act, with funds appropriated by this Act or prior Acts making
appropriations for the Department of State, foreign operations,
and related programs under the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic Support Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall
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Notification.
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131 STAT. 622
President.
Time period.
Consultation.
Lists.
PUBLIC LAW 115–31—MAY 5, 2017
be subject to the regular notification procedures of the Committees on Appropriations: Provided, That the requirement in the
previous sentence shall not apply to agreements entered into
between USAID and the Department of State.
(d) TRANSFER OF FUNDS BETWEEN ACCOUNTS.—None of the
funds made available under titles II through V of this Act may
be obligated under an appropriations account to which such funds
were not appropriated, except for transfers specifically provided
for in this Act, unless the President, not less than 5 days prior
to the exercise of any authority contained in the Foreign Assistance
Act of 1961 to transfer funds, consults with and provides a written
policy justification to the Committees on Appropriations.
(e) AUDIT OF INTER-AGENCY TRANSFERS OF FUNDS.—Any agreement for the transfer or allocation of funds appropriated by this
Act or prior Acts making appropriations for the Department of
State, foreign operations and related programs, entered into
between the Department of State or USAID and another agency
of the United States Government under the authority of section
632(a) of the Foreign Assistance Act of 1961 or any comparable
provision of law, shall expressly provide that the Inspector General
(IG) for the agency receiving the transfer or allocation of such
funds, or other entity with audit responsibility if the receiving
agency does not have an IG, shall perform periodic program and
financial audits of the use of such funds and report to the Department of State or USAID, as appropriate, upon completion of such
audits: Provided, That such audits shall be transmitted to the
Committees on Appropriations by the Department of State or
USAID, as appropriate: Provided further, That funds transferred
under such authority may be made available for the cost of such
audits.
(f) REPORT.—Not later than 90 days after enactment of this
Act, the Secretary of State and the USAID Administrator shall
each submit a report to the Committees on Appropriations detailing
all transfers to another agency of the United States Government
made pursuant to sections 632(a) and 632(b) of the Foreign Assistance Act of 1961 with funds provided in the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2016
(division K of Public Law 114–113) as of the date of enactment
of this Act: Provided, That such reports shall include a list of
each transfer made pursuant to such sections with the respective
funding level, appropriation account, and the receiving agency.
PROHIBITION ON CERTAIN OPERATIONAL EXPENSES
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SEC. 7010. (a) FIRST-CLASS TRAVEL.—None of the funds made
available by this Act may be used for first-class travel by employees
of United States Government departments and agencies funded
by this Act in contravention of section 301–10.122 through 301–
10.124 of title 41, Code of Federal Regulations.
(b) COMPUTER NETWORKS.—None of the funds made available
by this Act for the operating expenses of any United States Government department or agency may be used to establish or maintain
a computer network for use by such department or agency unless
such network has filters designed to block access to sexually explicit
Web sites: Provided, That nothing in this subsection shall limit
the use of funds necessary for any Federal, State, tribal, or local
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131 STAT. 623
law enforcement agency, or any other entity carrying out the following activities: criminal investigations, prosecutions, and adjudications; administrative discipline; and the monitoring of such
Web sites undertaken as part of official business.
(c) PROHIBITION ON PROMOTION OF TOBACCO.—None of the
funds made available by this Act shall be available to promote
the sale or export of tobacco or tobacco products, or to seek the
reduction or removal by any foreign country of restrictions on
the marketing of tobacco or tobacco products, except for restrictions
which are not applied equally to all tobacco or tobacco products
of the same type.
AVAILABILITY OF FUNDS
SEC. 7011. No part of any appropriation contained in this
Act shall remain available for obligation after the expiration of
the current fiscal year unless expressly so provided by this Act:
Provided, That funds appropriated for the purposes of chapters
1 and 8 of part I, section 661, chapters 4, 5, 6, 8, and 9 of
part II of the Foreign Assistance Act of 1961, section 23 of the
Arms Export Control Act, and funds provided under the headings
‘‘Development Credit Authority’’ and ‘‘Assistance for Europe, Eurasia and Central Asia’’ shall remain available for an additional
4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially obligated
before the expiration of their respective periods of availability contained in this Act: Provided further, That notwithstanding any
other provision of this Act, any funds made available for the purposes of chapter 1 of part I and chapter 4 of part II of the Foreign
Assistance Act of 1961 which are allocated or obligated for cash
disbursements in order to address balance of payments or economic
policy reform objectives, shall remain available for an additional
4 years from the date on which the availability of such funds
would otherwise have expired, if such funds are initially allocated
or obligated before the expiration of their respective periods of
availability contained in this Act: Provided further, That the Secretary of State shall provide a report to the Committees on Appropriations not later than October 30, 2017, detailing by account
and source year, the use of this authority during the previous
fiscal year.
Extension.
Reports.
Deadline.
LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT
SEC. 7012. No part of any appropriation provided under titles
III through VI in this Act shall be used to furnish assistance
to the government of any country which is in default during a
period in excess of 1 calendar year in payment to the United
States of principal or interest on any loan made to the government
of such country by the United States pursuant to a program for
which funds are appropriated under this Act unless the President
determines, following consultations with the Committees on Appropriations, that assistance for such country is in the national interest
of the United States.
President.
Determination.
Consultation.
PROHIBITION ON TAXATION OF UNITED STATES ASSISTANCE
SEC. 7013. (a) PROHIBITION ON TAXATION.—None of the funds
appropriated under titles III through VI of this Act may be made
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131 STAT. 624
Deadline.
Reports.
Reports.
Consultation.
Regulations.
Guidance.
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PUBLIC LAW 115–31—MAY 5, 2017
available to provide assistance for a foreign country under a new
bilateral agreement governing the terms and conditions under which
such assistance is to be provided unless such agreement includes
a provision stating that assistance provided by the United States
shall be exempt from taxation, or reimbursed, by the foreign government, and the Secretary of State and the Administrator of the
United States Agency for International Development shall expeditiously seek to negotiate amendments to existing bilateral agreements, as necessary, to conform with this requirement.
(b) NOTIFICATION AND REIMBURSEMENT OF FOREIGN TAXES.—
An amount equivalent to 200 percent of the total taxes assessed
during fiscal year 2017 on funds appropriated by this Act and
prior Acts making appropriations for the Department of State,
foreign operations, and related programs by a foreign government
or entity against United States assistance programs, either directly
or through grantees, contractors, and subcontractors shall be withheld from obligation from funds appropriated for assistance for
fiscal year 2018 and for prior fiscal years and allocated for the
central government of such country or for the West Bank and
Gaza program if, not later than September 30, 2018, such taxes
have not been reimbursed: Provided, That the Secretary of State
shall report to the Committees on Appropriations by such date
on the foreign governments and entities that have not reimbursed
such taxes, including any amount of funds withheld pursuant to
this subsection.
(c) DE MINIMIS EXCEPTION.—Foreign taxes of a de minimis
nature shall not be subject to the provisions of subsection (b).
(d) REPROGRAMMING OF FUNDS.—Funds withheld from obligation for each foreign government or entity pursuant to subsection
(b) shall be reprogrammed for assistance for countries which do
not assess taxes on United States assistance or which have an
effective arrangement that is providing substantial reimbursement
of such taxes, and that can reasonably accommodate such assistance
in a programmatically responsible manner.
(e) DETERMINATIONS.—
(1) The provisions of this section shall not apply to any
foreign government or entity that assesses such taxes if the
Secretary of State reports to the Committees on Appropriations
that—
(A) such foreign government or entity has an effective
arrangement that is providing substantial reimbursement
of such taxes; or
(B) the foreign policy interests of the United States
outweigh the purpose of this section to ensure that United
States assistance is not subject to taxation.
(2) The Secretary of State shall consult with the Committees on Appropriations at least 15 days prior to exercising
the authority of this subsection with regard to any foreign
government or entity.
(f) IMPLEMENTATION.—The Secretary of State shall issue rules,
regulations, or policy guidance, as appropriate, to implement the
prohibition against the taxation of assistance contained in this
section.
(g) DEFINITIONS.—As used in this section—
(1) the term ‘‘bilateral agreement’’ refers to a framework
bilateral agreement between the Government of the United
States and the government of the country receiving assistance
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131 STAT. 625
that describes the privileges and immunities applicable to
United States foreign assistance for such country generally,
or an individual agreement between the Government of the
United States and such government that describes, among other
things, the treatment for tax purposes that will be accorded
the United States assistance provided under that agreement;
and
(2) the term ‘‘taxes and taxation’’ shall include value added
taxes and customs duties but shall not include individual
income taxes assessed to local staff.
(h) REPORT.—The Secretary of State, in consultation with the
heads of other relevant departments or agencies of the United
States Government, shall submit a report to the Committees on
Appropriations, not later than 90 days after the enactment of this
Act, detailing steps taken by such departments or agencies to
comply with the requirements of this section, including rules, regulations, and policy guidance issued pursuant to subsection (f).
RESERVATIONS OF FUNDS
SEC. 7014. (a) REPROGRAMMING.—Funds appropriated under
titles III through VI of this Act which are specifically designated
may be reprogrammed for other programs within the same account
notwithstanding the designation if compliance with the designation
is made impossible by operation of any provision of this or any
other Act: Provided, That any such reprogramming shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That assistance that is reprogrammed
pursuant to this subsection shall be made available under the
same terms and conditions as originally provided.
(b) EXTENSION OF AVAILABILITY.—In addition to the authority
contained in subsection (a), the original period of availability of
funds appropriated by this Act and administered by the Department
of State or the United States Agency for International Development
that are specifically designated for particular programs or activities
by this or any other Act may be extended for an additional fiscal
year if the Secretary of State or the USAID Administrator, as
appropriate, determines and reports promptly to the Committees
on Appropriations that the termination of assistance to a country
or a significant change in circumstances makes it unlikely that
such designated funds can be obligated during the original period
of availability: Provided, That such designated funds that continue
to be available for an additional fiscal year shall be obligated
only for the purpose of such designation.
(c) OTHER ACTS.—Ceilings and specifically designated funding
levels contained in this Act shall not be applicable to funds or
authorities appropriated or otherwise made available by any subsequent Act unless such Act specifically so directs: Provided, That
specifically designated funding levels or minimum funding requirements contained in any other Act shall not be applicable to funds
appropriated by this Act.
Notification.
Determination.
Reports.
NOTIFICATION REQUIREMENTS
SEC. 7015. (a) NOTIFICATION OF CHANGES IN PROGRAMS,
PROJECTS, AND ACTIVITIES.—None of the funds made available in
titles I and II of this Act or prior Acts making appropriations
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PUBLIC LAW 115–31—MAY 5, 2017
for the Department of State, foreign operations, and related programs to the departments and agencies funded by this Act that
remain available for obligation in fiscal year 2017, or provided
from any accounts in the Treasury of the United States derived
by the collection of fees or of currency reflows or other offsetting
collections, or made available by transfer, to the departments and
agencies funded by this Act, shall be available for obligation to—
(1) create new programs;
(2) eliminate a program, project, or activity;
(3) close, suspend, open, or reopen a mission or post;
(4) create, close, reorganize, or rename bureaus, centers,
or offices; or
(5) contract out or privatize any functions or activities
presently performed by Federal employees;
unless previously justified to the Committees on Appropriations
or such Committees are notified 15 days in advance of such obligation.
(b) NOTIFICATION OF REPROGRAMMING OF FUNDS.—None of the
funds provided under titles I and II of this Act or prior Acts
making appropriations for the Department of State, foreign operations, and related programs, to the departments and agencies
funded under titles I and II of this Act that remain available
for obligation in fiscal year 2017, or provided from any accounts
in the Treasury of the United States derived by the collection
of fees available to the department and agency funded under title
I of this Act, shall be available for obligation or expenditure for
activities, programs, or projects through a reprogramming of funds
in excess of $1,000,000 or 10 percent, whichever is less, that—
(1) augments or changes existing programs, projects, or
activities;
(2) relocates an existing office or employees;
(3) reduces by 10 percent funding for any existing program,
project, or activity, or numbers of personnel by 10 percent
as approved by Congress; or
(4) results from any general savings, including savings
from a reduction in personnel, which would result in a change
in existing programs, activities, or projects as approved by
Congress;
unless the Committees on Appropriations are notified 15 days in
advance of such reprogramming of funds.
(c) NOTIFICATION REQUIREMENT.—None of the funds made
available by this Act under the headings ‘‘Global Health Programs’’,
‘‘Development Assistance’’, ‘‘International Organizations and Programs’’, ‘‘Trade and Development Agency’’, ‘‘International Narcotics
Control and Law Enforcement’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
‘‘Peacekeeping Operations’’, ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, ‘‘Millennium Challenge Corporation’’, ‘‘Foreign Military Financing Program’’, ‘‘International Military
Education and Training’’, and ‘‘Peace Corps’’, shall be available
for obligation for activities, programs, projects, type of materiel
assistance, countries, or other operations not justified or in excess
of the amount justified to the Committees on Appropriations for
obligation under any of these specific headings unless the Committees on Appropriations are notified 15 days in advance: Provided,
That the President shall not enter into any commitment of funds
appropriated for the purposes of section 23 of the Arms Export
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131 STAT. 627
Control Act for the provision of major defense equipment, other
than conventional ammunition, or other major defense items defined
to be aircraft, ships, missiles, or combat vehicles, not previously
justified to Congress or 20 percent in excess of the quantities
justified to Congress unless the Committees on Appropriations are
notified 15 days in advance of such commitment: Provided further,
That requirements of this subsection or any similar provision of
this or any other Act shall not apply to any reprogramming for
an activity, program, or project for which funds are appropriated
under titles III through VI of this Act of less than 10 percent
of the amount previously justified to Congress for obligation for
such activity, program, or project for the current fiscal year: Provided further, That any notification submitted pursuant to subsection (f) of this section shall include information (if known on
the date of transmittal of such notification) on the use of notwithstanding authority: Provided further, That if subsequent to the
notification of assistance it becomes necessary to rely on notwithstanding authority, the Committees on Appropriations should be
informed at the earliest opportunity and to the extent practicable.
(d) NOTIFICATION OF TRANSFER OF FUNDS.—Notwithstanding
any other provision of law, with the exception of funds transferred
to, and merged with, funds appropriated under title I of this Act,
funds transferred by the Department of Defense to the Department
of State and the United States Agency for International Development for assistance for foreign countries and international organizations, and funds made available for programs previously authorized
under section 1206 of the National Defense Authorization Act for
Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3456), section
2282 of title 10, United States Code, section 333 of title 10, United
States Code, as added by section 1241 of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114–328), or
any successor authorities, shall be subject to the regular notification
procedures of the Committees on Appropriations.
(e) WAIVER.—The requirements of this section or any similar
provision of this Act or any other Act, including any prior Act
requiring notification in accordance with the regular notification
procedures of the Committees on Appropriations, may be waived
if failure to do so would pose a substantial risk to human health
or welfare: Provided, That in case of any such waiver, notification
to the Committees on Appropriations shall be provided as early
as practicable, but in no event later than 3 days after taking
the action to which such notification requirement was applicable,
in the context of the circumstances necessitating such waiver: Provided further, That any notification provided pursuant to such
a waiver shall contain an explanation of the emergency circumstances.
(f) COUNTRY NOTIFICATION REQUIREMENTS.—None of the funds
appropriated under titles III through VI of this Act may be obligated
or expended for assistance for Afghanistan, Bahrain, Bolivia,
Burma, Cambodia, Colombia, Cuba, Ecuador, Egypt, El Salvador,
Ethiopia, Guatemala, Haiti, Honduras, Iran, Iraq, Lebanon, Libya,
Mexico, Pakistan, Philippines, the Russian Federation, Somalia,
South Sudan, Sri Lanka, Sudan, Syria, Uzbekistan, Venezuela,
Yemen, and Zimbabwe except as provided through the regular
notification procedures of the Committees on Appropriations.
(g) TRUST FUNDS.—Funds appropriated or otherwise made
available in title III of this Act and prior Acts making funds
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available for the Department of State, foreign operations, and
related programs that are made available for a trust fund held
by an international financial institution as defined by section
7034(r)(3) of this Act shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided, That
such notification shall include the information specified under this
section in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act).
(h) PILOT PROGRAM NOTIFICATION REQUIREMENT.—Funds
appropriated under Title I of this Act under the heading ‘‘Diplomatic
and Consular Programs’’ that are made available for a pilot program
for lateral entry into the Foreign Service shall be subject to prior
consultation with, and the regular notification procedures of, the
Committees on Appropriations.
(i) WITHHOLDING OF FUNDS.—Funds appropriated by this Act
under titles III and IV that are withheld from obligation or otherwise not programmed as a result of application of a provision
of law in this or any other Act shall, if reprogrammed, be subject
to the regular notification procedures of the Committees on Appropriations.
NOTIFICATION ON EXCESS DEFENSE EQUIPMENT
SEC. 7016. Prior to providing excess Department of Defense
articles in accordance with section 516(a) of the Foreign Assistance
Act of 1961, the Department of Defense shall notify the Committees
on Appropriations to the same extent and under the same conditions
as other committees pursuant to subsection (f) of that section:
Provided, That before issuing a letter of offer to sell excess defense
articles under the Arms Export Control Act, the Department of
Defense shall notify the Committees on Appropriations in accordance with the regular notification procedures of such Committees
if such defense articles are significant military equipment (as
defined in section 47(9) of the Arms Export Control Act) or are
valued (in terms of original acquisition cost) at $7,000,000 or more,
or if notification is required elsewhere in this Act for the use
of appropriated funds for specific countries that would receive such
excess defense articles: Provided further, That such Committees
shall also be informed of the original acquisition cost of such defense
articles.
LIMITATION ON AVAILABILITY OF FUNDS FOR INTERNATIONAL
ORGANIZATIONS AND PROGRAMS
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SEC. 7017. Subject to the regular notification procedures of
the Committees on Appropriations, funds appropriated under titles
I and III through V of this Act, which are returned or not made
available for organizations and programs because of the
implementation of section 307(a) of the Foreign Assistance Act
of 1961, shall remain available for obligation until September 30,
2019: Provided, That the requirement to withhold funds for programs in Burma under section 307(a) of the Foreign Assistance
Act of 1961 shall not apply to funds appropriated by this Act.
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PROHIBITION ON FUNDING FOR ABORTIONS AND INVOLUNTARY
STERILIZATION
SEC. 7018. None of the funds made available to carry out
part I of the Foreign Assistance Act of 1961, as amended, may
be used to pay for the performance of abortions as a method of
family planning or to motivate or coerce any person to practice
abortions. None of the funds made available to carry out part
I of the Foreign Assistance Act of 1961, as amended, may be
used to pay for the performance of involuntary sterilization as
a method of family planning or to coerce or provide any financial
incentive to any person to undergo sterilizations. None of the funds
made available to carry out part I of the Foreign Assistance Act
of 1961, as amended, may be used to pay for any biomedical research
which relates in whole or in part, to methods of, or the performance
of, abortions or involuntary sterilization as a means of family planning. None of the funds made available to carry out part I of
the Foreign Assistance Act of 1961, as amended, may be obligated
or expended for any country or organization if the President certifies
that the use of these funds by any such country or organization
would violate any of the above provisions related to abortions and
involuntary sterilizations.
President.
Certification.
ALLOCATIONS
SEC. 7019. (a) ALLOCATION TABLES.—Subject to subsection (b),
funds appropriated by this Act under titles III through V shall
be made available in the amounts specifically designated in the
respective tables included in the explanatory statement described
in section 4 (in the matter preceding division A of this Consolidated
Act): Provided, That such designated amounts for foreign countries
and international organizations shall serve as the amounts for
such countries and international organizations transmitted to Congress in the report required by section 653(a) of the Foreign Assistance Act of 1961.
(b) AUTHORIZED DEVIATIONS.—Unless otherwise provided for
by this Act, the Secretary of State and the Administrator of the
United States Agency for International Development, as applicable,
may only deviate up to 5 percent from the amounts specifically
designated in the respective tables included in the explanatory
statement described in section 4 (in the matter preceding division
A of this Consolidated Act): Provided, That such percentage may
be exceeded only to respond to significant, exigent, or unforeseen
events, or to address other exceptional circumstances directly
related to the national interest: Provided further, That deviations
pursuant to the previous proviso shall be subject to prior consultation with, and the regular notification procedures of, the Committees
on Appropriations.
(c) LIMITATION.—For specifically designated amounts that are
included, pursuant to subsection (a), in the report required by
section 653(a) of the Foreign Assistance Act of 1961, no deviations
authorized by subsection (b) may take place until submission of
such report.
(d) EXCEPTIONS.—
(1) Subsections (a) and (b) shall not apply to—
(A) amounts designated for ‘‘International Military
Education and Training’’ in the respective tables included
in the explanatory statement described in section 4 (in
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Notification.
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PUBLIC LAW 115–31—MAY 5, 2017
the matter preceding division A of this Consolidated Act);
and
(B) funds for which the initial period of availability
has expired.
(2) The authority in subsection (b) to deviate below amounts
designated in the respective tables included in the joint
explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act) shall not apply
to the table included under the heading ‘‘Global Health Programs’’ in such joint explanatory statement.
REPRESENTATION AND ENTERTAINMENT EXPENSES
SEC. 7020. (a) USES OF FUNDS.—Each Federal department,
agency, or entity funded in titles I or II of this Act, and the
Department of the Treasury and independent agencies funded in
titles III or VI of this Act, shall take steps to ensure that domestic
and overseas representation and entertainment expenses further
official agency business and United States foreign policy interests—
(1) are primarily for fostering relations outside of the
Executive Branch;
(2) are principally for meals and events of a protocol nature;
(3) are not for employee-only events; and
(4) do not include activities that are substantially of a
recreational character.
(b) LIMITATIONS.—None of the funds appropriated or otherwise
made available by this Act under the headings ‘‘International Military Education and Training’’ or ‘‘Foreign Military Financing Program’’ for Informational Program activities or under the headings
‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘Economic
Support Fund’’, and ‘‘Assistance for Europe, Eurasia and Central
Asia’’ may be obligated or expended to pay for—
(1) alcoholic beverages; or
(2) entertainment expenses for activities that are substantially of a recreational character, including but not limited
to entrance fees at sporting events, theatrical and musical
productions, and amusement parks.
PROHIBITION ON ASSISTANCE TO GOVERNMENTS SUPPORTING
INTERNATIONAL TERRORISM
SEC. 7021. (a) LETHAL MILITARY EQUIPMENT EXPORTS.—
(1) PROHIBITION.—None of the funds appropriated or otherwise made available by titles III through VI of this Act may
be made available to any foreign government which provides
lethal military equipment to a country the government of which
the Secretary of State has determined supports international
terrorism for purposes of section 6(j) of the Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act: Provided, That the
prohibition under this section with respect to a foreign government shall terminate 12 months after that government ceases
to provide such military equipment: Provided further, That
this section applies with respect to lethal military equipment
provided under a contract entered into after October 1, 1997.
(2) DETERMINATION.—Assistance restricted by paragraph
(1) or any other similar provision of law, may be furnished
President.
Termination
date.
Applicability.
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if the President determines that to do so is important to the
national interest of the United States.
(3) REPORT.—Whenever the President makes a determination pursuant to paragraph (2), the President shall submit
to the Committees on Appropriations a report with respect
to the furnishing of such assistance, including a detailed explanation of the assistance to be provided, the estimated dollar
amount of such assistance, and an explanation of how the
assistance furthers United States national interest.
(b) BILATERAL ASSISTANCE.—
(1) LIMITATIONS.—Funds appropriated for bilateral assistance in titles III through VI of this Act and funds appropriated
under any such title in prior Acts making appropriations for
the Department of State, foreign operations, and related programs, shall not be made available to any foreign government
which the President determines—
(A) grants sanctuary from prosecution to any individual
or group which has committed an act of international terrorism;
(B) otherwise supports international terrorism; or
(C) is controlled by an organization designated as a
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189).
(2) WAIVER.—The President may waive the application of
paragraph (1) to a government if the President determines
that national security or humanitarian reasons justify such
waiver: Provided, That the President shall publish each such
waiver in the Federal Register and, at least 15 days before
the waiver takes effect, shall notify the Committees on Appropriations of the waiver (including the justification for the
waiver) in accordance with the regular notification procedures
of the Committees on Appropriations.
Determination.
Federal Register.
Time period.
Notification.
AUTHORIZATION REQUIREMENTS
SEC. 7022. Funds appropriated by this Act, except funds appropriated under the heading ‘‘Trade and Development Agency’’, may
be obligated and expended notwithstanding section 10 of Public
Law 91–672 (22 U.S.C. 2412), section 15 of the State Department
Basic Authorities Act of 1956 (22 U.S.C. 2680), section 313 of
the Foreign Relations Authorization Act, Fiscal Years 1994 and
1995 (22 U.S.C. 6212), and section 504(a)(1) of the National Security
Act of 1947 (50 U.S.C. 3094(a)(1)).
DEFINITION OF PROGRAM, PROJECT, AND ACTIVITY
SEC. 7023. For the purpose of titles II through VI of this
Act ‘‘program, project, and activity’’ shall be defined at the appropriations Act account level and shall include all appropriations
and authorizations Acts funding directives, ceilings, and limitations
with the exception that for the following accounts: ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
and ‘‘Foreign Military Financing Program’’, ‘‘program, project, and
activity’’ shall also be considered to include country, regional, and
central program level funding within each such account; and for
the development assistance accounts of the United States Agency
for International Development, ‘‘program, project, and activity’’ shall
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also be considered to include central, country, regional, and program
level funding, either as—
(1) justified to Congress; or
(2) allocated by the Executive Branch in accordance with
a report, to be provided to the Committees on Appropriations
within 30 days of the enactment of this Act, as required by
section 653(a) of the Foreign Assistance Act of 1961 or as
modified pursuant to section 7019 of this Act.
Reports.
Deadline.
AUTHORITIES FOR THE PEACE CORPS, INTER-AMERICAN FOUNDATION
AND UNITED STATES AFRICAN DEVELOPMENT FOUNDATION
SEC. 7024. Unless expressly provided to the contrary, provisions
of this or any other Act, including provisions contained in prior
Acts authorizing or making appropriations for the Department of
State, foreign operations, and related programs, shall not be construed to prohibit activities authorized by or conducted under the
Peace Corps Act, the Inter-American Foundation Act or the African
Development Foundation Act: Provided, That prior to conducting
activities in a country for which assistance is prohibited, the agency
shall consult with the Committees on Appropriations and report
to such Committees within 15 days of taking such action.
Consultation.
Reports.
Deadline.
COMMERCE, TRADE AND SURPLUS COMMODITIES
Notification.
President.
Determination.
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SEC. 7025. (a) WORLD MARKETS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act for direct assistance and none of the funds otherwise
made available to the Export-Import Bank and the Overseas Private
Investment Corporation shall be obligated or expended to finance
any loan, any assistance, or any other financial commitments for
establishing or expanding production of any commodity for export
by any country other than the United States, if the commodity
is likely to be in surplus on world markets at the time the resulting
productive capacity is expected to become operative and if the
assistance will cause substantial injury to United States producers
of the same, similar, or competing commodity: Provided, That such
prohibition shall not apply to the Export-Import Bank if in the
judgment of its Board of Directors the benefits to industry and
employment in the United States are likely to outweigh the injury
to United States producers of the same, similar, or competing
commodity, and the Chairman of the Board so notifies the Committees on Appropriations: Provided further, That this subsection shall
not prohibit—
(1) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(2) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(b) EXPORTS.—None of the funds appropriated by this or any
other Act to carry out chapter 1 of part I of the Foreign Assistance
Act of 1961 shall be available for any testing or breeding feasibility
study, variety improvement or introduction, consultancy, publication, conference, or training in connection with the growth or
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production in a foreign country of an agricultural commodity for
export which would compete with a similar commodity grown or
produced in the United States: Provided, That this subsection shall
not prohibit—
(1) activities designed to increase food security in developing countries where such activities will not have a significant
impact on the export of agricultural commodities of the United
States;
(2) research activities intended primarily to benefit United
States producers;
(3) activities in a country that is eligible for assistance
from the International Development Association, is not eligible
for assistance from the International Bank for Reconstruction
and Development, and does not export on a consistent basis
the agricultural commodity with respect to which assistance
is furnished; or
(4) activities in a country the President determines is recovering from widespread conflict, a humanitarian crisis, or a
complex emergency.
(c) INTERNATIONAL FINANCIAL INSTITUTIONS.—The Secretary of
the Treasury shall instruct the United States executive directors
of the international financial institutions, as defined in section
7034(r)(3) of this Act, to use the voice and vote of the United
States to oppose any assistance by such institutions, using funds
appropriated or made available by this Act, for the production
or extraction of any commodity or mineral for export, if it is in
surplus on world markets and if the assistance will cause substantial injury to United States producers of the same, similar, or
competing commodity.
President.
Determination.
22 USC 262h
note.
SEPARATE ACCOUNTS
SEC. 7026. (a) SEPARATE ACCOUNTS FOR LOCAL CURRENCIES.—
(1) AGREEMENTS.—If assistance is furnished to the government of a foreign country under chapters 1 and 10 of part
I or chapter 4 of part II of the Foreign Assistance Act of
1961 under agreements which result in the generation of local
currencies of that country, the Administrator of the United
States Agency for International Development shall—
(A) require that local currencies be deposited in a
separate account established by that government;
(B) enter into an agreement with that government
which sets forth—
(i) the amount of the local currencies to be generated; and
(ii) the terms and conditions under which the currencies so deposited may be utilized, consistent with
this section; and
(C) establish by agreement with that government the
responsibilities of USAID and that government to monitor
and account for deposits into and disbursements from the
separate account.
(2) USES OF LOCAL CURRENCIES.—As may be agreed upon
with the foreign government, local currencies deposited in a
separate account pursuant to subsection (a), or an equivalent
amount of local currencies, shall be used only—
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131 STAT. 634
(A) to carry out chapter 1 or 10 of part I or chapter
4 of part II of the Foreign Assistance Act of 1961 (as
the case may be), for such purposes as—
(i) project and sector assistance activities; or
(ii) debt and deficit financing; or
(B) for the administrative requirements of the United
States Government.
(3) PROGRAMMING ACCOUNTABILITY.—USAID shall take all
necessary steps to ensure that the equivalent of the local currencies disbursed pursuant to subsection (a)(2)(A) from the
separate account established pursuant to subsection (a)(1) are
used for the purposes agreed upon pursuant to subsection (a)(2).
(4) TERMINATION OF ASSISTANCE PROGRAMS.—Upon termination of assistance to a country under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961 (as the case may be), any unencumbered balances
of funds which remain in a separate account established pursuant to subsection (a) shall be disposed of for such purposes
as may be agreed to by the government of that country and
the United States Government.
(5) REPORTING REQUIREMENT.—The USAID Administrator
shall report as part of the congressional budget justification
submitted to the Committees on Appropriations on the use
of local currencies for the administrative requirements of the
United States Government as authorized in subsection (a)(2)(B),
and such report shall include the amount of local currency
(and United States dollar equivalent) used or to be used for
such purpose in each applicable country.
(b) SEPARATE ACCOUNTS FOR CASH TRANSFERS.—
(1) IN GENERAL.—If assistance is made available to the
government of a foreign country, under chapter 1 or 10 of
part I or chapter 4 of part II of the Foreign Assistance Act
of 1961, as cash transfer assistance or as nonproject sector
assistance, that country shall be required to maintain such
funds in a separate account and not commingle with any other
funds.
(2) APPLICABILITY OF OTHER PROVISIONS OF LAW.—Such
funds may be obligated and expended notwithstanding provisions of law which are inconsistent with the nature of this
assistance including provisions which are referenced in the
Joint Explanatory Statement of the Committee of Conference
accompanying House Joint Resolution 648 (House Report No.
98–1159).
(3) NOTIFICATION.—At least 15 days prior to obligating
any such cash transfer or nonproject sector assistance, the
President shall submit a notification through the regular
notification procedures of the Committees on Appropriations,
which shall include a detailed description of how the funds
proposed to be made available will be used, with a discussion
of the United States interests that will be served by such
assistance (including, as appropriate, a description of the economic policy reforms that will be promoted by such assistance).
(4) EXEMPTION.—Nonproject sector assistance funds may
be exempt from the requirements of paragraph (1) only through
the regular notification procedures of the Committees on Appropriations.
Time period.
President.
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131 STAT. 635
ELIGIBILITY FOR ASSISTANCE
SEC. 7027. (a) ASSISTANCE THROUGH NONGOVERNMENTAL
ORGANIZATIONS.—Restrictions contained in this or any other Act
with respect to assistance for a country shall not be construed
to restrict assistance in support of programs of nongovernmental
organizations from funds appropriated by this Act to carry out
the provisions of chapters 1, 10, 11, and 12 of part I and chapter
4 of part II of the Foreign Assistance Act of 1961 and from funds
appropriated under the heading ‘‘Assistance for Europe, Eurasia
and Central Asia’’: Provided, That before using the authority of
this subsection to furnish assistance in support of programs of
nongovernmental organizations, the President shall notify the
Committees on Appropriations pursuant to the regular notification
procedures, including a description of the program to be assisted,
the assistance to be provided, and the reasons for furnishing such
assistance: Provided further, That nothing in this subsection shall
be construed to alter any existing statutory prohibitions against
abortion or involuntary sterilizations contained in this or any other
Act.
(b) PUBLIC LAW 480.—During fiscal year 2017, restrictions contained in this or any other Act with respect to assistance for
a country shall not be construed to restrict assistance under the
Food for Peace Act (Public Law 83–480): Provided, That none of
the funds appropriated to carry out title I of such Act and made
available pursuant to this subsection may be obligated or expended
except as provided through the regular notification procedures of
the Committees on Appropriations.
(c) EXCEPTION.—This section shall not apply—
(1) with respect to section 620A of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to countries that support international terrorism;
or
(2) with respect to section 116 of the Foreign Assistance
Act of 1961 or any comparable provision of law prohibiting
assistance to the government of a country that violates internationally recognized human rights.
President.
Notification.
Abortion.
Sterilization.
LOCAL COMPETITION
SEC. 7028. (a) REQUIREMENTS FOR EXCEPTIONS TO COMPETITION
LOCAL ENTITIES.—Funds appropriated by this Act that are
made available to the United States Agency for International
Development may only be made available for limited competitions
through local entities if—
(1) prior to the determination to limit competition to local
entities, USAID has—
(A) assessed the level of local capacity to effectively
implement, manage, and account for programs included
in such competition; and
(B) documented the written results of the assessment
and decisions made; and
(2) prior to making an award after limiting competition
to local entities—
(A) each successful local entity has been determined
to be responsible in accordance with USAID guidelines;
and
FOR
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Web posting.
Applicability.
PUBLIC LAW 115–31—MAY 5, 2017
(B) effective monitoring and evaluation systems are
in place to ensure that award funding is used for its
intended purposes; and
(3) no level of acceptable fraud is assumed.
(b) REPORTING REQUIREMENT.—In addition to the requirements
of subsection (a)(1), the USAID Administrator shall report to the
appropriate congressional committees not later than 45 days after
the end of fiscal year 2017 on all awards subject to limited or
no competition for local entities: Provided, That such report should
be posted on the USAID Web site: Provided further, That the
requirements of this subsection shall only apply to awards in excess
of $3,000,000 and sole source awards to local entities in excess
of $2,000,000.
(c) EXTENSION OF PROCUREMENT AUTHORITY.—Section 7077 of
the Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2012 (division I of Public Law 112–74), as
amended, shall continue in effect during fiscal year 2017.
INTERNATIONAL FINANCIAL INSTITUTIONS
Public
information.
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SEC. 7029. (a) EVALUATIONS AND REPORT.—The Secretary of
the Treasury shall instruct the United States executive director
of each international financial institution to seek to require that
such institution adopts and implements a publicly available policy,
including the strategic use of peer reviews and external experts,
to conduct independent, in-depth evaluations of the effectiveness
of at least 25 percent of all loans, grants, programs, and significant
analytical non-lending activities in advancing the institution’s goals
of reducing poverty and promoting equitable economic growth, consistent with relevant safeguards, to ensure that decisions to support
such loans, grants, programs, and activities are based on accurate
data and objective analysis: Provided, That not later than 45 days
after enactment of this Act, the Secretary shall submit a report
to the Committees on Appropriations on steps taken by the United
States executive directors and the international financial institutions consistent with this subsection.
(b) SAFEGUARDS.—
(1) The Secretary of the Treasury shall instruct the United
States Executive Director of the International Bank for
Reconstruction and Development and the International
Development Association to vote against any loan, grant, policy,
or strategy if such institution has adopted and is implementing
any social or environmental safeguard relevant to such loan,
grant, policy, or strategy that provides less protection than
World Bank safeguards in effect on September 30, 2015.
(2) The Secretary of the Treasury should instruct the
United States executive director of each international financial
institution to vote against loans or other financing for projects
unless such projects—
(A) provide for accountability and transparency,
including the collection, verification and publication of
beneficial ownership information related to extractive
industries and on-site monitoring during the life of the
project;
(B) will be developed and carried out in accordance
with best practices regarding environmental conservation;
cultural protection; and empowerment of local populations,
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including free, prior and informed consent of affected
indigenous communities;
(C) do not provide incentives for, or facilitate, forced
displacement; and
(D) do not partner with or otherwise involve enterprises
owned or controlled by the armed forces.
(c) COMPENSATION.—None of the funds appropriated under title
V of this Act may be made as payment to any international financial
institution while the United States executive director to such
institution is compensated by the institution at a rate which,
together with whatever compensation such executive director
receives from the United States, is in excess of the rate provided
for an individual occupying a position at level IV of the Executive
Schedule under section 5315 of title 5, United States Code, or
while any alternate United States executive director to such institution is compensated by the institution at a rate in excess of the
rate provided for an individual occupying a position at level V
of the Executive Schedule under section 5316 of title 5, United
States Code.
(d) HUMAN RIGHTS.—The Secretary of the Treasury shall
instruct the United States executive director of each international
financial institution to seek to require that such institution conducts
rigorous human rights due diligence and risk management, as
appropriate, in connection with any loan, grant, policy, or strategy
of such institution: Provided, That prior to voting on any such
loan, grant, policy, or strategy the executive director shall consult
with the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, if the executive director has reason
to believe that such loan, grant, policy, or strategy could result
in forced displacement or other violation of human rights.
(e) FRAUD AND CORRUPTION.—The Secretary of the Treasury
shall instruct the United States executive director of each international financial institution to promote in loan, grant, and other
financing agreements improvements in borrowing countries’ financial management and judicial capacity to investigate, prosecute,
and punish fraud and corruption.
(f) BENEFICIAL OWNERSHIP INFORMATION.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to seek to require that such
institution collects, verifies, and publishes, to the maximum extent
practicable, beneficial ownership information (excluding proprietary
information) for any corporation or limited liability company, other
than a publicly listed company, that receives funds from any such
financial institution: Provided, That not later than 45 days after
enactment of this Act, the Secretary shall submit a report to the
Committees on Appropriations on steps taken by the United States
executive directors and the international financial institutions consistent with this subsection.
(g) WHISTLEBLOWER PROTECTIONS.—The Secretary of the
Treasury shall instruct the United States executive director of
each international financial institution to seek to require that each
such institution is effectively implementing and enforcing policies
and procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for—
(1) protection against retaliation for internal and lawful
public disclosure;
(2) legal burdens of proof;
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Consultation.
Deadline.
Reports.
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(3) statutes of limitation for reporting retaliation;
(4) access to independent adjudicative bodies, including
external arbitration; and
(5) results that eliminate the effects of proven retaliation.
DEBT-FOR-DEVELOPMENT
Notification.
SEC. 7030. In order to enhance the continued participation
of nongovernmental organizations in debt-for-development and debtfor-nature exchanges, a nongovernmental organization which is a
grantee or contractor of the United States Agency for International
Development may place in interest bearing accounts local currencies
which accrue to that organization as a result of economic assistance
provided under title III of this Act and, subject to the regular
notification procedures of the Committees on Appropriations, any
interest earned on such investment shall be used for the purpose
for which the assistance was provided to that organization.
FINANCIAL MANAGEMENT AND BUDGET TRANSPARENCY
SEC. 7031. (a) LIMITATION ON DIRECT GOVERNMENT-TO-GOVERNASSISTANCE.—
(1) REQUIREMENTS.—Funds appropriated by this Act may
be made available for direct government-to-government assistance only if—
(A)(i) each implementing agency or ministry to receive
assistance has been assessed and is considered to have
the systems required to manage such assistance and any
identified vulnerabilities or weaknesses of such agency or
ministry have been addressed;
(ii) the recipient agency or ministry employs and utilizes staff with the necessary technical, financial, and
management capabilities;
(iii) the recipient agency or ministry has adopted
competitive procurement policies and systems;
(iv) effective monitoring and evaluation systems are
in place to ensure that such assistance is used for its
intended purposes;
(v) no level of acceptable fraud is assumed; and
(vi) the government of the recipient country is taking
steps to publicly disclose on an annual basis its national
budget, to include income and expenditures;
(B) the recipient government is in compliance with
the principles set forth in section 7013 of this Act;
(C) the recipient agency or ministry is not headed
or controlled by an organization designated as a foreign
terrorist organization under section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189);
(D) the Government of the United States and the
government of the recipient country have agreed, in
writing, on clear and achievable objectives for the use of
such assistance, which should be made available on a costreimbursable basis; and
(E) the recipient government is taking steps to protect
the rights of civil society, including freedoms of expression,
association, and assembly.
(2) CONSULTATION AND NOTIFICATION.—In addition to the
requirements in paragraph (1), no funds may be made available
MENT
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PUBL031
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131 STAT. 639
for direct government-to-government assistance without prior
consultation with, and notification of, the Committees on Appropriations: Provided, That such notification shall contain an
explanation of how the proposed activity meets the requirements of paragraph (1): Provided further, That the requirements of this paragraph shall only apply to direct governmentto-government assistance in excess of $10,000,000 and all funds
available for cash transfer, budget support, and cash payments
to individuals.
(3) SUSPENSION OF ASSISTANCE.—The Administrator of the
United States Agency for International Development or the
Secretary of State, as appropriate, shall suspend any direct
government-to-government assistance if the Administrator or
the Secretary has credible information of material misuse of
such assistance, unless the Administrator or the Secretary
reports to the Committees on Appropriations that it is in the
national interest of the United States to continue such assistance, including a justification, or that such misuse has been
appropriately addressed.
(4) SUBMISSION OF INFORMATION.—The Secretary of State
shall submit to the Committees on Appropriations, concurrent
with the fiscal year 2018 congressional budget justification
materials, amounts planned for assistance described in paragraph (1) by country, proposed funding amount, source of funds,
and type of assistance.
(5) REPORT.—Not later than 90 days after the enactment
of this Act and 6 months thereafter until September 30, 2018,
the USAID Administrator shall submit to the Committees on
Appropriations a report that—
(A) details all assistance described in paragraph (1)
provided during the previous 6-month period by country,
funding amount, source of funds, and type of such assistance; and
(B) the type of procurement instrument or mechanism
utilized and whether the assistance was provided on a
reimbursable basis.
(6) DEBT SERVICE PAYMENT PROHIBITION.—None of the
funds made available by this Act may be used by the government of any foreign country for debt service payments owed
by any country to any international financial institution: Provided, That for purposes of this paragraph, the term ‘‘international financial institution’’ has the meaning given the term
in section 7034(r)(3) of this Act.
(b) NATIONAL BUDGET AND CONTRACT TRANSPARENCY.—
(1) MINIMUM REQUIREMENTS OF FISCAL TRANSPARENCY.—
The Secretary of State shall continue to update and strengthen
the ‘‘minimum requirements of fiscal transparency’’ for each
government receiving assistance appropriated by this Act, as
identified in the report required by section 7031(b) of the
Department of State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–
76).
(2) DEFINITION.—For purposes of paragraph (1), ‘‘minimum
requirements of fiscal transparency’’ are requirements consistent with those in subsection (a)(1), and the public disclosure
of national budget documentation (to include receipts and
expenditures by ministry) and government contracts and
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Reports.
Termination
date.
Definition.
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Public
information.
Web posting.
8 USC 1182 note.
Determination.
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licenses for natural resource extraction (to include bidding and
concession allocation practices).
(3) DETERMINATION AND REPORT.—For each government
identified pursuant to paragraph (1), the Secretary of State,
not later than 180 days after enactment of this Act, shall
make or update any determination of ‘‘significant progress’’
or ‘‘no significant progress’’ in meeting the minimum requirements of fiscal transparency, and make such determinations
publicly available in an annual ‘‘Fiscal Transparency Report’’
to be posted on the Department of State Web site: Provided,
That the Secretary shall identify the significant progress made
by each such government to publicly disclose national budget
documentation, contracts, and licenses which are additional
to such information disclosed in previous fiscal years, and
include specific recommendations of short- and long-term steps
such government should take to improve fiscal transparency:
Provided further, That the annual report shall include a
detailed description of how funds appropriated by this Act
are being used to improve fiscal transparency, and identify
benchmarks for measuring progress.
(4) ASSISTANCE.—Funds appropriated under title III of this
Act shall be made available for programs and activities to
assist governments identified pursuant to paragraph (1) to
improve budget transparency and to support civil society
organizations in such countries that promote budget transparency: Provided, That such sums shall be in addition to
funds otherwise available for such purposes: Provided further,
That a description of the uses of such funds shall be included
in the annual ‘‘Fiscal Transparency Report’’ required by paragraph (3).
(c) ANTI-KLEPTOCRACY AND HUMAN RIGHTS.—
(1)(A) INELIGIBILITY.—Officials of foreign governments and
their immediate family members about whom the Secretary
of State has credible information have been involved in significant corruption, including corruption related to the extraction
of natural resources, or a gross violation of human rights shall
be ineligible for entry into the United States.
(B) The Secretary shall also publicly or privately designate
or identify officials of foreign governments and their immediate
family members about whom the Secretary has such credible
information without regard to whether the individual has
applied for a visa.
(2) EXCEPTION.—Individuals shall not be ineligible if entry
into the United States would further important United States
law enforcement objectives or is necessary to permit the United
States to fulfill its obligations under the United Nations Headquarters Agreement: Provided, That nothing in paragraph (1)
shall be construed to derogate from United States Government
obligations under applicable international agreements.
(3) WAIVER.—The Secretary may waive the application of
paragraph (1) if the Secretary determines that the waiver would
serve a compelling national interest or that the circumstances
which caused the individual to be ineligible have changed sufficiently.
(4) REPORT.—Not later than 6 months after enactment
of this Act, the Secretary of State shall submit a report,
including a classified annex if necessary, to the Committees
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131 STAT. 641
on Appropriations and the Committees on the Judiciary
describing the information related to corruption or violation
of human rights concerning each of the individuals found ineligible in the previous 12 months pursuant to paragraph (1)(A)
as well as the individuals who the Secretary designated or
identified pursuant to paragraph (1)(B), or who would be ineligible but for the application of paragraph (2), a list of any
waivers provided under paragraph (3), and the justification
for each waiver.
(5) POSTING OF REPORT.—Any unclassified portion of the
report required under paragraph (4) shall be posted on the
Department of State Web site.
(6) CLARIFICATION.—For purposes of paragraphs (1)(B), (4),
and (5), the records of the Department of State and of diplomatic and consular offices of the United States pertaining to
the issuance or refusal of visas or permits to enter the United
States shall not be considered confidential.
(d) NETWORKS OF CORRUPTION.—If the Secretary of State has
credible information of networks of corruption involving the participation of, or support from, a senior official in a country that receives
assistance funded by this Act under titles III or IV, the Secretary
shall submit a report to the Committees on Appropriations
describing such networks, which shall include the information
required under the heading ‘‘Economic Support Fund’’ in Senate
Report 114–290.
(e) EXTRACTION OF NATURAL RESOURCES.—
(1) ASSISTANCE.—Funds appropriated by this Act shall be
made available to promote and support transparency and
accountability of expenditures and revenues related to the
extraction of natural resources, including by strengthening
implementation and monitoring of the Extractive Industries
Transparency Initiative, implementing and enforcing section
8204 of the Food, Conservation, and Energy Act of 2008 (Public
Law 110–246; 122 Stat. 2052) and to prevent the sale of conflict
diamonds, and provide technical assistance to promote independent audit mechanisms and support civil society participation in natural resource management.
(2) UNITED STATES POLICY.—
(A) The Secretary of the Treasury shall inform the
management of the international financial institutions, and
post on the Department of the Treasury Web site, that
it is the policy of the United States to vote against any
assistance by such institutions (including any loan, credit,
grant, or guarantee) to any country for the extraction and
export of a natural resource if the government of such
country has in place laws, regulations, or procedures to
prevent or limit the public disclosure of company payments
as required by United States law, and unless such government has adopted laws, regulations, or procedures in the
sector in which assistance is being considered for—
(i) accurately accounting for and public disclosure
of payments to the host government by companies
involved in the extraction and export of natural
resources;
(ii) the independent auditing of accounts receiving
such payments and public disclosure of the findings
of such audits; and
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Conflict
diamonds.
Notification.
Web posting.
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PUBLIC LAW 115–31—MAY 5, 2017
(iii) public disclosure of such documents as Host
Government Agreements, Concession Agreements, and
bidding documents, allowing in any such dissemination
or disclosure for the redaction of, or exceptions for,
information that is commercially proprietary or that
would create competitive disadvantage.
(B) The requirements of subparagraph (A) shall not
apply to assistance for the purpose of building the capacity
of such government to meet the requirements of this
subparagraph.
(f) FOREIGN ASSISTANCE WEB SITE.—Funds appropriated by
this Act under titles I and II, and funds made available for any
independent agency in title III, as appropriate, shall be made available to support the provision of additional information on United
States Government foreign assistance on the Department of State
foreign assistance Web site: Provided, That all Federal agencies
funded under this Act shall provide such information on foreign
assistance, upon request, to the Department of State.
DEMOCRACY PROGRAMS
Deadline.
Consultation.
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SEC. 7032. (a) FUNDING AND STRATEGY.—
(1) Of the funds appropriated by this Act under the
headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’,
‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central
Asia’’, and ‘‘International Narcotics Control and Law Enforcement’’, not less than $2,308,517,000 shall be made available
for democracy programs.
(2) Not later than 180 days after enactment of this Act,
the Secretary of State, in consultation with the relevant heads
of other United States Government agencies, shall submit to
the appropriate congressional committees a comprehensive,
multi-year strategy for the promotion of democracy abroad,
to include the identification of the national interest served
by such activity, and the specific roles and responsibilities
of such agencies in implementing the strategy.
(b) AUTHORITY.—Funds made available by this Act for democracy programs may be made available notwithstanding any other
provision of law, and with regard to the National Endowment
for Democracy (NED), any regulation.
(c) DEFINITION OF DEMOCRACY PROGRAMS.—For purposes of
funds appropriated by this Act, the term ‘‘democracy programs’’
means programs that support good governance, credible and
competitive elections, freedom of expression, association, assembly,
and religion, human rights, labor rights, independent media, and
the rule of law, and that otherwise strengthen the capacity of
democratic political parties, governments, nongovernmental
organizations and institutions, and citizens to support the development of democratic states, and institutions that are responsive
and accountable to citizens.
(d) PROGRAM PRIORITIZATION.—Funds made available pursuant
to this section that are made available for programs to strengthen
government institutions shall be prioritized for those institutions
that demonstrate a commitment to democracy and the rule of law,
as determined by the Secretary of State or the USAID Administrator, as appropriate.
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131 STAT. 643
(e) RESTRICTION ON PRIOR APPROVAL.—With respect to the
provision of assistance for democracy programs in this Act, the
organizations implementing such assistance, the specific nature
of that assistance, and the participants in such programs shall
not be subject to the prior approval by the government of any
foreign country: Provided, That the Secretary of State, in coordination with the USAID Administrator, shall report to the Committees
on Appropriations, not later than 120 days after enactment of
this Act, detailing steps taken by the Department of State and
USAID to comply with the requirements of this subsection.
(f) CONTINUATION OF CURRENT PRACTICES.—USAID shall continue to implement civil society and political competition and consensus building programs abroad with funds appropriated by this
Act in a manner that recognizes the unique benefits of grants
and cooperative agreements in implementing such programs: Provided, That nothing in this paragraph shall be construed to affect
the ability of any entity, including United States small businesses,
from competing for proposals for USAID-funded civil society and
political competition and consensus building programs.
(g) COUNTRY STRATEGY STRATEGIC REVIEWS.—Prior to the
obligation of funds made available by this Act for Department
of State and USAID democracy programs for a nondemocratic or
democratic transitioning country for which a country strategy has
been concluded after the date of enactment of this Act, as required
by section 2111(c)(1) of the ADVANCE Democracy Act of 2007
(title XXI of Public Law 110–53; 22 U.S.C. 8211) or similar provision
of law or regulation, the Under Secretary for Civilian Security,
Democracy and Human Rights, Department of State, in consultation
with the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State, and the Assistant Administrator for
Democracy, Conflict, and Humanitarian Assistance, USAID, shall
review such strategy to ensure that it includes—
(1) specific goals and objectives for such program, including
a specific plan and timeline to measure impacts;
(2) an assessment of the risks associated with the conduct
of such program to intended beneficiaries and implementers,
including steps to support and protect such individuals; and
(3) the funding requirements to initiate and sustain such
program in fiscal year 2017 and subsequent fiscal years, as
appropriate:
Provided, That for the purposes of this subsection, the term ‘‘nondemocratic or democratic transitioning country’’ shall have the same
meaning as in section 2104(6) of Public Law 110–53.
(h) COMMUNICATION AND REPORTING REQUIREMENTS.—
(1) INFORMING THE NATIONAL ENDOWMENT FOR DEMOCRACY.—The Assistant Secretary for Democracy, Human Rights,
and Labor, Department of State, and the Assistant Administrator for Democracy, Conflict, and Humanitarian Assistance,
USAID, shall regularly inform the National Endowment for
Democracy of democracy programs that are planned and supported by funds made available by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs.
(2) REPORT ON FUNDING INSTRUMENTS.—Not later than September 30, 2017, the Secretary of State and USAID Administrator shall each submit to the Committees on Appropriations
a report detailing the use of contracts, grants, and cooperative
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Reports.
Deadline.
Consultation.
Definition.
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agreements in the conduct of democracy programs with funds
made available by the Department of State, Foreign Operations,
and Related Programs Act, 2016 (division K of Public Law
114–113), which shall include funding level, account, program
sector and subsector, and a brief summary of purpose.
(3) REPORT ON PROGRAM CHANGES.—The Secretary of State
or the USAID Administrator, as appropriate, shall report to
the Committees on Appropriations within 30 days of a decision
to significantly change the objectives or the content of a democracy program or to close such a program due to the increasingly
repressive nature of the host country government: Provided,
That the report shall also include a strategy for continuing
support for democracy promotion, if such programming is feasible, and may be submitted in classified form, if necessary.
INTERNATIONAL RELIGIOUS FREEDOM
Consultation.
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SEC. 7033. (a) INTERNATIONAL RELIGIOUS FREEDOM OFFICE AND
SPECIAL ENVOY TO PROMOTE RELIGIOUS FREEDOM.—
(1) Funds appropriated by this Act under the heading ‘‘Diplomatic and Consular Programs’’ shall be made available for
the Office of International Religious Freedom, Bureau of Democracy, Human Rights, and Labor, Department of State, the Office
of the Ambassador-at-Large for International Religious
Freedom, and the Special Envoy to Promote Religious Freedom
of Religious Minorities in the Near East and South Central
Asia, as authorized in the Near East and South Central Asia
Religious Freedom Act of 2014 (Public Law 113–161), including
for support staff at not less than the amounts specified for
such offices in the table under such heading in the explanatory
statement described in section 4 (in the matter preceding division A of this Consolidated Act).
(2) Funds appropriated under the heading ‘‘Diplomatic and
Consular Programs’’ and designated for the Office of International Religious Freedom shall be made available for the
development and implementation of an international religious
freedom curriculum in accordance with the criteria specified
under such heading in the explanatory statement described
in section 4 (in the matter preceding division A of this Consolidated Act).
(b) ASSISTANCE.—
(1) INTERNATIONAL RELIGIOUS FREEDOM PROGRAMS.—Of the
funds appropriated by this Act under the heading ‘‘Democracy
Fund’’ and available for the Human Rights and Democracy
Fund (HRDF), not less than $10,000,000 shall be made available for international religious freedom programs: Provided,
That the Ambassador-at-Large for International Religious
Freedom shall consult with the Committees on Appropriations
on the uses of such funds.
(2) PROTECTION AND INVESTIGATION PROGRAMS.—Of the
funds appropriated by this Act under the heading ‘‘Economic
Support Fund’’, not less than $10,000,000 shall be made available for programs to protect vulnerable and persecuted religious
minorities: Provided, That a portion of such funds shall be
made available for programs to investigate the persecution
of such minorities by governments and non-state actors and
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131 STAT. 645
for the public dissemination of information collected on such
persecution, including on the Department of State Web site.
(3) HUMANITARIAN PROGRAMS.—Funds appropriated by this
Act under the headings ‘‘International Disaster Assistance’’ and
‘‘Migration and Refugee Assistance’’ shall be made available
for humanitarian assistance for vulnerable and persecuted religious minorities, including victims of genocide designated by
the Secretary of State and other groups that have suffered
crimes against humanity and ethnic cleansing, to—
(A) accelerate the implementation of an immediate,
coordinated, and sustained response to provide humanitarian assistance;
(B) enhance protection of conflict victims, including
those facing a dire humanitarian crisis and severe persecution because of their faith or ethnicity; and
(C) improve access to secure locations for obtaining
humanitarian and resettlement services.
(4) TRANSITIONAL JUSTICE, RECONCILIATION, AND REINTEGRATION PROGRAMS IN THE MIDDLE EAST AND NORTH AFRICA
REGIONS.—
(A) Not later than 90 days after enactment of this
Act and after consultation with relevant central governments in the Middle East and North Africa regions, the
Secretary of State shall submit to the Committees on
Appropriations a plan for transitional justice, reconciliation, and reintegration programs for vulnerable and persecuted religious minorities in such regions: Provided, That
such plan shall include a description of actions to be taken
by such governments to safeguard and promote the political
and economic rights of such minorities, including the
return, rehabilitation, and protection of property in areas
of conflict.
(B) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’ that are made available
for assistance for Iraq and Syria, not less than $5,000,000
shall be made available to support the implementation
of the plan required by subparagraph (A): Provided, That
such funds shall be matched, to the maximum extent practicable, from sources other than the United States Government.
(5) RESPONSIBILITY OF FUNDS.—Funds made available by
paragraphs (1), (2), and (4) shall be the responsibility of the
Ambassador-at-Large for International Religious Freedom, in
consultation with other relevant United States Government
officials.
(c) INTERNATIONAL BROADCASTING.—Funds appropriated by this
Act under the heading ‘‘Broadcasting Board of Governors, International Broadcasting Operations’’ shall be made available for programs related to international religious freedom, including reporting
on the condition of vulnerable and persecuted religious groups.
(d) ATROCITIES PREVENTION.—Funds appropriated by this Act
under the headings ‘‘Economic Support Fund’’ and ‘‘International
Narcotics Control and Law Enforcement’’ shall be made available
for programs to prevent atrocities and to implement the recommendations of the Atrocities Prevention Board, including with
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Consultation.
Plan.
Consultation.
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Notification.
President.
Review.
Reports.
PUBLIC LAW 115–31—MAY 5, 2017
respect to the evaluation required by section 7033(d) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016 (division K of Public Law 114–113): Provided,
That the Under Secretary for Civilian Security, Democracy, and
Human Rights, Department of State, shall be responsible for providing the strategic policy direction for, and policy oversight of,
funds made available pursuant to this subsection to the Bureaus
of International Narcotics Control and Law Enforcement and
Democracy, Human Rights, and Labor, Department of State: Provided further, That such funds shall be subject to the regular
notification procedures of the Committees on Appropriations.
(e) DESIGNATION OF NON-STATE ACTORS.—The President shall,
concurrent with the annual foreign country review required by
section 402(b)(1) of the International Religious Freedom Act of
1998 (22 U.S.C. 6442(b)(1)), review and identify any non-state actors
in such countries that have engaged in particularly severe violations
of religious freedom, and designate, in a manner consistent with
such Act, each such group as a non-state actor of particular concern
for religious freedom operating in such reviewed country or surrounding region: Provided, That whenever the President designates
such a non-state actor under this subsection, the President shall,
as soon as practicable after the designation is made, submit a
report to the appropriate congressional committees detailing the
reasons for such designation.
(f) FUNDING CLARIFICATION.—Funds made available pursuant
to subsections (b) and (d) are in addition to amounts otherwise
made available for such purposes.
SPECIAL PROVISIONS
Human
trafficking.
Extension.
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SEC. 7034. (a) VICTIMS OF WAR, DISPLACED CHILDREN, AND
DISPLACED BURMESE.—Funds appropriated in titles III and VI of
this Act that are made available for victims of war, displaced
children, displaced Burmese, and to combat trafficking in persons
and assist victims of such trafficking, may be made available notwithstanding any other provision of law.
(b) LAW ENFORCEMENT AND SECURITY.—
(1) CHILD SOLDIERS.—Funds appropriated by this Act
should not be used to support any military training or operations that include child soldiers.
(2) CROWD CONTROL ITEMS.—Funds appropriated by this
Act should not be used for tear gas, small arms, light weapons,
ammunition, or other items for crowd control purposes for
foreign security forces that use excessive force to repress peaceful expression, association, or assembly in countries undergoing
democratic transition.
(3) DISARMAMENT, DEMOBILIZATION, AND REINTEGRATION.—
Section 7034(d) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2015 (division J
of Public Law 113–235) shall continue in effect during fiscal
year 2017.
(4) FORENSIC ASSISTANCE.—
(A) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, not less than $6,500,000
shall be made available for forensic anthropology assistance
related to the exhumation of mass graves and the identification of victims of war crimes, genocide, and crimes
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against humanity, including in Iraq, Guatemala, Colombia,
El Salvador, Syria, and Sri Lanka, which shall be administered by the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State.
(B) Of the funds appropriated by this Act under the
heading ‘‘International Narcotics Control and Law Enforcement’’, not less than $6,000,000 shall be made available
for DNA forensic technology programs to combat human
trafficking in Central America and Mexico.
(5) INTERNATIONAL PRISON CONDITIONS.—Section 7065 of
the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–
235) shall continue in effect during fiscal year 2017.
(6) RECONSTITUTING CIVILIAN POLICE AUTHORITY.—In providing assistance with funds appropriated by this Act under
section 660(b)(6) of the Foreign Assistance Act of 1961, support
for a nation emerging from instability may be deemed to mean
support for regional, district, municipal, or other sub-national
entity emerging from instability, as well as a nation emerging
from instability.
(7) SECURITY ASSISTANCE REPORT.—Not later than 120 days
after enactment of this Act, the Secretary of State shall submit
to the Committees on Appropriations a report on funds obligated and expended during fiscal year 2016, by country and
purpose of assistance, under the headings ‘‘Peacekeeping Operations’’, ‘‘International Military Education and Training’’, and
‘‘Foreign Military Financing Program’’.
(8) FOREIGN MILITARY SALES AND FOREIGN MILITARY
FINANCING PROGRAM.—
(A) AVAILABILITY.—Funds appropriated by this Act
under the heading ‘‘Foreign Military Financing Program’’
for the general costs of administering military assistance
and sales shall be made available to increase the efficiency
and effectiveness of programs authorized by Chapter 2
of the Arms Export Control Act: Provided, That prior to
the obligation of funds for such purposes, the Secretary
of State shall consult with the Committees on Appropriations.
(B) REVIEW AND REPORT.—The Secretary of State, in
coordination with the Secretary of Defense, shall review
the resources, personnel, and practices of the Departments
of State and Defense that are associated with administering
military assistance and sales programs and, not later than
120 days after enactment of this Act, submit to the appropriate congressional committees a report on steps taken
or planned to be taken to increase the efficiency and
effectiveness of such programs.
(C) QUARTERLY STATUS REPORT.—Following the
submission of the quarterly report required by section 36
of Public Law 90–629 (22 U.S.C. 2776), the Secretary of
State, in coordination with the Secretary of Defense, shall
submit to the Committees on Appropriations a status report
that contains the information described under this heading
in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act).
(D) FOREIGN MILITARY FINANCING PROGRAM LOANS.—
Not later than 60 days after enactment of this Act, the
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Consultation.
Coordination.
Coordination.
Deadline.
Coordination.
Reports.
Assessment.
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Secretary of State, in coordination with the Secretary of
Defense, shall submit to the Committees on Appropriations
a report assessing the potential impact of transitioning
assistance made available by this Act under the heading
‘‘Foreign Military Financing Program’’ from grants to loans,
including the budgetary and diplomatic impacts, and the
extent to which such transition would affect the foreign
policy interest of the United States: Provided, That such
report shall also include an assessment of the impact of
proposals included in the fiscal year 2018 congressional
budget justification that would transition such assistance
from grants to loans.
(9) VETTING REPORT.—
(A) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
appropriate congressional committees on foreign assistance
cases submitted for vetting for purposes of section 620M
of the Foreign Assistance Act of 1961 during the preceding
fiscal year, including—
(i) the total number of cases submitted, approved,
suspended, or rejected for human rights reasons; and
(ii) for cases rejected, a description of the steps
taken to assist the foreign government in taking effective measures to bring the responsible members of
the security forces to justice, in accordance with section
620M(c) of the Foreign Assistance Act of 1961.
(B) The report required by this paragraph shall be
submitted in unclassified form, but may be accompanied
by a classified annex.
(10) ANNUAL FOREIGN MILITARY TRAINING REPORT.—For the
purposes of implementing section 656 of the Foreign Assistance
Act of 1961, the term ‘‘military training provided to foreign
military personnel by the Department of Defense and the
Department of State’’ shall be deemed to include all military
training provided by foreign governments with funds appropriated to the Department of Defense or the Department of
State, except for training provided by the government of a
country designated by section 517(b) of such Act as a major
non-NATO ally.
(11) PROLIFERATION SECURITY INITIATIVE.—Funds appropriated by this Act under the heading ‘‘Nonproliferation, Antiterrorism, Demining and Related Programs’’ shall be made
available for programs to increase international participation
in the Proliferation Security Initiative (PSI) and endorsement
of the PSI Statement of Interdiction Principles: Provided, That
not later than 45 days after enactment of this Act, the Secretary
of State shall submit a report to the Committees on Appropriations detailing steps to be taken to implement the requirements
of this paragraph.
(12) AUTHORITY TO COUNTER EXTREMISM.—Funds made
available by this Act under the heading ‘‘Economic Support
Fund’’ to counter extremism may be made available notwithstanding any other provision of law restricting assistance to
foreign countries, except sections 502B and 620A of the Foreign
Assistance Act of 1961: Provided, That the Secretary of State,
or the USAID Administrator, as appropriate, shall consult with
Time period.
Definition.
Deadline.
Reports.
Consultation.
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131 STAT. 649
the Committees on Appropriations prior to exercising the
authority of this paragraph.
(c) WORLD FOOD PROGRAMME.—Funds managed by the Bureau
for Democracy, Conflict, and Humanitarian Assistance, United
States Agency for International Development, from this or any
other Act, may be made available as a general contribution to
the World Food Programme, notwithstanding any other provision
of law.
(d) DIRECTIVES AND AUTHORITIES.—
(1) RESEARCH AND TRAINING.—Funds appropriated by this
Act under the heading ‘‘Assistance for Europe, Eurasia and
Central Asia’’ shall be made available to carry out the Program
for Research and Training on Eastern Europe and the Independent States of the Former Soviet Union as authorized by
the Soviet-Eastern European Research and Training Act of
1983 (22 U.S.C. 4501 et seq.).
(2) GENOCIDE VICTIMS MEMORIAL SITES AND TRIBUNALS.—
(A) Funds appropriated by this Act and prior Acts
making appropriations for the Department of State, foreign
operations, and related programs under the headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe, Eurasia
and Central Asia’’ may be made available as contributions
to establish and maintain memorial sites of genocide, subject to the regular notification procedures of the Committees on Appropriations.
(B) Of the funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’, not less than $3,500,000
shall be made available, on a competitive basis, for
reimbursement of costs related to research and documentation in support of the activities of international tribunals
established to try cases of war crimes, genocide, and crimes
against humanity.
(3) ADDITIONAL AUTHORITIES.—Of the amounts made available by title I of this Act under the heading ‘‘Diplomatic and
Consular Programs’’, up to $500,000 may be made available
for grants pursuant to section 504 of Public Law 95–426 (22
U.S.C. 2656d), including to facilitate collaboration with indigenous communities, and up to $1,000,000 may be made available
for grants to carry out the activities of the Cultural Antiquities
Task Force.
(4) AUTHORITY.—The USAID Administrator may use funds
appropriated by this Act under title III to make innovation
incentive awards: Provided, That each individual award may
not exceed $100,000: Provided further, That no more than 10
such awards may be made during fiscal year 2017: Provided
further, That for purposes of this paragraph the term ‘‘innovation incentive award’’ means the provision of funding on a
competitive basis that—
(A) encourages and rewards the development of solutions for a particular, well-defined problem related to the
alleviation of poverty; or
(B) helps identify and promote a broad range of ideas
and practices facilitating further development of an idea
or practice by third parties.
(e) PARTNER VETTING.—
(1) In lieu of the requirements in the second and third
provisos of section 7034(e) of the Department of State, Foreign
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Definition.
Deadline.
Reports.
Recommendations.
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Consultation.
Consultation.
Time period.
Reports.
Deadline.
Reports.
Deadline.
Time period.
Extension.
Time period.
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Operations, and Related Programs Appropriations Act, 2016
(division K of Public Law 114–113), not later than 60 days
after enactment of this Act, the Secretary of State and the
USAID Administrator shall jointly submit a report to the
Committees on Appropriations, in classified form if necessary,
detailing the findings, conclusions, and recommendations of
the evaluation of the Partner Vetting System pilot program
and recommendations for any new partner vetting program:
Provided, That prior to the submission of the report, the Secretary and Administrator shall jointly consult with the Committees on Appropriations, and also consult with representatives
of implementing organizations, on such findings, conclusions,
and recommendations.
(2) The Secretary of State and USAID Administrator may
initiate a partner vetting program to mitigate the risk of diversion of foreign assistance, or make significant modifications
to any existing partner vetting program, only following consultation with the Committees on Appropriations: Provided,
That the Secretary and Administrator should provide a direct
vetting option for prime awardees in any partner vetting program initiated after the date of the enactment of this Act.
(f) CONTINGENCIES.—During fiscal year 2017, the President
may use up to $125,000,000 under the authority of section 451
of the Foreign Assistance Act of 1961, notwithstanding any other
provision of law.
(g) INTERNATIONAL CHILD ABDUCTIONS.—The Secretary of State
should withhold funds appropriated under title III of this Act for
assistance for the central government of any country that is not
taking appropriate steps to comply with the Convention on the
Civil Aspects of International Child Abductions, done at the Hague
on October 25, 1980: Provided, That the Secretary shall report
to the Committees on Appropriations within 15 days of withholding
funds under this subsection.
(h) CULTURAL PRESERVATION PROJECT DETERMINATION.—None
of the funds appropriated in titles I and III of this Act may be
used for the preservation of religious sites unless the Secretary
of State or the USAID Administrator, as appropriate, determines
and reports to the Committees on Appropriations that such sites
are historically, artistically, or culturally significant, that the purpose of the project is neither to advance nor to inhibit the free
exercise of religion, and that the project is in the national interest
of the United States.
(i) TRANSFER OF FUNDS FOR EXTRAORDINARY PROTECTION.—
The Secretary of State may transfer to, and merge with, funds
under the heading ‘‘Protection of Foreign Missions and Officials’’
unobligated balances of expired funds appropriated under the
heading ‘‘Diplomatic and Consular Programs’’ for fiscal year 2017,
except for funds designated for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985,
at no later than the end of the fifth fiscal year after the last
fiscal year for which such funds are available for the purposes
for which appropriated: Provided, That not more than $50,000,000
may be transferred.
(j) PROTECTIONS AND REMEDIES FOR EMPLOYEES OF DIPLOMATIC
MISSIONS AND INTERNATIONAL ORGANIZATIONS.—Section 7034(k) of
the Department of State, Foreign Operations, and Related Programs
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Appropriations Act, 2015 (division J of Public Law 113–235) shall
continue in effect during fiscal year 2017.
(k) EXTENSION OF AUTHORITIES.—
(1) PASSPORT FEES.—Section 1(b)(2) of the Passport Act
of June 4, 1920 (22 U.S.C. 214(b)(2)) shall be applied by substituting ‘‘September 30, 2017’’ for ‘‘September 30, 2010’’.
(2) INCENTIVES FOR CRITICAL POSTS.—The authority contained in section 1115(d) of the Supplemental Appropriations
Act, 2009 (Public Law 111–32) shall remain in effect through
September 30, 2017.
(3) USAID CIVIL SERVICE ANNUITANT WAIVER.—Section
625(j)(1) of the Foreign Assistance Act of 1961 (22 U.S.C.
2385(j)(1)) shall be applied by substituting ‘‘September 30,
2017’’ for ‘‘October 1, 2010’’ in subparagraph (B).
(4) OVERSEAS PAY COMPARABILITY AND LIMITATION.—
(A) Subject to the limitation described in subparagraph
(B), the authority provided by section 1113 of the Supplemental Appropriations Act, 2009 (Public Law 111–32; 123
Stat. 1904) shall remain in effect through September 30,
2017.
(B) The authority described in subparagraph (A) may
not be used to pay an eligible member of the Foreign
Service (as defined in section 1113(b) of the Supplemental
Appropriations Act, 2009) a locality-based comparability
payment (stated as a percentage) that exceeds two-thirds
of the amount of the locality-based comparability payment
(stated as a percentage) that would be payable to such
member under section 5304 of title 5, United States Code,
if such member’s official duty station were in the District
of Columbia.
(5) CATEGORICAL ELIGIBILITY.—The Foreign Operations,
Export Financing, and Related Programs Appropriations Act,
1990 (Public Law 101–167) is amended—
(A) in section 599D (8 U.S.C. 1157 note)—
(i) in subsection (b)(3), by striking ‘‘and 2016’’ and
inserting ‘‘2016, and 2017’’; and
(ii) in subsection (e), by striking ‘‘2016’’ each place
it appears and inserting ‘‘2017’’; and
(B) in section 599E (8 U.S.C. 1255 note) in subsection
(b)(2), by striking ‘‘2016’’ and inserting ‘‘2017’’.
(6) INSPECTOR GENERAL ANNUITANT WAIVER.—The authorities provided in section 1015(b) of the Supplemental Appropriations Act, 2010 (Public Law 111–212) shall remain in effect
through September 30, 2017.
(7) EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.—
(A) Section 12001(d) of the Department of Defense
Appropriations Act, 2005 (Public Law 108–287; 118 Stat.
1011) is amended by striking ‘‘2017’’ and inserting ‘‘2018’’.
(B) Section 514(b)(2)(A) of the Foreign Assistance Act
of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by striking
‘‘and 2017’’ and inserting ‘‘2017, and 2018’’.
(8) MODIFICATION OF LIFE INSURANCE SUPPLEMENT.—Section 415(a)(1) of the Foreign Service Act of 1980 (22 U.S.C.
3975(a)(1)) is amended by adding—‘‘The group life insurance
supplement employee benefit paid or scheduled to be paid
pursuant to this section should not be used to reduce any
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Reports.
Analysis.
Determination.
Oversight.
Procedures.
Notification.
Notification.
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other payment to which a recipient is otherwise eligible under
Federal law.’’.
(l) DEPARTMENT OF STATE AND THE UNITED STATES AGENCY
FOR INTERNATIONAL DEVELOPMENT.—Prior to implementing any
reorganization of the Department of State or the United States
Agency for International Development, including any action taken
pursuant to the March 31, 2017 Executive Order 13781 on a Comprehensive Plan for Reorganizing the Executive Branch, the Secretary of State shall submit a report to the Committees on Appropriations on such reorganization: Provided, That such report shall
include a detailed justification and analysis containing—
(1) the impact on personnel, both foreign service and civil
service;
(2) the process used to identify the merger, closing or
termination of any operating unit, including the process used
to assess the impact of such action on programs, projects,
and activities funded by this Act;
(3) the impact any such merger, closing or termination
would have on the ability to conduct adequate monitoring and
oversight of foreign assistance programs; and
(4) the national security interest served by each such
merger, closing or termination, including a determination that
such merger, closing or termination will not expand the influence of any adversary or competitor of the United States,
including foreign terrorist organizations.
(m) HUMANITARIAN ASSISTANCE.—Funds appropriated by this
Act that are available for monitoring and evaluation of assistance
under the headings ‘‘International Disaster Assistance’’ and ‘‘Migration and Refugee Assistance’’ shall, as appropriate, be made available for the regular collection of feedback obtained directly from
beneficiaries on the quality and relevance of such assistance: Provided, That the Department of State and USAID shall conduct
regular oversight to ensure that such feedback is collected and
used by implementing partners to maximize the cost-effectiveness
and utility of such assistance, and require such partners that receive
funds under such headings to establish procedures for collecting
and responding to such feedback and inform the Department of
State or USAID, as appropriate, of such procedures.
(n) HIV/AIDS WORKING CAPITAL FUND.—Funds available in
the HIV/AIDS Working Capital Fund established pursuant to section 525(b)(1) of the Foreign Operations, Export Financing, and
Related Programs Appropriations Act, 2005 (Public Law 108–477)
may be made available for pharmaceuticals and other products
for child survival, malaria, and tuberculosis to the same extent
as HIV/AIDS pharmaceuticals and other products, subject to the
terms and conditions in such section: Provided, That the authority
in section 525(b)(5) of the Foreign Operations, Export Financing,
and Related Programs Appropriation Act, 2005 (Public Law 108–
477) shall be exercised by the Assistant Administrator for Global
Health, USAID, with respect to funds deposited for such non-HIV/
AIDS pharmaceuticals and other products, and shall be subject
to the regular notification procedures of the Committees on Appropriations: Provided further, That the Secretary of State shall include
in the congressional budget justification an accounting of budgetary
resources, disbursements, balances, and reimbursements related
to such fund.
(o) LOANS AND ENTERPRISE FUNDS.—
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131 STAT. 653
(1) LOAN GUARANTEES.—Funds appropriated under the
headings ‘‘Economic Support Fund’’ and ‘‘Assistance for Europe,
Eurasia and Central Asia’’ by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs may be made available for the costs,
as defined in section 502 of the Congressional Budget Act
of 1974, of loan guarantees for Jordan, Ukraine, Iraq, Egypt,
and Tunisia, which are authorized to be provided: Provided,
That amounts made available under this paragraph for the
costs of such guarantees shall not be considered assistance
for the purposes of provisions of law limiting assistance to
a country.
(2) ENTERPRISE FUNDS.—Funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made
available to establish and operate one or more enterprise funds
for Egypt and Tunisia: Provided, That the first, third and
fifth provisos under section 7041(b) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112–74) shall apply to funds
appropriated by this Act under the heading ‘‘Economic Support
Fund’’ for an enterprise fund or funds to the same extent
and in the same manner as such provision of law applied
to funds made available under such section (except that the
clause excluding subsection (d)(3) of section 201 of the SEED
Act shall not apply): Provided further, That in addition to
the previous proviso, the authorities in the matter preceding
the first proviso of such section may apply to any such enterprise fund or funds: Provided further, That the authority of
any such enterprise fund or funds to provide assistance shall
cease to be effective on December 31, 2027.
(3) DESIGNATION REQUIREMENT.—Funds made available
pursuant to paragraph (1) from prior Acts making appropriations for the Department of State, foreign operations, and
related programs that were previously designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985 are designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of such Act.
(4) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to the authorities of this subsection shall be
subject to prior consultation with the appropriate congressional
committees, and subject to the regular notification procedures
of the Committees on Appropriations.
(p) SMALL GRANTS AND ENTITIES.—
(1) Of the funds appropriated by this Act under the
headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not
less than $47,000,000 shall be made available for the Small
Grants Program pursuant to section 7080 of the Department
of State, Foreign Operations, and Related Programs Appropriations Act, 2015 (division J of Public Law 113–235), which may
remain available until September 30, 2021.
(2) For the purposes of section 7080 of division J of Public
Law 113–235, ‘‘eligible entities’’ shall be defined as small local,
international, and United States-based nongovernmental
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Applicability.
Termination
date.
Definition.
Time period.
22 USC 2152i
note.
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22 USC 262h
note.
22 USC 2152i
note.
22 USC 3948
note.
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PUBLIC LAW 115–31—MAY 5, 2017
organizations, educational institutions, and other small entities
that have received less than a total of $5,000,000 from USAID
over the previous 5 fiscal years: Provided, That departments
or centers of such educational institutions may be considered
individually in determining such eligibility.
(q) EXCEPTION.—Notwithstanding section 201 of the Security
Assistance Appropriations Act, 2017 (division B of Public Law 114–
254), funds appropriated or otherwise made available by title II
of such Act are in addition to amounts specifically designated by
this Act or in the respective tables in the explanatory statement
described in section 4 (in the matter preceding division A of this
Consolidated Act).
(r) DEFINITIONS.—
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—Unless
otherwise defined in this Act, for purposes of this Act the
term ‘‘appropriate congressional committees’’ means the
Committees on Appropriations and Foreign Relations of the
Senate and the Committees on Appropriations and Foreign
Affairs of the House of Representatives.
(2) FUNDS APPROPRIATED BY THIS ACT AND PRIOR ACTS.—
Unless otherwise defined in this Act, for purposes of this Act
the term ‘‘funds appropriated by this Act and prior Acts making
appropriations for the Department of State, foreign operations,
and related programs’’ means funds that remain available for
obligation, and have not expired.
(3) INTERNATIONAL FINANCIAL INSTITUTIONS.—In this Act
‘‘international financial institutions’’ means the International
Bank for Reconstruction and Development, the International
Development Association, the International Finance Corporation, the Inter-American Development Bank, the International
Monetary Fund, the Asian Development Bank, the Asian
Development Fund, the Inter-American Investment Corporation, the North American Development Bank, the European
Bank for Reconstruction and Development, the African Development Bank, the African Development Fund, and the Multilateral Investment Guarantee Agency.
(4) SOUTHERN KORDOFAN REFERENCE.—Any reference to
Southern Kordofan in this or any other Act making appropriations for the Department of State, foreign operations, and
related programs shall be deemed to include portions of Western
Kordofan that were previously part of Southern Kordofan prior
to the 2013 division of Southern Kordofan.
(5) USAID.—In this Act, the term ‘‘USAID’’ means the
United States Agency for International Development.
(6) CLARIFICATION.—Unless otherwise provided for in this
Act, for the purposes of this Act the terms ‘‘under this heading’’,
‘‘under the heading’’, ‘‘under the headings’’, or similar phrases
mean funds appropriated or otherwise made available under
such heading or headings in all titles of this Act: Provided,
That the term ‘‘under the heading in this title’’ or similar
phrases means funds appropriated or otherwise made available
only in such title.
(7) SPEND PLAN.—In this Act, the term ‘‘spend plan’’ means
a plan for the uses of funds appropriated for a particular
entity, country, program, purpose, or account and which shall
include, at a minimum, a description of—
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(A) realistic and sustainable goals, and a timeline for
achieving such goals;
(B) amounts and sources of funds by account;
(C) criteria for measuring progress in achieving such
goals;
(D) how such funds will complement other ongoing
or planned programs; and
(E) implementing partners, to the maximum extent
practicable.
ARAB LEAGUE BOYCOTT OF ISRAEL
SEC. 7035. It is the sense of the Congress that—
(1) the Arab League boycott of Israel, and the secondary
boycott of American firms that have commercial ties with Israel,
is an impediment to peace in the region and to United States
investment and trade in the Middle East and North Africa;
(2) the Arab League boycott, which was regrettably
reinstated in 1997, should be immediately and publicly terminated, and the Central Office for the Boycott of Israel immediately disbanded;
(3) all Arab League states should normalize relations with
their neighbor Israel;
(4) the President and the Secretary of State should continue
to vigorously oppose the Arab League boycott of Israel and
find concrete steps to demonstrate that opposition by, for
example, taking into consideration the participation of any
recipient country in the boycott when determining to sell
weapons to said country; and
(5) the President should report to Congress annually on
specific steps being taken by the United States to encourage
Arab League states to normalize their relations with Israel
to bring about the termination of the Arab League boycott
of Israel, including those to encourage allies and trading partners of the United States to enact laws prohibiting businesses
from complying with the boycott and penalizing businesses
that do comply.
PALESTINIAN STATEHOOD
SEC. 7036. (a) LIMITATION ON ASSISTANCE.—None of the funds
appropriated under titles III through VI of this Act may be provided
to support a Palestinian state unless the Secretary of State determines and certifies to the appropriate congressional committees
that—
(1) the governing entity of a new Palestinian state—
(A) has demonstrated a firm commitment to peaceful
co-existence with the State of Israel; and
(B) is taking appropriate measures to counter terrorism
and terrorist financing in the West Bank and Gaza,
including the dismantling of terrorist infrastructures, and
is cooperating with appropriate Israeli and other appropriate security organizations; and
(2) the Palestinian Authority (or the governing entity of
a new Palestinian state) is working with other countries in
the region to vigorously pursue efforts to establish a just,
lasting, and comprehensive peace in the Middle East that will
enable Israel and an independent Palestinian state to exist
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Certification.
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Determination.
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within the context of full and normal relationships, which
should include—
(A) termination of all claims or states of belligerency;
(B) respect for and acknowledgment of the sovereignty,
territorial integrity, and political independence of every
state in the area through measures including the establishment of demilitarized zones;
(C) their right to live in peace within secure and recognized boundaries free from threats or acts of force;
(D) freedom of navigation through international waterways in the area; and
(E) a framework for achieving a just settlement of
the refugee problem.
(b) SENSE OF CONGRESS.—It is the sense of Congress that
the governing entity should enact a constitution assuring the rule
of law, an independent judiciary, and respect for human rights
for its citizens, and should enact other laws and regulations
assuring transparent and accountable governance.
(c) WAIVER.—The President may waive subsection (a) if the
President determines that it is important to the national security
interest of the United States to do so.
(d) EXEMPTION.—The restriction in subsection (a) shall not
apply to assistance intended to help reform the Palestinian
Authority and affiliated institutions, or the governing entity, in
order to help meet the requirements of subsection (a), consistent
with the provisions of section 7040 of this Act (‘‘Limitation on
Assistance for the Palestinian Authority’’).
RESTRICTIONS CONCERNING THE PALESTINIAN AUTHORITY
SEC. 7037. None of the funds appropriated under titles II
through VI of this Act may be obligated or expended to create
in any part of Jerusalem a new office of any department or agency
of the United States Government for the purpose of conducting
official United States Government business with the Palestinian
Authority over Gaza and Jericho or any successor Palestinian governing entity provided for in the Israel-PLO Declaration of Principles: Provided, That this restriction shall not apply to the acquisition of additional space for the existing Consulate General in Jerusalem: Provided further, That meetings between officers and
employees of the United States and officials of the Palestinian
Authority, or any successor Palestinian governing entity provided
for in the Israel-PLO Declaration of Principles, for the purpose
of conducting official United States Government business with such
authority should continue to take place in locations other than
Jerusalem: Provided further, That as has been true in the past,
officers and employees of the United States Government may continue to meet in Jerusalem on other subjects with Palestinians
(including those who now occupy positions in the Palestinian
Authority), have social contacts, and have incidental discussions.
PROHIBITION ON ASSISTANCE TO THE PALESTINIAN BROADCASTING
CORPORATION
SEC. 7038. None of the funds appropriated or otherwise made
available by this Act may be used to provide equipment, technical
support, consulting services, or any other form of assistance to
the Palestinian Broadcasting Corporation.
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131 STAT. 657
ASSISTANCE FOR THE WEST BANK AND GAZA
SEC. 7039. (a) OVERSIGHT.—For fiscal year 2017, 30 days prior
to the initial obligation of funds for the bilateral West Bank and
Gaza Program, the Secretary of State shall certify to the Committees on Appropriations that procedures have been established to
assure the Comptroller General of the United States will have
access to appropriate United States financial information in order
to review the uses of United States assistance for the Program
funded under the heading ‘‘Economic Support Fund’’ for the West
Bank and Gaza.
(b) VETTING.—Prior to the obligation of funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and Gaza, the Secretary of State shall
take all appropriate steps to ensure that such assistance is not
provided to or through any individual, private or government entity,
or educational institution that the Secretary knows or has reason
to believe advocates, plans, sponsors, engages in, or has engaged
in, terrorist activity nor, with respect to private entities or educational institutions, those that have as a principal officer of the
entity’s governing board or governing board of trustees any individual that has been determined to be involved in, or advocating
terrorist activity or determined to be a member of a designated
foreign terrorist organization: Provided, That the Secretary of State
shall, as appropriate, establish procedures specifying the steps to
be taken in carrying out this subsection and shall terminate assistance to any individual, entity, or educational institution which
the Secretary has determined to be involved in or advocating terrorist activity.
(c) PROHIBITION.—
(1) RECOGNITION OF ACTS OF TERRORISM.—None of the
funds appropriated under titles III through VI of this Act
for assistance under the West Bank and Gaza Program may
be made available for the purpose of recognizing or otherwise
honoring individuals who commit, or have committed acts of
terrorism.
(2) SECURITY ASSISTANCE AND REPORTING REQUIREMENT.—
Notwithstanding any other provision of law, none of the funds
made available by this or prior appropriations Acts, including
funds made available by transfer, may be made available for
obligation for security assistance for the West Bank and Gaza
until the Secretary of State reports to the Committees on Appropriations on the benchmarks that have been established for
security assistance for the West Bank and Gaza and reports
on the extent of Palestinian compliance with such benchmarks.
(d) AUDITS BY THE UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT.—
(1) The Administrator of the United States Agency for
International Development shall ensure that Federal or nonFederal audits of all contractors and grantees, and significant
subcontractors and sub-grantees, under the West Bank and
Gaza Program, are conducted at least on an annual basis
to ensure, among other things, compliance with this section.
(2) Of the funds appropriated by this Act up to $500,000
may be used by the Office of Inspector General of the United
States Agency for International Development for audits, inspections, and other activities in furtherance of the requirements
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Certification.
Procedures.
Determination.
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of this subsection: Provided, That such funds are in addition
to funds otherwise available for such purposes.
(e) COMPTROLLER GENERAL OF THE UNITED STATES AUDIT.—
Subsequent to the certification specified in subsection (a), the Comptroller General of the United States shall conduct an audit and
an investigation of the treatment, handling, and uses of all funds
for the bilateral West Bank and Gaza Program, including all funds
provided as cash transfer assistance, in fiscal year 2017 under
the heading ‘‘Economic Support Fund’’, and such audit shall
address—
(1) the extent to which such Program complies with the
requirements of subsections (b) and (c); and
(2) an examination of all programs, projects, and activities
carried out under such Program, including both obligations
and expenditures.
(f) NOTIFICATION PROCEDURES.—Funds made available in this
Act for West Bank and Gaza shall be subject to the regular notification procedures of the Committees on Appropriations.
(g) REPORT.—Not later than 180 days after enactment of this
Act, the Secretary of State shall submit a report to the Committees
on Appropriations updating the report contained in section 2106
of chapter 2 of title II of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Tsunami
Relief, 2005 (Public Law 109–13).
LIMITATION ON ASSISTANCE FOR THE PALESTINIAN AUTHORITY
President.
Certification.
President.
President.
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SEC. 7040. (a) PROHIBITION OF FUNDS.—None of the funds
appropriated by this Act to carry out the provisions of chapter
4 of part II of the Foreign Assistance Act of 1961 may be obligated
or expended with respect to providing funds to the Palestinian
Authority.
(b) WAIVER.—The prohibition included in subsection (a) shall
not apply if the President certifies in writing to the Speaker of
the House of Representatives, the President pro tempore of the
Senate, and the Committees on Appropriations that waiving such
prohibition is important to the national security interest of the
United States.
(c) PERIOD OF APPLICATION OF WAIVER.—Any waiver pursuant
to subsection (b) shall be effective for no more than a period of
6 months at a time and shall not apply beyond 12 months after
the enactment of this Act.
(d) REPORT.—Whenever the waiver authority pursuant to subsection (b) is exercised, the President shall submit a report to
the Committees on Appropriations detailing the justification for
the waiver, the purposes for which the funds will be spent, and
the accounting procedures in place to ensure that the funds are
properly disbursed: Provided, That the report shall also detail the
steps the Palestinian Authority has taken to arrest terrorists, confiscate weapons and dismantle the terrorist infrastructure.
(e) CERTIFICATION.—If the President exercises the waiver
authority under subsection (b), the Secretary of State must certify
and report to the Committees on Appropriations prior to the obligation of funds that the Palestinian Authority has established a
single treasury account for all Palestinian Authority financing and
all financing mechanisms flow through this account, no parallel
financing mechanisms exist outside of the Palestinian Authority
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treasury account, and there is a single comprehensive civil service
roster and payroll, and the Palestinian Authority is acting to
counter incitement of violence against Israelis and is supporting
activities aimed at promoting peace, coexistence, and security
cooperation with Israel.
(f) PROHIBITION TO HAMAS AND THE PALESTINE LIBERATION
ORGANIZATION.—
(1) None of the funds appropriated in titles III through
VI of this Act may be obligated for salaries of personnel of
the Palestinian Authority located in Gaza or may be obligated
or expended for assistance to Hamas or any entity effectively
controlled by Hamas, any power-sharing government of which
Hamas is a member, or that results from an agreement with
Hamas and over which Hamas exercises undue influence.
(2) Notwithstanding the limitation of paragraph (1), assistance may be provided to a power-sharing government only
if the President certifies and reports to the Committees on
Appropriations that such government, including all of its ministers or such equivalent, has publicly accepted and is complying
with the principles contained in section 620K(b)(1) (A) and
(B) of the Foreign Assistance Act of 1961, as amended.
(3) The President may exercise the authority in section
620K(e) of the Foreign Assistance Act of 1961, as added by
the Palestinian Anti-Terrorism Act of 2006 (Public Law 109–
446) with respect to this subsection.
(4) Whenever the certification pursuant to paragraph (2)
is exercised, the Secretary of State shall submit a report to
the Committees on Appropriations within 120 days of the certification and every quarter thereafter on whether such government, including all of its ministers or such equivalent are
continuing to comply with the principles contained in section
620K(b)(1) (A) and (B) of the Foreign Assistance Act of 1961,
as amended: Provided, That the report shall also detail the
amount, purposes and delivery mechanisms for any assistance
provided pursuant to the abovementioned certification and a
full accounting of any direct support of such government.
(5) None of the funds appropriated under titles III through
VI of this Act may be obligated for assistance for the Palestine
Liberation Organization.
President.
Certification.
Reports.
Reports.
Deadline.
MIDDLE EAST AND NORTH AFRICA
SEC. 7041. (a) EGYPT.—
(1) CERTIFICATION AND REPORT.—Funds appropriated by
this Act that are available for assistance for Egypt may be
made available notwithstanding any other provision of law
restricting assistance for Egypt, except for this subsection and
section 620M of the Foreign Assistance Act of 1961, and may
only be made available for assistance for the Government of
Egypt if the Secretary of State certifies and reports to the
Committees on Appropriations that such government is—
(A) sustaining the strategic relationship with the
United States; and
(B) meeting its obligations under the 1979 Egypt-Israel
Peace Treaty.
(2) ECONOMIC SUPPORT FUND.—
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Certification.
Reports.
Determination.
Certification.
Reports.
Reports.
Transfer
authority.
Consultation.
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(A) FUNDING.—Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, up to
$112,500,000 may be made available for assistance for
Egypt, of which not less than $35,000,000 should be made
available for higher education programs including not less
than $10,000,000 for scholarships for Egyptian students
with high financial need to attend not-for-profit institutions
of higher education: Provided, That such funds may be
made available for democracy programs and for development programs in the Sinai: Provided further, That such
funds may not be made available for cash transfer assistance or budget support unless the Secretary of State certifies and reports to the appropriate congressional committees that the Government of Egypt is taking consistent
and effective steps to stabilize the economy and implement
market-based economic reforms.
(B) WITHHOLDING.—The Secretary of State shall withhold from obligation funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ for assistance for
Egypt, an amount of such funds that the Secretary determines to be equivalent to that expended by the United
States Government for bail, and by nongovernmental
organizations for legal and court fees, associated with
democracy-related trials in Egypt until the Secretary certifies and reports to the Committees on Appropriations
that the Government of Egypt has dismissed the convictions
issued by the Cairo Criminal Court on June 4, 2013, in
‘‘Public Prosecution Case No. 1110 for the Year 2012’’.
(3) FOREIGN MILITARY FINANCING PROGRAM.—
(A) CERTIFICATION.—Of the funds appropriated by this
Act under the heading ‘‘Foreign Military Financing Program’’, $1,300,000,000, to remain available until September
30, 2018, may be made available for assistance for Egypt:
Provided, That 15 percent of such funds shall be withheld
from obligation until the Secretary of State certifies and
reports to the Committees on Appropriations that the
Government of Egypt is taking effective steps to—
(i) advance democracy and human rights in Egypt,
including to govern democratically and protect religious
minorities and the rights of women, which are in addition to steps taken during the previous calendar year
for such purposes;
(ii) implement reforms that protect freedoms of
expression, association, and peaceful assembly,
including the ability of civil society organizations and
the media to function without interference;
(iii) release political prisoners and provide
detainees with due process of law;
(iv) hold Egyptian security forces accountable,
including officers credibly alleged to have violated
human rights; and
(v) provide regular access for United States officials to monitor such assistance in areas where the
assistance is used:
Provided further, That such funds may be transferred to
an interest bearing account in the Federal Reserve Bank
of New York, following consultation with the Committees
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131 STAT. 661
on Appropriations: Provided further, That the certification
requirement of this paragraph shall not apply to funds
appropriated by this Act under such heading for counterterrorism, border security, and nonproliferation programs for
Egypt.
(B) WAIVER.—The Secretary of State may waive the
certification requirement in subparagraph (A) if the Secretary determines and reports to the Committees on Appropriations that to do so is important to the national security
interest of the United States, and submits a report to
such Committees containing a detailed justification for the
use of such waiver and the reasons why any of the requirements of subparagraph (A) cannot be met.
(4) OVERSIGHT AND CONSULTATION REQUIREMENTS.—
(A) The Secretary of State shall take all practicable
steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by
this subsection for assistance for Egypt.
(B) Not later than 90 days after enactment of this
Act, the Secretary shall submit a report to the Committees
on Appropriations on any plan to restructure military
assistance for Egypt, which should include an assessment
of the potential benefits of such restructuring on the
capabilities of the Egyptian military, and a description
of any planned modifications regarding the procurement
of military equipment.
(b) IRAN.—
(1) FUNDING.—Funds appropriated by this Act under the
headings ‘‘Diplomatic and Consular Programs’’, ‘‘Economic Support Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining
and Related Programs’’ shall be used by the Secretary of State—
(A) to support the United States policy to prevent
Iran from achieving the capability to produce or otherwise
obtain a nuclear weapon;
(B) to support an expeditious response to any violation
of the Joint Comprehensive Plan of Action or United
Nations Security Council Resolution 2231;
(C) to support the implementation and enforcement
of sanctions against Iran for support of terrorism, human
rights abuses, and ballistic missile and weapons proliferation; and
(D) for democracy programs for Iran, to be administered by the Assistant Secretary for Near Eastern Affairs,
Department of State, in consultation with the Assistant
Secretary for Democracy, Human Rights, and Labor,
Department of State.
(2) CONTINUATION OF PROHIBITION.—The terms and conditions of paragraph (2) of section 7041(c) in division I of Public
Law 112–74 shall continue in effect during fiscal year 2017.
(3) REPORTS.—
(A) The Secretary of State shall submit to the Committees on Appropriations the semi-annual report required
by section 2 of the Iran Nuclear Agreement Review Act
of 2015 (42 U.S.C. 2160e(d)(4)).
(B) Not later than 180 days after the date of enactment
of this Act, the Secretary of State, in consultation with
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Reports.
Deadline.
Reports.
Assessment.
Consultation.
Time period.
Consultation.
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131 STAT. 662
the Secretary of the Treasury, shall submit to the appropriate congressional committees a report on the status
of the implementation and enforcement of bilateral United
States and multilateral sanctions against Iran and actions
taken by the United States and the international community to enforce such sanctions against Iran: Provided, That
the report shall also include any entities involved in providing significant support for the development of a ballistic
missile by the Government of Iran after October 1, 2015,
including shipping and financing, and note whether such
entities are currently under United States sanctions: Provided further, That such report shall be submitted in an
unclassified form, but may contain a classified annex if
necessary.
(C) The Secretary of State, in consultation with the
Secretary of the Treasury, shall submit to the appropriate
congressional committees the report on Iran contained in
section 7041(b)(3)(C) of S. 3117, the Department of State,
Foreign Operations, and Related Programs Appropriations
Act, 2017 (as introduced in the Senate on June 29, 2016),
in the manner described.
(c) IRAQ.—
(1) PURPOSES.—Funds appropriated by this Act shall be
made available for assistance for Iraq to promote governance,
security, and internal and regional stability, including in the
Kurdistan Region of Iraq and other areas impacted by the
conflict in Syria, and among religious and ethnic minority populations in Iraq.
(2) EXPLOSIVE ORDNANCE DISPOSAL PROGRAMS.—Funds
appropriated by this Act under the heading ‘‘Nonproliferation,
Anti-terrorism, Demining and Related Programs’’ shall be made
available for explosive ordnance disposal programs in areas
liberated from extremist organizations in Iraq.
(3) KURDISTAN REGIONAL GOVERNMENT.—
(A) Funds appropriated by this Act under the headings
‘‘International Narcotics Control and Law Enforcement’’
and ‘‘Foreign Military Financing Program’’ that are available for assistance for Iraq shall be made available to
enhance the capacity of Kurdistan Regional Government
security services and for security programs in the
Kurdistan Region of Iraq to address requirements arising
from the violence in Syria and Iraq: Provided, That the
Secretary of State shall consult with the Committees on
Appropriations prior to obligating such funds.
(B) Funds appropriated by this Act under the headings
‘‘International Disaster Assistance’’ and ‘‘Migration and
Refugee Assistance’’ should be made available for assistance for the Kurdistan Region of Iraq to address the needs
of internally displaced persons (IDPs) and refugees: Provided, That funds appropriated by this Act under the
heading ‘‘Economic Support Fund’’ shall be made available
for programs to mitigate the impact of such IDPs and
refugees in such Region, including for assistance for
communities hosting such persons.
(4) BASING RIGHTS AGREEMENT.—None of the funds appropriated or otherwise made available by this Act may be used
Arms and
munitions.
Consultation.
Consultation.
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131 STAT. 663
by the Government of the United States to enter into a permanent basing rights agreement between the United States and
Iraq.
(d) ISRAEL.—Title II of the Security Assistance Appropriations
Act, 2017 (division B of Public Law 114–254), under the heading
‘‘Foreign Military Financing Program’’, is amended by inserting
after ‘‘Middle East’’ and before the colon the following, ‘‘, of which
$75,000,000 shall be made available for grants only for Israel in
fiscal year 2017’’: Provided, That amounts that were previously
designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985
are designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii)
of such Act.
(e) JORDAN.—
(1) FUNDING LEVELS.—Of the funds appropriated by this
Act under titles III and IV, not less than $1,279,950,000 shall
be made available for assistance for Jordan, of which not less
than $475,000,000 shall be for budget support for the Government of Jordan.
(2) RESPONSE TO THE SYRIAN CRISIS.—Funds appropriated
by this Act shall be made available for programs to implement
the Jordan Compact Action Plan and the Jordan Response
Plan for the Syria Crisis 2016–2018, including assistance for
host communities in Jordan.
(f) LEBANON.—
(1) LIMITATION.—None of the funds appropriated by this
Act may be made available for the Lebanese Internal Security
Forces (ISF) or the Lebanese Armed Forces (LAF) if the ISF
or the LAF is controlled by a foreign terrorist organization,
as designated pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189).
(2) CONSULTATION REQUIREMENT.—Funds appropriated by
this Act under the headings ‘‘International Narcotics Control
and Law Enforcement’’ and ‘‘Foreign Military Financing Program’’ that are available for assistance for Lebanon may be
made available for programs and equipment for the ISF and
the LAF to address security and stability requirements in areas
affected by the conflict in Syria, following consultation with
the appropriate congressional committees.
(3) ECONOMIC SUPPORT FUND.—Funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’ that are available for assistance for Lebanon may be made available notwithstanding section 1224 of the Foreign Relations Authorization
Act, Fiscal Year 2003 (Public Law 107–228; 22 U.S.C. 2346
note).
(4) FOREIGN MILITARY FINANCING PROGRAM.—In addition
to the activities described in paragraph (2), funds appropriated
by this Act under the heading ‘‘Foreign Military Financing
Program’’ for assistance for Lebanon may be made available
only to professionalize the LAF and to strengthen border security and combat terrorism, including training and equipping
the LAF to secure Lebanon’s borders, interdicting arms shipments, preventing the use of Lebanon as a safe haven for
terrorist groups, and to implement United Nations Security
Council Resolution 1701: Provided, That funds may not be
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Deadline.
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131 STAT. 664
obligated for assistance for the LAF until the Secretary of
State submits to the Committees on Appropriations a spend
plan, including actions to be taken to ensure equipment provided to the LAF is only used for the intended purposes, except
such plan may not be considered as meeting the notification
requirements under section 7015 of this Act or under section
634A of the Foreign Assistance Act of 1961, and shall be submitted not later than September 1, 2017: Provided further,
That any notification submitted pursuant to such sections shall
include any funds specifically intended for lethal military equipment.
(g) LIBYA.—
(1) FUNDING.—
(A) Funds appropriated by titles III and IV of this
Act shall be made available for assistance for Libya for
programs to strengthen governing institutions and civil
society, improve border security, and promote democracy
and stability in Libya, and for activities to address the
humanitarian needs of the people of Libya.
(B) Funds appropriated by this Act under the heading
‘‘Nonproliferation, Anti-terrorism, Demining and Related
Programs’’ shall be made available for explosive ordnance
disposal programs in areas liberated from extremist
organizations in Libya.
(C) The Secretary of State shall promptly inform the
appropriate congressional committees of each instance in
which assistance provided pursuant to this subsection has
been diverted or destroyed, to include the type and amount
of assistance, a description of the incident and parties
involved, and an explanation of the response of the Department of State.
(2) LIMITATIONS.—
(A) COOPERATION ON THE SEPTEMBER 2012 ATTACK ON
UNITED STATES PERSONNEL AND FACILITIES.—None of the
funds appropriated by this Act may be made available
for assistance for the central Government of Libya unless
the Secretary of State certifies and reports to the Committees on Appropriations that such government is cooperating
with United States Government efforts to investigate and
bring to justice those responsible for the attack on United
States personnel and facilities in Benghazi, Libya in September 2012: Provided, That the limitation in this paragraph shall not apply to funds made available for the
purpose of protecting United States Government personnel
or facilities.
(B) INFRASTRUCTURE PROJECTS.—The limitation on the
uses of funds in section 7041(f)(2) of the Department of
State, Foreign Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76) shall
apply to funds appropriated by this Act that are made
available for assistance for Libya.
(3) CERTIFICATION REQUIREMENT.—Prior to the initial
obligation of funds made available by this Act for assistance
for Libya, the Secretary of State shall certify and report to
the Committees on Appropriations that all practicable steps
have been taken to ensure that mechanisms are in place for
Notification.
Certification.
Reports.
Applicability.
Reports.
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monitoring, oversight, and control of funds made available by
this subsection for assistance for Libya.
(h) MOROCCO.—
(1) AVAILABILITY AND CONSULTATION REQUIREMENT.—Funds
appropriated under title III of this Act shall be made available
for assistance for the Western Sahara: Provided, That not later
than 90 days after enactment of this Act and prior to the
obligation of such funds, the Secretary of State, in consultation
with the USAID Administrator, shall consult with the Committees on Appropriations on the proposed uses of such funds.
(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ that are available for assistance for
Morocco may only be used for the purposes requested in the
Congressional Budget Justification, Foreign Operations, Fiscal
Year 2017.
(i) REFUGEE ASSISTANCE IN NORTH AFRICA.—Not later than
45 days after enactment of this Act, the Secretary of State, after
consultation with the United Nations High Commissioner for Refugees and the Executive Director of the World Food Programme,
shall submit a report to the Committees on Appropriations
describing steps taken to strengthen monitoring of the delivery
of humanitarian assistance provided for refugees in North Africa,
including any steps taken to ensure that all vulnerable refugees
are receiving such assistance.
(j) SYRIA.—
(1) NON-LETHAL ASSISTANCE.—Funds appropriated by this
Act under the headings ‘‘Economic Support Fund’’, ‘‘International Narcotics Control and Law Enforcement’’, and ‘‘Peacekeeping Operations’’ shall be made available, to the extent
practicable and notwithstanding any other provision of law,
for non-lethal assistance for programs to address the needs
of civilians affected by conflict in Syria, and for programs
that seek to—
(A) establish governance in Syria that is representative, inclusive, and accountable;
(B) empower women through political and economic
programs, and address the psychosocial needs of women
and their families in Syria and neighboring countries;
(C) develop and implement political processes that are
democratic, transparent, and strengthen the rule of law;
(D) further the legitimacy and viability of the Syrian
opposition through cross-border programs;
(E) develop and sustain civil society and independent
media in Syria;
(F) promote stability and economic development in
Syria;
(G) document, investigate, and prosecute human rights
violations in Syria, including through transitional justice
programs and support for nongovernmental organizations;
(H) expand the role of women in negotiations to end
the violence and in any political transition in Syria;
(I) assist Syrian refugees whose education has been
interrupted by the ongoing conflict to complete higher education requirements at universities and other academic
institutions in the region, and through distance learning;
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Deadline.
Consultation.
Reports.
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Consultation.
Notification.
Israel.
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(J) assist vulnerable populations in Syria and in neighboring countries;
(K) protect and preserve the cultural identity of the
people of Syria as a counterbalance to extremism, particularly those living in neighboring countries and among
youth;
(L) protect and preserve cultural heritage sites in
Syria, particularly those damaged and destroyed by extremists; and
(M) counter extremism in Syria.
(2) EXPLOSIVE ORDNANCE DISPOSAL PROGRAMS.—Funds
appropriated by this Act under the heading ‘‘Nonproliferation,
Anti-terrorism, Demining and Related Programs’’ shall be made
available for explosive ordnance disposal programs in areas
liberated from extremist organizations in Syria.
(3) SYRIAN ORGANIZATIONS.—Funds appropriated by this
Act that are made available for assistance for Syria pursuant
to the authority of this subsection shall be made available,
on an open and competitive basis, to continue a program to
strengthen the capability of Syrian civil society organizations
to address the immediate and long-term needs of the Syrian
people inside Syria in a manner that supports the sustainability
of such organizations in implementing Syrian-led humanitarian
and development programs and the comprehensive strategy
required in section 7041(i)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113–76): Provided, That funds
made available by this paragraph shall be the responsibility
of the Assistant Secretary for Democracy, Human Rights, and
Labor, Department of State.
(4) STRATEGY UPDATE.—Funds appropriated by this Act
that are made available for assistance for Syria pursuant to
the authority of this subsection may only be made available
after the Secretary of State, in consultation with the heads
of relevant United States Government agencies, submits, in
classified form if necessary, an update to the comprehensive
strategy required in section 7041(i)(3) of Public Law 113–76.
(5) MONITORING AND OVERSIGHT.—Prior to the obligation
of funds appropriated by this Act and made available for assistance for Syria, the Secretary of State shall take all practicable
steps to ensure that mechanisms are in place for monitoring,
oversight, and control of such assistance inside Syria: Provided,
That the Secretary shall promptly inform the appropriate
congressional committees of each instance in which assistance
provided pursuant to this subsection has been diverted or
destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an explanation of the response of the Department of State.
(6) CONSULTATION AND NOTIFICATION.—Funds made available pursuant to this subsection may only be made available
following consultation with the appropriate congressional
committees, and shall be subject to the regular notification
procedures of the Committees on Appropriations.
(k) TUNISIA.—Of the funds appropriated under titles III and
IV of this Act, not less than $165,400,000 shall be made available
for assistance for Tunisia.
(l) WEST BANK AND GAZA.—
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(1) REPORT ON ASSISTANCE.—Prior to the initial obligation
of funds made available by this Act under the heading ‘‘Economic Support Fund’’ for assistance for the West Bank and
Gaza, the Secretary of State shall report to the Committees
on Appropriations that the purpose of such assistance is to—
(A) advance Middle East peace;
(B) improve security in the region;
(C) continue support for transparent and accountable
government institutions;
(D) promote a private sector economy; or
(E) address urgent humanitarian needs.
(2) LIMITATIONS.—
(A)(i) None of the funds appropriated under the
heading ‘‘Economic Support Fund’’ in this Act may be made
available for assistance for the Palestinian Authority, if
after the date of enactment of this Act—
(I) the Palestinians obtain the same standing as
member states or full membership as a state in the
United Nations or any specialized agency thereof outside an agreement negotiated between Israel and the
Palestinians; or
(II) the Palestinians initiate an International
Criminal Court (ICC) judicially authorized investigation, or actively support such an investigation, that
subjects Israeli nationals to an investigation for alleged
crimes against Palestinians.
(ii) The Secretary of State may waive the restriction
in clause (i) of this subparagraph resulting from the
application of subclause (I) of such clause if the Secretary
certifies to the Committees on Appropriations that to do
so is in the national security interest of the United States,
and submits a report to such Committees detailing how
the waiver and the continuation of assistance would assist
in furthering Middle East peace.
(B)(i) The President may waive the provisions of section
1003 of the Foreign Relations Authorization Act, Fiscal
Years 1988 and 1989 (Public Law 100–204) if the President
determines and certifies in writing to the Speaker of the
House of Representatives, the President pro tempore of
the Senate, and the appropriate congressional committees
that the Palestinians have not, after the date of enactment
of this Act—
(I) obtained in the United Nations or any specialized agency thereof the same standing as member
states or full membership as a state outside an agreement negotiated between Israel and the Palestinians;
and
(II) taken any action with respect to the ICC that
is intended to influence a determination by the ICC
to initiate a judicially authorized investigation, or to
actively support such an investigation, that subjects
Israeli nationals to an investigation for alleged crimes
against Palestinians.
(ii) Not less than 90 days after the President is unable
to make the certification pursuant to clause (i) of this
subparagraph, the President may waive section 1003 of
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Waiver authority.
Applicability.
Certification.
Reports.
President.
Waiver authority.
Determinations.
Certifications.
Deadline.
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PUBLIC LAW 115–31—MAY 5, 2017
Public Law 100–204 if the President determines and certifies in writing to the Speaker of the House of Representatives, the President pro tempore of the Senate, and the
Committees on Appropriations that the Palestinians have
entered into direct and meaningful negotiations with Israel:
Provided, That any waiver of the provisions of section
1003 of Public Law 100–204 under clause (i) of this
subparagraph or under previous provisions of law must
expire before the waiver under the preceding sentence may
be exercised.
(iii) Any waiver pursuant to this subparagraph shall
be effective for no more than a period of 6 months at
a time and shall not apply beyond 12 months after the
enactment of this Act.
(3) REDUCTION.—The Secretary of State shall reduce the
amount of assistance made available by this Act under the
heading ‘‘Economic Support Fund’’ for the Palestinian Authority
by an amount the Secretary determines is equivalent to the
amount expended by the Palestinian Authority, the Palestine
Liberation Organization, and any successor or affiliated
organizations with such entities as payments for acts of terrorism by individuals who are imprisoned after being fairly
tried and convicted for acts of terrorism and by individuals
who died committing acts of terrorism during the previous
calendar year: Provided, That the Secretary shall report to
the Committees on Appropriations on the amount reduced for
fiscal year 2017 prior to the obligation of funds for the Palestinian Authority.
(4) SECURITY REPORT.—The reporting requirements contained in section 1404 of the Supplemental Appropriations Act,
2008 (Public Law 110–252) shall apply to funds made available
by this Act, including a description of modifications, if any,
to the security strategy of the Palestinian Authority.
(5) INCITEMENT REPORT.—Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
a report to the Committees on Appropriations detailing steps
taken by the Palestinian Authority to counter incitement of
violence against Israelis and to promote peace and coexistence
with Israel.
Time periods.
Determination.
Time period.
Reports.
Applicability.
AFRICA
Determination.
Reports.
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SEC. 7042. (a) AFRICAN GREAT LAKES REGION ASSISTANCE
RESTRICTION.—Funds appropriated by this Act under the heading
‘‘International Military Education and Training’’ for the central
government of a country in the African Great Lakes region may
be made available only for Expanded International Military Education and Training and professional military education until the
Secretary of State determines and reports to the Committees on
Appropriations that such government is not facilitating or otherwise
participating in destabilizing activities in a neighboring country,
including aiding and abetting armed groups.
(b) BOKO HARAM.—Funds appropriated by this Act that are
made available for assistance for Cameroon, Chad, Niger, and
Nigeria—
(1) shall be made available for assistance for women and
girls who are targeted by the terrorist organization Boko
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Haram, consistent with the provisions of section 7059 of this
Act, and for individuals displaced by Boko Haram violence;
and
(2) may be made available for counterterrorism programs
to combat Boko Haram.
(c) CENTRAL AFRICAN REPUBLIC.—Funds made available by this
Act for assistance for the Central African Republic shall be made
available for reconciliation and peacebuilding programs, including
activities to promote inter-faith dialogue at the national and local
levels, and for programs to prevent crimes against humanity.
(d) ETHIOPIA.—
(1) FORCED EVICTIONS.—
(A) Funds appropriated by this Act for assistance for
Ethiopia may not be made available for any activity that
supports forced evictions.
(B) The Secretary of the Treasury should instruct the
United States executive director of each international
financial institution to use the voice and vote of the United
States to support projects in Ethiopia only if such projects
are developed and carried out in accordance with the
requirements of section 7029(b)(2) of this Act.
(2) CONSULTATION REQUIREMENT.—Programs and activities
to improve livelihoods shall include prior consultation with,
and the participation of, affected communities, including in
the South Omo and Gambella regions.
(3) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ for assistance for Ethiopia may only be
made available for border security and counterterrorism programs, support for international peacekeeping efforts, and
assistance for professional military education.
(e) LAKE CHAD BASIN COUNTRIES.—Funds appropriated by this
Act for democracy and other development programs for Cameroon,
Chad, Niger, and Nigeria should be made available, following consultation with the Committees on Appropriations, to protect freedoms of expression, association and religion, including support for
journalists, civil society, and opposition political parties, and should
be used to assist the governments of such countries to strengthen
accountability and the rule of law, including within the security
forces.
(f) LORD’S RESISTANCE ARMY.—Funds appropriated by this Act
shall be made available for programs and activities in areas affected
by the Lord’s Resistance Army (LRA) consistent with the goals
of the Lord’s Resistance Army Disarmament and Northern Uganda
Recovery Act (Public Law 111–172), including to improve physical
access, telecommunications infrastructure, and early-warning
mechanisms and to support the disarmament, demobilization, and
reintegration of former LRA combatants, especially child soldiers.
(g) MALAWI.—Of the funds appropriated by this Act under
the heading ‘‘Development Assistance’’, not less than $56,000,000
shall be made available for assistance for Malawi, of which up
to $10,000,000 shall be made available for higher education programs.
(h) POWER AFRICA INITIATIVE.—Funds appropriated by this Act
that are made available for the Power Africa initiative shall be
subject to the regular notification procedures of the Committees
on Appropriations.
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Child soldiers.
Notification.
PUBL031
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Deadline.
Consultation.
Reports.
Human rights.
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PUBLIC LAW 115–31—MAY 5, 2017
(i) SOUTH SUDAN.—
(1) STRATEGY REQUIREMENT.—Not later than 45 days after
enactment of this Act and prior to the initial obligation of
funds made available by this Act for assistance for the central
Government of South Sudan, the Secretary of State, in consultation with the USAID Administrator, shall submit to the appropriate congressional committees a United States diplomatic
and assistance strategy for South Sudan, consistent with the
requirements under this section in the explanatory statement
described in section 4 (in the matter preceding division A of
this Consolidated Act): Provided, That such strategy shall
include a description of how the cessation of hostilities and
the delivery of humanitarian assistance and essential services
will be prioritized: Provided further, That the Secretary of
State shall consult with such committees prior to submitting
such strategy.
(2) CERTIFICATION.—None of the funds appropriated by this
Act that are available for assistance for the central Government
of South Sudan may be made available until the Secretary
of State certifies and reports to the Committees on Appropriations that such government is taking effective steps to—
(A) end hostilities and pursue good faith negotiations
for a political settlement of the conflict;
(B) provide access for humanitarian organizations;
(C) end the recruitment and use of child soldiers;
(D) protect freedoms of expression, association, and
assembly;
(E) reduce corruption related to the extraction and
sale of oil and gas;
(F) establish democratic institutions;
(G) establish accountable military and police forces
under civilian authority; and
(H) investigate and prosecute individuals credibly
alleged to have committed gross violations of human rights,
including at the Terrain compound in Juba, South Sudan
on July 11, 2016.
(3) EXCLUSIONS.—The limitation of paragraph (2) shall not
apply to—
(A) humanitarian assistance;
(B) assistance to support South Sudan peace negotiations or to advance or implement a peace agreement; and
(C) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement
and mutual arrangements related to such Agreement.
(4) CONSULTATION.—Prior to the initial obligation of funds
made available for the central Government of South Sudan
pursuant to paragraphs (3)(B) and (C), the Secretary of State
shall consult with the Committees on Appropriations on the
intended uses of such funds, steps taken by such government
to advance or implement a peace agreement, and progress
made by the Government of South Sudan in meeting the
requirements in paragraph (2).
(j) SUDAN.—
(1) LIMITATION.—Notwithstanding any other provision of
law, none of the funds appropriated by this Act may be made
available for assistance for the Government of Sudan.
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(2) LIMITATION ON LOANS.—None of the funds appropriated
by this Act may be made available for the cost, as defined
in section 502 of the Congressional Budget Act of 1974, of
modifying loans and loan guarantees held by the Government
of Sudan, including the cost of selling, reducing, or canceling
amounts owed to the United States, and modifying concessional
loans, guarantees, and credit agreements.
(3) EXCLUSIONS.—The limitations of paragraphs (1) and
(2) shall not apply to—
(A) humanitarian assistance;
(B) assistance for democracy programs;
(C) assistance for the Darfur region, Southern Kordofan
State, Blue Nile State, other marginalized areas and populations in Sudan, and Abyei; and
(D) assistance to support implementation of outstanding issues of the Comprehensive Peace Agreement,
mutual arrangements related to post-referendum issues
associated with such Agreement, or any other internationally recognized viable peace agreement in Sudan.
(k) ZIMBABWE.—
(1) INSTRUCTION.—The Secretary of the Treasury shall
instruct the United States executive director of each international financial institution to vote against any extension
by the respective institution of any loan or grant to the Government of Zimbabwe, except to meet basic human needs or to
promote democracy, unless the Secretary of State certifies and
reports to the Committees on Appropriations that the rule
of law has been restored, including respect for ownership and
title to property, and freedoms of expression, association, and
assembly.
(2) LIMITATIONS.—None of the funds appropriated by this
Act shall be made available for assistance for the central
Government of Zimbabwe, except for health and education,
unless the Secretary of State certifies and reports as required
in paragraph (1), and funds may be made available for macroeconomic growth assistance if the Secretary reports to the
Committees on Appropriations that such government is implementing transparent fiscal policies, including public disclosure
of revenues from the extraction of natural resources.
Certifications.
Reports.
22 USC 2151
note.
EAST ASIA AND THE PACIFIC
SEC. 7043. (a) ASIA REBALANCING INITIATIVE.—Except for paragraphs (1)(C), (4), (5)(B) and (C), and 6(B), section 7043(a) of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2015 (division J of Public Law 113–235) shall
continue in effect during fiscal year 2017: Provided, That section
7043(a)(8) of such Act shall be applied to funds appropriated by
this Act by adding ‘‘East Asia,’’ before ‘‘Southeast Asia’’.
(b) BURMA.—
(1) BILATERAL ECONOMIC ASSISTANCE.—
(A) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ for assistance for Burma may
be made available notwithstanding any other provision of
law, except for this subsection, and following consultation
with the appropriate congressional committees.
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Extension.
Time period.
Applicability.
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131 STAT. 672
Human rights.
Consultations.
Time period.
Consultation.
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PUBLIC LAW 115–31—MAY 5, 2017
(B) Funds appropriated under title III of this Act for
assistance for Burma—
(i) shall be made available to strengthen civil
society organizations in Burma and for programs to
strengthen independent media;
(ii) shall be made available for community-based
organizations operating in Thailand to provide food,
medical, and other humanitarian assistance to
internally displaced persons in eastern Burma, in addition to assistance for Burmese refugees from funds
appropriated by this Act under the heading ‘‘Migration
and Refugee Assistance’’;
(iii) shall be made available for programs to promote ethnic and religious tolerance, including in
Rakhine and Kachin states;
(iv) shall be made available to promote rural economic development in Burma, including through microfinance and sustainable power generation programs;
(v) shall be made available to increase opportunities for foreign direct investment by strengthening the
rule of law, transparency, and accountability;
(vi) may not be made available to any individual
or organization if the Secretary of State has credible
information that such individual or organization has
committed a gross violation of human rights, including
against Rohingya and other minority groups, or that
advocates violence against ethnic or religious groups
and individuals in Burma;
(vii) may not be made available to any organization
or entity controlled by the military of Burma; and
(viii) may be made available for programs administered by the Office of Transition Initiatives, United
States Agency for International Development, for
ethnic groups and civil society in Burma to help sustain
ceasefire agreements and further prospects for reconciliation and peace, which may include support to
representatives of ethnic armed groups for this purpose.
(2) INTERNATIONAL SECURITY ASSISTANCE.—None of the
funds appropriated by this Act under the headings ‘‘International Military Education and Training’’ and ‘‘Foreign Military Financing Program’’ may be made available for assistance
for Burma: Provided, That the Department of State may continue consultations with the armed forces of Burma only on
human rights and disaster response in a manner consistent
with the prior fiscal year, and following consultation with the
appropriate congressional committees.
(3) MULTILATERAL ASSISTANCE.—The Secretary of the
Treasury should instruct the United States executive director
of each international financial institution to use the voice and
vote of the United States to support projects in Burma only
if such projects are developed and carried out in accordance
with the requirements of section 7029(b)(2) of this Act.
(4) PROGRAMS, POSITION, AND RESPONSIBILITIES.—
(A) Any new program or activity in Burma initiated
in fiscal year 2017 shall be subject to prior consultation
with the appropriate congressional committees.
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(B) Section 7043(b)(7) of the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2015 (division J of Public Law 113–235) shall continue
in effect during fiscal year 2017.
(C) The United States Chief of Mission in Burma,
in consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, Department of State, shall be
responsible for democracy and human rights programs in
Burma.
(c) CAMBODIA.—
(1) HUMAN RIGHTS CONDITIONS.—Of the funds appropriated
in title IV of this Act that are made available for assistance
for the central Government of Cambodia, 25 percent shall be
withheld from obligation until the Secretary of State certifies
and reports to the Committees on Appropriations that such
government—
(A) is taking effective steps to strengthen regional security and stability, particularly regarding territorial disputes
in the South China Sea;
(B) has ceased efforts to intimidate civil society and
the political opposition in Cambodia, is credibly investigating the murder of social and political activists, and
is taking actions to address the concerns detailed in the
September 14, 2016 United Nations Human Rights Situation in Cambodia—Joint Statement; and
(C) is establishing conditions for the holding of free
and fair elections in Cambodia in 2017 and 2018 through
a non-partisan election commission; fair election processes;
credible post-election dispute resolution mechanisms; open
and inclusive participation, to include the return of exiled
former opposition leaders; and respect for freedoms of
assembly and speech.
(2) KHMER ROUGE TRIBUNAL.—Of the funds appropriated
by this Act that are made available for assistance for Cambodia
under the heading ‘‘Economic Support Fund’’, not more than
$1,500,000 may be made available for a contribution to the
Extraordinary Chambers in the Court of Cambodia (ECCC):
Provided, That such funds may only be made available if the
Secretary of State certifies and reports to the Committees on
Appropriations that such contribution is in the national interest
of the United States and will support the prosecution and
punishment of individuals responsible for genocide in Cambodia
in a credible manner: Provided further, That if the Secretary
of State is unable to make the certification required by the
previous proviso, such funds shall be made available for
research and education programs associated with the Khmer
Rouge genocide in Cambodia, which are in addition to funds
otherwise made available under paragraph (3): Provided further, That such funds shall be subject to prior consultation
with, and the regular notification procedures of, such Committees: Provided further, That the Secretary of State shall seek
reimbursements from the Principal Donors Group for the Documentation Center of Cambodia for costs incurred in support
of the ECCC.
(3) RESEARCH AND EDUCATION.—Funds made available by
this Act for democracy programs in Cambodia shall be made
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Time period.
Consultation.
Certification.
Reports.
Genocide.
Certification.
Reports.
Consultation.
Reimbursements.
PUBL031
131 STAT. 674
available for research and education programs associated with
the Khmer Rouge genocide in Cambodia.
(d) NORTH KOREA.—
(1) BROADCASTS.—Funds appropriated by this Act under
the heading ‘‘International Broadcasting Operations’’ shall be
made available to maintain broadcasting hours into North
Korea at levels not less than the prior fiscal year.
(2) REFUGEES.—Funds appropriated by this Act under the
heading ‘‘Migration and Refugee Assistance’’ should be made
available for assistance for refugees from North Korea,
including protection activities in the People’s Republic of China
and other countries in Asia.
(3) DATABASE AND REPORT.—Funds appropriated by this
Act under title III shall be made available to maintain a database of prisons and gulags in North Korea, in accordance with
section 7032(i) of the Department of State, Foreign Operations,
and Related Programs Appropriations Act, 2014 (division K
of Public Law 113–76).
(4) LIMITATION ON USE OF FUNDS.—None of the funds made
available by this Act under the heading ‘‘Economic Support
Fund’’ may be made available for assistance for the Government
of North Korea.
(e) PEOPLE’S REPUBLIC OF CHINA.—
(1) LIMITATION ON USE OF FUNDS.—None of the funds appropriated under the heading ‘‘Diplomatic and Consular Programs’’
in this Act may be obligated or expended for processing licenses
for the export of satellites of United States origin (including
commercial satellites and satellite components) to the People’s
Republic of China (PRC) unless, at least 15 days in advance,
the Committees on Appropriations are notified of such proposed
action.
(2) PEOPLE’S LIBERATION ARMY.—The terms and requirements of section 620(h) of the Foreign Assistance Act of 1961
shall apply to foreign assistance projects or activities of the
People’s Liberation Army (PLA) of the PRC, to include such
projects or activities by any entity that is owned or controlled
by, or an affiliate of, the PLA: Provided, That none of the
funds appropriated or otherwise made available pursuant to
this Act may be used to finance any grant, contract, or cooperative agreement with the PLA, or any entity that the Secretary
of State has reason to believe is owned or controlled by, or
an affiliate of, the PLA.
(3) COUNTER INFLUENCE PROGRAMS.—Funds appropriated
by this Act for public diplomacy under title I and for assistance
under titles III and IV shall be made available to counter
the influence of the PRC, in accordance with the strategy
required by section 7043(e)(3) of the Department of State, Foreign Operations, and Related Programs Appropriations Act,
2014 (division K of Public Law 113–76), following consultation
with the Committees on Appropriations.
(4) AUTHORITY AND NOTIFICATION REQUIREMENT.—
(A) The uses of funds made available by this Act for
the promotion of democracy in the PRC, except for funds
made available under subsection (g), shall be the responsibility of the Assistant Secretary for Democracy, Human
Rights, and Labor, Department of State.
Time period.
Notification.
Applicability.
Consultation.
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(B) Funds appropriated by this Act that are made
available for trilateral programs conducted with the PRC
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(f) PHILIPPINES.—Prior to the initial obligation of funds appropriated by this Act for assistance for the Philippines, but not later
than 180 days after enactment of this Act, the Secretary of State
shall submit a report to the Committees on Appropriations, which
shall include the information required under this section in the
explanatory statement described in section 4 (in the matter preceding division A of this Consolidated Act).
(g) TIBET.—
(1) FINANCING OF PROJECTS IN TIBET.—The Secretary of
the Treasury should instruct the United States executive
director of each international financial institution to use the
voice and vote of the United States to support financing of
projects in Tibet if such projects do not provide incentives
for the migration and settlement of non-Tibetans into Tibet
or facilitate the transfer of ownership of Tibetan land and
natural resources to non-Tibetans, are based on a thorough
needs-assessment, foster self-sufficiency of the Tibetan people
and respect Tibetan culture and traditions, and are subject
to effective monitoring.
(2) PROGRAMS FOR TIBETAN COMMUNITIES.—
(A) Notwithstanding any other provision of law, funds
appropriated by this Act under the heading ‘‘Economic
Support Fund’’ shall be made available to nongovernmental
organizations to support activities which preserve cultural
traditions and promote sustainable development, education,
and environmental conservation in Tibetan communities
in the Tibetan Autonomous Region and in other Tibetan
communities in China.
(B) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ shall be made available for programs to promote and preserve Tibetan culture, development, and the resilience of Tibetan communities in India
and Nepal, and to assist in the education and development
of the next generation of Tibetan leaders from such communities: Provided, That such funds are in addition to
amounts made available in subparagraph (A) for programs
inside Tibet.
(h) VIETNAM.—
(1) DIOXIN REMEDIATION.—Notwithstanding any other
provision of law, of the funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’, not less than
$20,000,000 shall be made available for activities related to
the remediation of dioxin contaminated sites in Vietnam and
may be made available for assistance for the Government of
Vietnam, including the military, for such purposes.
(2) HEALTH AND DISABILITY PROGRAMS.—Of the funds
appropriated by this Act under the heading ‘‘Development
Assistance’’, not less than $10,000,000 shall be made available
for health and disability programs in areas sprayed with Agent
Orange and otherwise contaminated with dioxin, to assist
individuals with severe upper or lower body mobility impairment and/or cognitive or developmental disabilities.
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Deadline.
Reports.
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PUBLIC LAW 115–31—MAY 5, 2017
SOUTH AND CENTRAL ASIA
Deadline.
Consultation.
Time period.
Termination
date.
Determination.
Drugs and drug
abuse.
Human rights.
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SEC. 7044. (a) AFGHANISTAN.—
(1) STRATEGY AND PERSONNEL.—
(A) STRATEGY.—Not later than 90 days after enactment
of this Act and prior to the initial obligation of funds
made available for assistance for Afghanistan by this Act
under the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’, the Secretary of State, in consultation with the Secretary of
Defense, shall submit to the appropriate congressional
committees a revised strategy for United States engagement in Afghanistan: Provided, That such strategy shall
include detailed information on the roles and responsibilities of the Department of State, the United States Agency
for International Development, and other non-defense
United States Government agencies in Afghanistan,
including the anticipated number of government and contractor personnel to be assigned in Afghanistan in fiscal
years 2018 and 2019: Provided further, That such strategy
shall also include detailed information on development programs to be supported by funds made available by this
Act and prior Acts making appropriations for the Department of State, foreign operations, and related programs,
including a description of specific safeguards to ensure
that any such funds supporting projects in areas under
the control of the Taliban or other extremist organizations
do not further the legitimacy of such organizations: Provided further, That such strategy shall also include detailed
information, in classified form if necessary, on specific steps
to be taken to encourage a negotiated political resolution
of the conflict in Afghanistan.
(B) PERSONNEL REPORT.—Not later than 30 days after
enactment of this Act and every 120 days thereafter until
September 30, 2018, the Secretary of State shall submit
a report, in classified form if necessary, to the appropriate
congressional committees detailing by agency the number
of personnel present in Afghanistan under Chief of Mission
authority per section 3927 of title 22, United States Code,
at the end of the 120 day period preceding the submission
of such report: Provided, That such report shall also include
the number of locally employed staff and contractors supporting United States Embassy operations in Afghanistan
during the reporting period.
(2) ASSISTANCE AND CONDITIONS.—
(A) FUNDING AND LIMITATIONS.—Funds appropriated
by this Act under the headings ‘‘Economic Support Fund’’
and ‘‘International Narcotics Control and Law Enforcement’’ may be made available for assistance for Afghanistan: Provided, That such funds may not be obligated for
any project or activity that—
(i) includes the participation of any Afghan individual or organization, including government entity,
that the Secretary of State determines to be involved
in corrupt practices, illicit narcotics production or trafficking, or a violation of human rights;
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(ii) cannot be sustained, as appropriate, by the
Government of Afghanistan or another Afghan entity;
(iii) is not regularly accessible for the purposes
of conducting effective oversight in accordance with
applicable Federal statutes and regulations;
(iv) initiates any new, major infrastructure
development; or
(v) legitimizes the Taliban or other extremist
organizations in areas not under the control of the
Government of Afghanistan.
(B) CERTIFICATION AND REPORT.—Prior to the initial
obligation of funds made available by this Act under the
headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics Control and Law Enforcement’’ for assistance for
the central Government of Afghanistan, the Secretary of
State shall certify and report to the Committees on Appropriations, after consultation with the Government of
Afghanistan, that—
(i) goals and benchmarks for the specific uses of
such funds have been established by the Governments
of the United States and Afghanistan;
(ii) conditions are in place that increase the transparency and accountability of the Government of
Afghanistan for funds obligated under the New
Development Partnership;
(iii) the Government of Afghanistan is implementing laws and policies to govern democratically
and protect the rights of individuals, civil society, and
the media;
(iv) the Government of Afghanistan is taking consistent steps to protect and advance the rights of
women and girls in Afghanistan;
(v) the Government of Afghanistan is effectively
implementing a whole-of-government, anti-corruption
strategy that has been endorsed by the High Council
on Rule of Law and Anti-Corruption, as agreed to
at the Brussels Conference on Afghanistan in October
2016, and is prosecuting individuals alleged to be
involved in corrupt or illegal activities in Afghanistan;
(vi) monitoring and oversight frameworks for programs implemented with such funds are in accordance
with all applicable audit policies of the Department
of State and USAID, including in areas under the
control of the Taliban or other extremist organizations;
(vii) the necessary policies and procedures are in
place to ensure Government of Afghanistan compliance
with section 7013 of this Act, ‘‘Prohibition on Taxation
of United States Assistance’’; and
(viii) the Government of Afghanistan is publicly
reporting its national budget, including revenues and
expenditures.
(C) WAIVER.—The Secretary of State may waive the
certification requirement of subparagraph (B) if the Secretary determines that to do so is important to the national
security interest of the United States and the Secretary
submits a report to the Committees on Appropriations,
in classified form if necessary, on the justification for the
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Determination.
Reports.
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waiver and the reasons why any of the requirements of
subparagraph (B) cannot be met.
(D) PROGRAMS.—Funds appropriated by this Act that
are made available for assistance for Afghanistan shall
be made available in the following manner—
(i) for programs that protect and strengthen the
rights of women and girls and promote the political
and economic empowerment of women, including their
meaningful inclusion in political processes: Provided,
That such assistance to promote economic empowerment of women shall be made available as grants
to Afghan and international organizations, to the maximum extent practicable;
(ii) for programs in South and Central Asia to
expand linkages between Afghanistan and countries
in the region, subject to the regular notification procedures of the Committees on Appropriations; and
(iii) to assist the Government of Afghanistan to
increase revenue collection and expenditure.
(E) TAXATION.—None of the funds appropriated by this
Act for assistance for Afghanistan may be made available
for direct government-to-government assistance unless the
Secretary of State certifies and reports to the Committees
on Appropriations that United States companies and
organizations that are implementing United States foreign
assistance programs in Afghanistan in a manner consistent
with United States laws and regulations are not subjected
by such government to taxes or other fees in contravention
of diplomatic and other agreements between the Governments of the United States and Afghanistan, or to retaliation for the nonpayment of taxes or fees imposed in the
past: Provided, That not later than 90 days after enactment
of this Act, the Secretary of State shall submit to the
Committees on Appropriations an assessment of the dollar
value of improper taxes or fees levied by such government
against such companies and organizations in fiscal years
2014, 2015, and 2016.
(3) GOALS AND BENCHMARKS.—Not later than 90 days after
enactment of this Act, the Secretary of State shall submit
to the appropriate congressional committees a report describing
the goals and benchmarks required in paragraph (2)(B)(i): Provided, That not later than 6 months after the submission of
such report and every 6 months thereafter until September
30, 2018, the Secretary of State shall submit a report to such
committees on the status of achieving such goals and benchmarks: Provided further, That the Secretary of State should
suspend assistance for the Government of Afghanistan if any
report required by this paragraph indicates that such government is failing to make measurable progress in meeting such
goals and benchmarks.
(4) AUTHORITIES.—
(A) Funds appropriated by this Act under title III
through VI that are made available for assistance for
Afghanistan may be made available—
(i) notwithstanding section 7012 of this Act or
any similar provision of law and section 660 of the
Foreign Assistance Act of 1961;
Grants.
Notification.
Certification.
Reports.
Deadline.
Assessment.
Time periods.
Deadlines.
Reports.
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131 STAT. 679
(ii) for reconciliation programs and disarmament,
demobilization, and reintegration activities for former
combatants who have renounced violence against the
Government of Afghanistan, in accordance with section
7046(a)(2)(B)(ii) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act,
2012 (division I of Public Law 112–74); and
(iii) for an endowment to empower women and
girls.
(B) Section 7046(a)(2)(A) of division I of Public Law
112–74 shall apply to funds appropriated by this Act for
assistance for Afghanistan.
(C) Section 1102(c) of the Supplemental Appropriations
Act, 2009 (title XI of Public Law 111–32) shall continue
in effect during fiscal year 2017.
(5) BASING RIGHTS AGREEMENT.—None of the funds made
available by this Act may be used by the United States Government to enter into a permanent basing rights agreement
between the United States and Afghanistan.
(b) NEPAL.—
(1) ASSISTANCE.—Not less than $112,500,000 of the funds
appropriated by this Act under the headings ‘‘Global Health
Programs’’, ‘‘Economic Support Fund’’, ‘‘International Narcotics
Control and Law Enforcement’’, and ‘‘Nonproliferation, Antiterrorism, Demining and Related Programs’’ shall be made
available for assistance for Nepal, including for earthquake
recovery and reconstruction programs.
(2) FOREIGN MILITARY FINANCING PROGRAM.—Funds appropriated by this Act under the heading ‘‘Foreign Military
Financing Program’’ shall only be made available for humanitarian and disaster relief and reconstruction activities in Nepal,
and in support of international peacekeeping operations: Provided, That such funds may only be made available for any
additional uses if the Secretary of State certifies and reports
to the Committees on Appropriations that the Government
of Nepal is investigating and prosecuting violations of human
rights and the laws of war, and the Nepal Army is cooperating
fully with civilian judicial authorities in such cases.
(c) PAKISTAN.—
(1) CERTIFICATION REQUIREMENT.—None of the funds appropriated or otherwise made available by this Act under the
headings ‘‘Economic Support Fund’’, ‘‘International Narcotics
Control and Law Enforcement’’, and ‘‘Foreign Military
Financing Program’’ for assistance for the Government of Pakistan may be made available unless the Secretary of State
certifies and reports to the Committees on Appropriations that
the Government of Pakistan is—
(A) cooperating with the United States in counterterrorism efforts against the Haqqani Network, the Quetta
Shura Taliban, Lashkar e-Tayyiba, Jaish-e-Mohammed, AlQaeda, and other domestic and foreign terrorist organizations, including taking effective steps to end support for
such groups and prevent them from basing and operating
in Pakistan and carrying out cross border attacks into
neighboring countries;
(B) not supporting terrorist activities against United
States or coalition forces in Afghanistan, and Pakistan’s
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Applicability.
Extension.
Certification.
Reports.
Human rights.
Reports.
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Determination.
Certification.
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military and intelligence agencies are not intervening
extra-judicially into political and judicial processes in Pakistan;
(C) not financing or otherwise supporting schools supported by, affiliated with, or run by the Taliban or any
designated foreign terrorist organization;
(D) dismantling improvised explosive device (IED) networks and interdicting precursor chemicals used in the
manufacture of IEDs;
(E) preventing the proliferation of nuclear-related
material and expertise;
(F) issuing visas in a timely manner for United States
visitors engaged in counterterrorism efforts and assistance
programs in Pakistan; and
(G) providing humanitarian organizations access to
detainees, internally displaced persons, and other Pakistani
civilians affected by the conflict.
(2) WAIVER AND REPORTS.—
(A) The Secretary of State may waive the certification
requirement of paragraph (1) with respect to funds appropriated or otherwise made available by this Act under
the headings ‘‘Economic Support Fund’’ and ‘‘International
Narcotics Control and Law Enforcement’’ for assistance
for the Government of Pakistan if the Secretary determines
that to do so is important to the national security interest
of the United States.
(B) The Secretary of State may waive the certification
requirement of paragraph (1) with respect to 95 percent
of the funds appropriated or otherwise made available by
this Act under the heading ‘‘Foreign Military Financing
Program’’ for assistance for the Government of Pakistan
if the Secretary determines that to do so is important
to the national security interest of the United States: Provided, That funds withheld by application of this subparagraph shall be withheld from obligation until the Secretary
submits to the Committees on Appropriations the certification required by paragraph (1).
(C) In exercising the authority of this paragraph, the
Secretary of State shall submit a report to the Committees
on Appropriations, in classified form if necessary, on the
justification for any waivers in subparagraphs (A) and (B)
and the reasons why any of the requirements of paragraph
(1) cannot be met.
(3) ASSISTANCE.—
(A) Funds appropriated by this Act under the heading
‘‘Foreign Military Financing Program’’ for assistance for
Pakistan may be made available only to support counterterrorism and counterinsurgency capabilities in Pakistan.
(B) Funds appropriated by this Act under the headings
‘‘Economic Support Fund’’ and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ that are available
for assistance for Pakistan shall be made available to interdict precursor materials from Pakistan to Afghanistan that
are used to manufacture IEDs, including calcium ammonium nitrate; to support programs to train border and
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customs officials in Pakistan and Afghanistan; and for agricultural extension programs that encourage alternative fertilizer use among Pakistani farmers.
(C) Funds appropriated by this Act under the heading
‘‘Economic Support Fund’’ that are made available for
assistance for infrastructure projects in Pakistan shall be
implemented in a manner consistent with section 507(6)
of the Trade Act of 1974 (19 U.S.C. 2467(6)).
(D) Funds appropriated by this Act under titles III
and IV for assistance for Pakistan may be made available
notwithstanding any other provision of law, except for section 620M of the Foreign Assistance Act of 1961.
(E) Of the funds appropriated under titles III and
IV of this Act that are made available for assistance for
Pakistan, $33,000,000 shall be withheld from obligation
until the Secretary of State reports to the Committees
on Appropriations that Dr. Shakil Afridi has been released
from prison and cleared of all charges relating to the assistance provided to the United States in locating Osama bin
Laden.
(4) SCHOLARSHIPS FOR WOMEN.—The authority and directives of section 7044(d)(4) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2015
(division J of Public Law 113–235) shall apply to funds appropriated by this Act that are made available for assistance
for Pakistan: Provided, That prior to the obligation of funds
for such purposes, the USAID Administrator shall consult with
the Committees on Appropriations.
(5) REPORTS.—
(A)(i) The spend plan required by section 7076 of this
Act for assistance for Pakistan shall include achievable
and sustainable goals, benchmarks for measuring progress,
and expected results regarding combating poverty and furthering development in Pakistan, countering terrorism and
extremism, and establishing conditions conducive to the
rule of law and transparent and accountable governance:
Provided, That not later than 6 months after submission
of such spend plan, and each 6 months thereafter until
September 30, 2018, the Secretary of State shall submit
a report to the Committees on Appropriations on the status
of achieving the goals and benchmarks in such plan.
(ii) The Secretary of State should suspend assistance
for the Government of Pakistan if any report required
by clause (i) indicates that Pakistan is failing to make
measurable progress in meeting such goals or benchmarks.
(B) Not later than 90 days after enactment of this
Act, the Secretary of State shall submit a report to the
Committees on Appropriations detailing the costs and
objectives associated with significant infrastructure projects
supported by the United States in Pakistan, and an assessment of the extent to which such projects achieve such
objectives.
(6) OVERSIGHT.—The Secretary of State shall take all practicable steps to ensure that mechanisms are in place for monitoring, oversight, and control of funds made available by this
subsection for assistance for Pakistan.
(d) SRI LANKA.—
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Reports.
Shakil Afridi.
Applicability.
Consultation.
Spend plan.
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PUBLIC LAW 115–31—MAY 5, 2017
(1) BILATERAL ECONOMIC ASSISTANCE.—Funds appropriated
by this Act under the heading ‘‘Economic Support Fund’’ shall
be made available for assistance for Sri Lanka for democracy
and economic development programs, particularly in areas
recovering from ethnic and religious conflict: Provided, That
such funds shall be made available for programs to assist
in the identification and resolution of cases of missing persons.
(2) CERTIFICATION.—Funds appropriated by this Act for
assistance for the central Government of Sri Lanka may be
made available only if the Secretary of State certifies and
reports to the Committees on Appropriations that the Government of Sri Lanka is taking steps to—
(A) repeal laws that do not comply with international
standards for arrest and detention, and to ensure that
any successor legislation meets such standards;
(B) increase accountability and transparency in governance;
(C) support a credible justice mechanism in compliance
with United Nations Human Rights Council Resolution
(A/HCR/30/L.29) of October, 2015; and
(D) return land in former conflict zones to former
owners or to compensate those whose land was confiscated
without due process, which are in addition to steps taken
during the previous calendar year.
(3) INTERNATIONAL SECURITY ASSISTANCE.—Funds appropriated under title IV of this Act that are available for assistance for Sri Lanka shall be subject to the following conditions—
(A) not to exceed $500,000 under the heading ‘‘Foreign
Military Financing Program’’ may only be made available
for programs to support humanitarian and disaster
response efforts; to redeploy out of former conflict zones;
and to restructure and reduce the size of the Sri Lankan
armed forces; and
(B) funds under the heading ‘‘Peacekeeping Operations’’ may only be made available for training and equipment related to international peacekeeping operations.
(e) REGIONAL PROGRAMS.—
(1) CROSS BORDER PROGRAMS.—Funds appropriated by this
Act under the heading ‘‘Economic Support Fund’’ for assistance
for Afghanistan and Pakistan may be provided, notwithstanding
any other provision of law that restricts assistance to foreign
countries, for cross border stabilization and development programs between Afghanistan and Pakistan, or between either
country and the Central Asian countries.
(2) SECURITY AND JUSTICE PROGRAMS.—Funds appropriated
by this Act under the headings ‘‘Economic Support Fund’’,
‘‘International Narcotics Control and Law Enforcement’’, and
‘‘Assistance for Europe, Eurasia and Central Asia’’ that are
available for assistance for countries in South and Central
Asia shall be made available to enhance the recruitment, retention, and professionalism of women in the judiciary, police,
and other security forces.
Reports.
LATIN AMERICA AND THE CARIBBEAN
SEC. 7045. (a) CENTRAL AMERICA.—
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131 STAT. 683
(1) STRATEGY REVIEW AND UPDATE.—The Secretary of State,
in consultation with the heads of other relevant United States
Government agencies, shall review the United States Strategy
for Engagement in Central America (the Strategy) and submit
an updated Strategy to the appropriate congressional committees not later than 90 days after enactment of this Act: Provided, That such Strategy shall address the key factors in
countries in Central America that contribute to the migration
of undocumented Central Americans to the United States: Provided further, That such Strategy should support regional security and economic initiatives, including the Plan of the Alliance
for Prosperity in the Northern Triangle in Central America
(the Plan), to the extent the Secretary of State determines
such initiatives are consistent with the national interest of
the United States.
(2) FUNDING.—Subject to the requirements of this subsection, of the funds appropriated under titles III and IV of
this Act, $655,000,000 should be made available for assistance
for countries in Central America to implement the United
States Strategy for Engagement in Central America: Provided
further, That such funds shall be made available to the maximum extent practicable on a cost-matching basis.
(3) PRE-OBLIGATION REQUIREMENTS.—Prior to the obligation
of funds made available pursuant to paragraph (2) and following
the submission of the Strategy as required in paragraph (1),
the Secretary of State shall submit to the Committees on Appropriations a multi-year spend plan as described under this section in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act),
including a description of how such funds shall prioritize
addressing the key factors in countries in Central America
that contribute to the migration of undocumented Central
Americans to the United States.
(4) ASSISTANCE FOR THE CENTRAL GOVERNMENTS OF EL SALVADOR, GUATEMALA, AND HONDURAS.—Of the funds made available pursuant to paragraph (2) that are available for assistance
for each of the central governments of El Salvador, Guatemala,
and Honduras, the following amounts shall be withheld from
obligation and may only be made available as follows:
(A) 25 percent may only be obligated after the Secretary of State certifies and reports to the appropriate
congressional committees that such government is taking
effective steps, which are in addition to those steps taken
since the certification and report submitted during the
prior year, if applicable, to—
(i) inform its citizens of the dangers of the journey
to the southwest border of the United States;
(ii) combat human smuggling and trafficking;
(iii) improve border security, including to prevent
illegal migration, human smuggling and trafficking,
and trafficking of illicit drugs and other contraband;
and
(iv) cooperate with United States Government
agencies and other governments in the region to facilitate the return, repatriation, and reintegration of
illegal migrants arriving at the southwest border of
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Consultation.
Deadline.
Determination.
Spend plan.
Certification.
Reports.
Human
trafficking.
Immigration.
PUBL031
131 STAT. 684
Certification.
Reports.
Human rights.
Plan.
Determination.
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the United States who do not qualify for asylum, consistent with international law.
(B) An additional 50 percent may only be obligated
after the Secretary of State certifies and reports to the
appropriate congressional committees that such government is taking effective steps, which are in addition to
those steps taken since the certification and report submitted during the prior year, if applicable, to—
(i) work cooperatively with an autonomous, publicly accountable entity to provide oversight of the Plan;
(ii) combat corruption, including investigating and
prosecuting current and former government officials
credibly alleged to be corrupt;
(iii) implement reforms, policies, and programs to
improve transparency and strengthen public institutions, including increasing the capacity and independence of the judiciary and the Office of the Attorney
General;
(iv) implement a policy to ensure that local communities, civil society organizations (including indigenous
and other marginalized groups), and local governments
are consulted in the design, and participate in the
implementation and evaluation of, activities of the Plan
that affect such communities, organizations, and
governments;
(v) counter the activities of criminal gangs, drug
traffickers, and organized crime;
(vi) investigate and prosecute in the civilian justice
system government personnel, including military and
police personnel, who are credibly alleged to have violated human rights, and ensure that such personnel
are cooperating in such cases;
(vii) cooperate with commissions against corruption and impunity and with regional human rights
entities;
(viii) support programs to reduce poverty, expand
education and vocational training for at-risk youth,
create jobs, and promote equitable economic growth
particularly in areas contributing to large numbers
of migrants;
(ix) implement a plan that includes goals, benchmarks and timelines to create a professional, accountable civilian police force and end the role of the military
in internal policing, and make such plan available
to the Department of State;
(x) protect the right of political opposition parties,
journalists, trade unionists, human rights defenders,
and other civil society activists to operate without
interference;
(xi) increase government revenues, including by
implementing tax reforms and strengthening customs
agencies; and
(xii) resolve commercial disputes, including the
confiscation of real property, between United States
entities and such government.
(5) SUSPENSION OF ASSISTANCE AND PERIODIC REVIEW.—
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(A) The Secretary of State shall periodically review
the progress of each of the central governments of El Salvador, Guatemala, and Honduras in meeting the requirements of paragraphs (4)(A) and (4)(B): Provided, That if
the Secretary determines that sufficient progress has not
been made by a central government, the Secretary shall
suspend, in whole or in part, assistance for such government for programs supporting such requirement, and shall
notify the appropriate congressional committees in writing
of such action: Provided further, That the Secretary may
resume funding for such programs only after the Secretary
certifies to such committees that corrective measures have
been taken.
(B) The Secretary of State shall, following a change
of national government in El Salvador, Guatemala, or Honduras, determine and report to the appropriate congressional committees that any new government has committed
to take the steps to meet the requirements of paragraphs
(4)(A) and (4)(B): Provided, That if the Secretary is unable
to make such a determination in a timely manner, assistance made available under this subsection for such central
government shall be suspended, in whole or in part, until
such time as such determination and report can be made.
(6) TRANSFER OF FUNDS.—The Department of State and
USAID may, following consultation with the Committees on
Appropriations, transfer funds made available by this Act under
the heading ‘‘Development Assistance’’ to the Inter-American
Development Bank and the Inter-American Foundation to support the Strategy.
(b) COLOMBIA.—
(1) ASSISTANCE.—Of the funds appropriated by this Act
under titles III and IV, not less than $391,253,000 shall be
made available for assistance for Colombia, including to support
the efforts of the Government of Colombia to—
(A) conduct a unified campaign against narcotics trafficking, organizations designated as foreign terrorist
organizations pursuant to section 219 of the Immigration
and Nationality Act (8 U.S.C. 1189), and other criminal
or illegal armed groups: Provided, That aircraft supported
by funds made available by this Act and prior Acts making
appropriations for the Department of State, foreign operations, and related programs may be used to transport
personnel and supplies involved in drug eradication and
interdiction, including security for such activities, and to
provide transport in support of alternative development
programs and investigations by civilian judicial authorities;
(B) enhance security and stability in Colombia and
the region;
(C) strengthen and expand governance, the rule of
law, and access to justice throughout Colombia;
(D) promote economic and social development,
including by improving access to areas impacted by conflict
through demining programs; and
(E) implement a peace agreement between the Government of Colombia and illegal armed groups, in accordance
with constitutional and legal requirements in Colombia:
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Certification.
Reports.
Consultation.
PUBL031
131 STAT. 686
Provided, That such funds shall be subject to prior consultation
with, and the regular notification procedures of, the Committees
on Appropriations.
(2) LIMITATION.—None of the funds appropriated by this
Act or prior Acts making appropriations for the Department
of State, foreign operations, and related programs that are
made available for assistance for Colombia may be made available for payment of reparations to conflict victims or compensation to demobilized combatants associated with a peace agreement between the Government of Colombia and illegal armed
groups.
(3) PRE-OBLIGATION REQUIREMENTS.—Prior to the initial
obligation of funds made available pursuant to paragraph (1),
the Secretary of State, in consultation with the USAID Administrator, shall submit to the Committees on Appropriations a
multi-year spend plan as described under section 7045 in the
explanatory statement described in section 4 (in the matter
preceding division A of this Consolidated Act).
(4) REFUGEES.—Funds made available by this Act under
the heading ‘‘Economic Support Fund’’ for assistance for
Colombia shall be apportioned directly to USAID, except that
not less than $7,000,000 of such funds shall be transferred
to, and merged with, funds appropriated by this Act under
the heading ‘‘Migration and Refugee Assistance’’ for assistance
for Colombian refugees in neighboring countries.
(5) COUNTERNARCOTICS.—Of the funds made available by
this Act under the heading ‘‘International Narcotics Control
and Law Enforcement’’ for assistance for Colombia, 20 percent
may be obligated only in accordance with the conditions set
forth under section 7045 in the explanatory statement described
in section 4 (in the matter preceding division A of this Consolidated Act).
(6) HUMAN RIGHTS.—Of the funds made available by this
Act under the heading ‘‘Foreign Military Financing Program’’
for assistance for Colombia, 20 percent may be obligated only
in accordance with the conditions set forth under section 7045
in the explanatory statement described in section 4 (in the
matter preceding division A of this Consolidated Act).
(7) EXCEPTIONS.—The limitations of paragraphs (5) and
(6) shall not apply to funds made available for aviation instruction and maintenance, and maritime and riverine security programs.
(c) HAITI.—
(1) FUNDING.—Of the funds appropriated by this Act under
the headings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’, not more than $45,000,000 may be made available for
assistance for Haiti: Provided, That the funding limitation of
this paragraph may be exceeded for food security and global
health programs.
(2) CERTIFICATION.—Funds appropriated by this Act under
the headings ‘‘Development Assistance’’ and ‘‘Economic Support
Fund’’ that are made available for assistance for Haiti may
not be made available for assistance for the central Government
of Haiti unless the Secretary of State certifies and reports
to the Committees on Appropriations that such government
is taking effective steps, which are in addition to steps taken
Consultation.
Notification.
Consultation.
Plan.
Reports.
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since the certification and report submitted during the prior
year, if applicable, to—
(A) strengthen the rule of law in Haiti, including by—
(i) selecting judges in a transparent manner based
on merit;
(ii) reducing pre-trial detention;
(iii) respecting the independence of the judiciary;
and
(iv) improving governance by implementing
reforms to increase transparency and accountability,
including through the penal and criminal codes;
(B) combat corruption, including by implementing the
anti-corruption law enacted in 2014 and prosecuting corrupt officials;
(C) increase government revenues, including by implementing tax reforms, and increase expenditures on public
services; and
(D) resolve commercial disputes between United States
entities and the Government of Haiti.
(3) HAITIAN COAST GUARD.—The Government of Haiti shall
be eligible to purchase defense articles and services under
the Arms Export Control Act (22 U.S.C. 2751 et seq.) for the
Coast Guard.
EUROPE AND EURASIA
SEC. 7046. (a) ASSISTANCE FOR UKRAINE.—Of the funds appropriated by this Act under titles III and IV, not less than
$410,465,000 shall be made available for assistance for Ukraine.
(b) LIMITATION.—None of the funds appropriated by this Act
may be made available for assistance for a government of an Independent State of the former Soviet Union if such government directs
any action in violation of the territorial integrity or national sovereignty of any other Independent State of the former Soviet Union,
such as those violations included in the Helsinki Final Act: Provided, That except as otherwise provided in section 7070(a) of
this Act, funds may be made available without regard to the restriction in this subsection if the President determines that to do so
is in the national security interest of the United States: Provided
further, That prior to executing the authority contained in the
previous proviso the Secretary of State shall consult with the
Committees on Appropriations on how such assistance supports
the national security interest of the United States.
(c) SECTION 907 OF THE FREEDOM SUPPORT ACT.—Section 907
of the FREEDOM Support Act shall not apply to—
(1) activities to support democracy or assistance under
title V of the FREEDOM Support Act and section 1424 of
the Defense Against Weapons of Mass Destruction Act of 1996
(50 U.S.C. 2333) or non-proliferation assistance;
(2) any assistance provided by the Trade and Development
Agency under section 661 of the Foreign Assistance Act of
1961 (22 U.S.C. 2421);
(3) any activity carried out by a member of the United
States and Foreign Commercial Service while acting within
his or her official capacity;
(4) any insurance, reinsurance, guarantee, or other assistance provided by the Overseas Private Investment Corporation
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President.
Determination.
Consultation.
PUBL031
131 STAT. 688
PUBLIC LAW 115–31—MAY 5, 2017
under title IV of chapter 2 of part I of the Foreign Assistance
Act of 1961 (22 U.S.C. 2191 et seq.);
(5) any financing provided under the Export-Import Bank
Act of 1945; or
(6) humanitarian assistance.
WAR CRIMES TRIBUNALS
President.
Determination.
Notification.
SEC. 7047. If the President determines that doing so will contribute to a just resolution of charges regarding genocide or other
violations of international humanitarian law, the President may
direct a drawdown pursuant to section 552(c) of the Foreign Assistance Act of 1961 of up to $30,000,000 of commodities and services
for the United Nations War Crimes Tribunal established with
regard to the former Yugoslavia by the United Nations Security
Council or such other tribunals or commissions as the Council
may establish or authorize to deal with such violations, without
regard to the ceiling limitation contained in paragraph (2) thereof:
Provided, That the determination required under this section shall
be in lieu of any determinations otherwise required under section
552(c): Provided further, That funds made available pursuant to
this section shall be made available subject to the regular notification procedures of the Committees on Appropriations.
UNITED NATIONS
Reports.
Web posting.
Waiver authority.
Determination.
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SEC. 7048. (a) TRANSPARENCY AND ACCOUNTABILITY.—
(1) Of the funds appropriated under title I and under
the heading ‘‘International Organizations and Programs’’ in
title V of this Act that are available for contributions to the
United Nations (including the Department of Peacekeeping
Operations), any United Nations agency, or the Organization
of American States, 15 percent may not be obligated for such
organization, department, or agency until the Secretary of State
reports to the Committees on Appropriations that the organization, department, or agency is—
(A) posting on a publicly available Web site, consistent
with privacy regulations and due process, regular financial
and programmatic audits of such organization, department,
or agency, and providing the United States Government
with necessary access to such financial and performance
audits; and
(B) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection
of whistleblowers from retaliation, including best practices
for—
(i) protection against retaliation for internal and
lawful public disclosures;
(ii) legal burdens of proof;
(iii) statutes of limitation for reporting retaliation;
(iv) access to independent adjudicative bodies,
including external arbitration; and
(v) results that eliminate the effects of proven
retaliation.
(2) The restrictions imposed by or pursuant to paragraph
(1) may be waived on a case-by-case basis if the Secretary
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of State determines and reports to the Committees on Appropriations that such waiver is necessary to avert or respond
to a humanitarian crisis.
(b) RESTRICTIONS ON UNITED NATIONS DELEGATIONS AND
ORGANIZATIONS.—
(1) None of the funds made available by this Act may
be used to pay expenses for any United States delegation to
any specialized agency, body, or commission of the United
Nations if such agency, body, or commission is chaired or presided over by a country, the government of which the Secretary
of State has determined, for purposes of section 6(j)(1) of the
Export Administration Act of 1979 as continued in effect pursuant to the International Emergency Economic Powers Act (50
U.S.C. App. 2405(j)(1)), supports international terrorism.
(2) None of the funds made available by this Act may
be used by the Secretary of State as a contribution to any
organization, agency, commission, or program within the United
Nations system if such organization, agency, commission, or
program is chaired or presided over by a country the government of which the Secretary of State has determined, for purposes of section 620A of the Foreign Assistance Act of 1961,
section 40 of the Arms Export Control Act, section 6(j)(1) of
the Export Administration Act of 1979, or any other provision
of law, is a government that has repeatedly provided support
for acts of international terrorism.
(3) The Secretary of State may waive the restriction in
this subsection if the Secretary determines and reports to the
Committees on Appropriations that to do so is in the national
interest of the United States, including a description of the
national interest served.
(c) UNITED NATIONS HUMAN RIGHTS COUNCIL.—None of the
funds appropriated by this Act may be made available in support
of the United Nations Human Rights Council unless the Secretary
of State determines and reports to the Committees on Appropriations that participation in the Council is important to the national
interest of the United States and that the Council is taking significant steps to remove Israel as a permanent agenda item: Provided,
That such report shall include a description of the national interest
served and the steps taken to remove Israel as a permanent agenda
item: Provided further, That the Secretary of State shall report
to the Committees on Appropriations not later than September
30, 2017, on the resolutions considered in the United Nations
Human Rights Council during the previous 12 months, and on
steps taken to remove Israel as a permanent agenda item.
(d) UNITED NATIONS RELIEF AND WORKS AGENCY.—Prior to
the initial obligation of funds for the United Nations Relief and
Works Agency (UNRWA), and not later than 45 days after enactment of this Act, the Secretary of State shall submit a report
in writing to the Committees on Appropriations on whether
UNRWA is—
(1) utilizing Operations Support Officers in the West Bank,
Gaza, and other fields of operation to inspect UNRWA installations and reporting any inappropriate use;
(2) acting promptly to address any staff or beneficiary
violation of its own policies (including the policies on neutrality
and impartiality of employees) and the legal requirements
under section 301(c) of the Foreign Assistance Act of 1961;
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Determination.
Determination.
Israel.
Time period.
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Consultation.
Notification.
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(3) implementing procedures to maintain the neutrality
of its facilities, including implementing a no-weapons policy,
and conducting regular inspections of its installations, to ensure
they are only used for humanitarian or other appropriate purposes;
(4) taking necessary and appropriate measures to ensure
it is operating in compliance with the conditions of section
301(c) of the Foreign Assistance Act of 1961 and continuing
regular reporting to the Department of State on actions it
has taken to ensure conformance with such conditions;
(5) taking steps to ensure the content of all educational
materials currently taught in UNRWA-administered schools
and summer camps is consistent with the values of human
rights, dignity, and tolerance and does not induce incitement;
(6) not engaging in operations with financial institutions
or related entities in violation of relevant United States law,
and is taking steps to improve the financial transparency of
the organization; and
(7) in compliance with the United Nations Board of Auditors’ biennial audit requirements and is implementing in a
timely fashion the Board’s recommendations.
(e) PROHIBITION OF PAYMENTS TO UNITED NATIONS MEMBERS.—
None of the funds appropriated or made available pursuant to
titles III through VI of this Act for carrying out the Foreign Assistance Act of 1961, may be used to pay in whole or in part any
assessments, arrearages, or dues of any member of the United
Nations or, from funds appropriated by this Act to carry out chapter
1 of part I of the Foreign Assistance Act of 1961, the costs for
participation of another country’s delegation at international conferences held under the auspices of multilateral or international
organizations.
(f) UNITED NATIONS CAPITAL PROJECTS.—None of the funds
made available by this Act may be used for the design, renovation,
or construction of the United Nations Headquarters in New York:
Provided, That any operating plan submitted pursuant to this Act
for funds made available under the heading ‘‘Contributions to International Organizations’’ shall include information on capital
projects, as described under this section in the explanatory statement described in section 4 (in the matter preceding division A
of this Consolidated Act).
(g) WITHHOLDING REPORT.—Not later than 45 days after enactment of this Act, the Secretary of State shall submit a report
to the Committees on Appropriations detailing the amount of funds
available for obligation or expenditure in fiscal year 2017 for contributions to any organization, department, agency, or program
within the United Nations system or any international program
that are withheld from obligation or expenditure due to any provision of law: Provided, That the Secretary of State shall update
such report each time additional funds are withheld by operation
of any provision of law: Provided further, That the reprogramming
of any withheld funds identified in such report, including updates
thereof, shall be subject to prior consultation with, and the regular
notification procedures of, the Committees on Appropriations.
(h) SEXUAL EXPLOITATION AND ABUSE IN PEACEKEEPING OPERATIONS.—
(1) Funds appropriated by this Act shall be made available
to implement section 301 of the Department of State Authorities
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Act, Fiscal Year 2017 (Public Law 114–323): Provided, That
the elements and objectives of subsection (c) of such section
shall include the adoption of a United Nations policy requiring
the mandatory repatriation from a United Nations peacekeeping operation of any personnel credibly alleged to have
engaged in sexual exploitation or abuse, and a prohibition
on the participation in such peacekeeping operations of personnel from any country the government of which is unwilling
or unable to carry out its criminal or disciplinary responsibilities with respect to personnel credibly alleged to have engaged
in sexual exploitation or abuse.
(2) The Secretary of State should withhold assistance to
any unit of the security forces of a foreign country if the
Secretary has credible information that such unit has engaged
in sexual exploitation or abuse, including while serving in a
United Nations peacekeeping operation, until the Secretary
determines that the government of such country is taking effective steps to bring the responsible members of such unit to
justice and to prevent future incidents: Provided, That the
Secretary shall promptly notify the government of each country
subject to any withholding of assistance pursuant to this paragraph, and shall notify the appropriate congressional committees of such withholding not later than 10 days after a determination to withhold such assistance is made: Provided further,
That the Secretary shall, to the maximum extent practicable,
assist such government in bringing the responsible members
of such unit to justice.
(i) ADDITIONAL AVAILABILITY.—Funds appropriated under title
I of this Act which are returned or not made available due to
the implementation of subsection (a) or the second proviso under
the heading ‘‘Contributions for International Peacekeeping Activities’’ of such title shall remain available for obligation until September 30, 2018.
(j) REPORT ON ARREARS.—Not later than 30 days after enactment of this Act, and updated every 90 days thereafter until September 30, 2018, the Secretary of State shall submit a report
to the appropriate congressional committees detailing—
(1) a description of the treaty or other obligation of the
United States to pay assessed contributions at specified rates
for the United Nations and other international organizations
by organization or entity;
(2) a description of relevant United States laws regarding
such assessed rates and contributions;
(3) a description of, and justification for, any deviation
from payment of such assessed rates and contributions, to
include the cumulative amount of arrears owed, or anticipated
to be owed, by the United States to any organization or entity
as a result of such deviation;
(4) a specific plan for payment of such arrears;
(5) an analysis of when the amount of arrears owed by
the United States may trigger Article 19 of the United Nations
Charter or similar provision in a treaty, convention or charter
governing participation in an international organization,
resulting in the loss of a vote by the United States in the
United Nations General Assembly or other governing body of
an international organization; and
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Notifications.
Analysis.
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(6) an analysis of the impact to the national interest of
the United States in international organizations, including the
United Nations, as a result of arrears owed, if any, including
with respect to the loss of influence within such organizations.
Analysis.
COMMUNITY-BASED POLICE ASSISTANCE
SEC. 7049. (a) AUTHORITY.—Funds made available by titles
III and IV of this Act to carry out the provisions of chapter 1
of part I and chapters 4 and 6 of part II of the Foreign Assistance
Act of 1961, may be used, notwithstanding section 660 of that
Act, to enhance the effectiveness and accountability of civilian police
authority through training and technical assistance in human
rights, the rule of law, anti-corruption, strategic planning, and
through assistance to foster civilian police roles that support democratic governance, including assistance for programs to prevent
conflict, respond to disasters, address gender-based violence, and
foster improved police relations with the communities they serve.
(b) NOTIFICATION.—Assistance provided under subsection (a)
shall be subject to the regular notification procedures of the
Committees on Appropriations.
DISABILITY PROGRAMS
SEC. 7050. (a) ASSISTANCE.—Funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’ shall be made available for programs and activities administered by the United States
Agency for International Development to address the needs and
protect and promote the rights of people with disabilities in developing countries, including initiatives that focus on independent
living, economic self-sufficiency, advocacy, education, employment,
transportation, sports, and integration of individuals with disabilities, including for the cost of translation.
(b) MANAGEMENT, OVERSIGHT, AND TECHNICAL SUPPORT.—Of
the funds made available pursuant to this section, 5 percent may
be used for USAID for management, oversight, and technical support.
INTERNATIONAL CONFERENCES
Reports.
Time period.
Definition.
SEC. 7051. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of agencies or departments of the United States
Government who are stationed in the United States, at any single
international conference occurring outside the United States, unless
the Secretary of State reports to the Committees on Appropriations
at least 5 days in advance that such attendance is important
to the national interest: Provided, That for purposes of this section
the term ‘‘international conference’’ shall mean a conference
attended by representatives of the United States Government and
of foreign governments, international organizations, or nongovernmental organizations.
AIRCRAFT TRANSFER, COORDINATION, AND USE
SEC. 7052. (a) TRANSFER AUTHORITY.—Notwithstanding any
other provision of law or regulation, aircraft procured with funds
appropriated by this Act and prior Acts making appropriations
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for the Department of State, foreign operations, and related programs under the headings ‘‘Diplomatic and Consular Programs’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Andean
Counterdrug Initiative’’, and ‘‘Andean Counterdrug Programs’’ may
be used for any other program and in any region, including for
the transportation of active and standby Civilian Response Corps
personnel and equipment during a deployment: Provided, That the
responsibility for policy decisions and justification for the use of
such transfer authority shall be the responsibility of the Secretary
of State and the Deputy Secretary of State and this responsibility
shall not be delegated.
(b) PROPERTY DISPOSAL.—The authority provided in subsection
(a) shall apply only after the Secretary of State determines and
reports to the Committees on Appropriations that the equipment
is no longer required to meet programmatic purposes in the designated country or region: Provided, That any such transfer shall
be subject to prior consultation with, and the regular notification
procedures of, the Committees on Appropriations.
(c) AIRCRAFT COORDINATION.—
(1) The uses of aircraft purchased or leased by the Department of State and the United States Agency for International
Development with funds made available in this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs shall be coordinated under
the authority of the appropriate Chief of Mission: Provided,
That such aircraft may be used to transport, on a reimbursable
or non-reimbursable basis, Federal and non-Federal personnel
supporting Department of State and USAID programs and
activities: Provided further, That official travel for other agencies for other purposes may be supported on a reimbursable
basis, or without reimbursement when traveling on a space
available basis: Provided further, That funds received by the
Department of State for the use of aircraft owned, leased,
or chartered by the Department of State may be credited to
the Working Capital Fund of the Department and shall be
available for expenses related to the purchase, lease, maintenance, chartering, or operation of such aircraft.
(2) The requirement and authorities of this subsection shall
only apply to aircraft, the primary purpose of which is the
transportation of personnel.
(d) AIRCRAFT OPERATIONS AND MAINTENANCE.—To the maximum extent practicable, the costs of operations and maintenance,
including fuel, of aircraft funded by this Act shall be borne by
the recipient country.
Applicability.
Determination.
Reports.
Consultation.
Notification.
Applicability.
PARKING FINES AND REAL PROPERTY TAXES OWED BY FOREIGN
GOVERNMENTS
SEC. 7053. The terms and conditions of section 7055 of the
Department of State, Foreign Operations, and Related Programs
Appropriations Act, 2011 (division F of Public Law 111–117) shall
apply to this Act: Provided, That the date ‘‘September 30, 2009’’
in subsection (f)(2)(B) of such section shall be deemed to be ‘‘September 30, 2016’’.
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Applicability.
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LANDMINES AND CLUSTER MUNITIONS
SEC. 7054. (a) LANDMINES.—Notwithstanding any other provision of law, demining equipment available to the United States
Agency for International Development and the Department of State
and used in support of the clearance of landmines and unexploded
ordnance for humanitarian purposes may be disposed of on a grant
basis in foreign countries, subject to such terms and conditions
as the Secretary of State may prescribe.
(b) CLUSTER MUNITIONS.—No military assistance shall be furnished for cluster munitions, no defense export license for cluster
munitions may be issued, and no cluster munitions or cluster munitions technology shall be sold or transferred, unless—
(1) the submunitions of the cluster munitions, after arming,
do not result in more than 1 percent unexploded ordnance
across the range of intended operational environments, and
the agreement applicable to the assistance, transfer, or sale
of such cluster munitions or cluster munitions technology specifies that the cluster munitions will only be used against clearly
defined military targets and will not be used where civilians
are known to be present or in areas normally inhabited by
civilians; or
(2) such assistance, license, sale, or transfer is for the
purpose of demilitarizing or permanently disposing of such
cluster munitions.
PROHIBITION ON PUBLICITY OR PROPAGANDA
SEC. 7055. No part of any appropriation contained in this
Act shall be used for publicity or propaganda purposes within
the United States not authorized before the date of the enactment
of this Act by Congress: Provided, That not to exceed $25,000
may be made available to carry out the provisions of section 316
of the International Security and Development Cooperation Act
of 1980 (Public Law 96–533).
CONTINUOUS SUPERVISION AND GENERAL DIRECTION OF ECONOMIC
AND MILITARY ASSISTANCE
President.
Coordination.
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SEC. 7056. (a) Under the direction of the President, the Secretary of State shall be responsible for the continuous supervision
and general direction of economic assistance, law enforcement and
justice sector assistance, military assistance, and military education
and training programs, including but not limited to determining
whether there shall be a military assistance (including civic action)
or a military education and training program for a country and
the value thereof, to the end that such programs are effectively
integrated both at home and abroad and the foreign policy of
the United States is best served thereby.
(b) Consistent with section 481(b) of the Foreign Assistance
Act of 1961, the Secretary of State shall be responsible for coordinating all assistance provided by the United States Government
to support international efforts to combat illicit narcotics production
or trafficking: Provided, That the provision of assistance by the
Department of Defense which is comparable to assistance that
may be made available by this Act under the heading ‘‘International
Narcotics Control and Law Enforcement’’ shall be provided in a
manner consistent with the requirements of section 333(b) of title
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131 STAT. 695
10, United States Code, as added by section 1241 of the National
Defense Authorization Act for Fiscal Year 2017 (Public Law 114–
328).
UNITED STATES AGENCY FOR INTERNATIONAL DEVELOPMENT
MANAGEMENT
SEC. 7057. (a) AUTHORITY.—Up to $93,000,000 of the funds
made available in title III of this Act pursuant to or to carry
out the provisions of part I of the Foreign Assistance Act of 1961,
including funds appropriated under the heading ‘‘Assistance for
Europe, Eurasia and Central Asia’’, may be used by the United
States Agency for International Development to hire and employ
individuals in the United States and overseas on a limited appointment basis pursuant to the authority of sections 308 and 309
of the Foreign Service Act of 1980.
(b) RESTRICTIONS.—
(1) The number of individuals hired in any fiscal year
pursuant to the authority contained in subsection (a) may not
exceed 175.
(2) The authority to hire individuals contained in subsection
(a) shall expire on September 30, 2018.
(c) CONDITIONS.—The authority of subsection (a) should only
be used to the extent that an equivalent number of positions that
are filled by personal services contractors or other non-direct hire
employees of USAID, who are compensated with funds appropriated
to carry out part I of the Foreign Assistance Act of 1961, including
funds appropriated under the heading ‘‘Assistance for Europe, Eurasia and Central Asia’’, are eliminated.
(d) PROGRAM ACCOUNT CHARGED.—The account charged for
the cost of an individual hired and employed under the authority
of this section shall be the account to which the responsibilities
of such individual primarily relate: Provided, That funds made
available to carry out this section may be transferred to, and
merged with, funds appropriated by this Act in title II under
the heading ‘‘Operating Expenses’’.
(e) FOREIGN SERVICE LIMITED EXTENSIONS.—Individuals hired
and employed by USAID, with funds made available in this Act
or prior Acts making appropriations for the Department of State,
foreign operations, and related programs, pursuant to the authority
of section 309 of the Foreign Service Act of 1980, may be extended
for a period of up to 4 years notwithstanding the limitation set
forth in such section.
(f) DISASTER SURGE CAPACITY.—Funds appropriated under title
III of this Act to carry out part I of the Foreign Assistance Act
of 1961, including funds appropriated under the heading ‘‘Assistance
for Europe, Eurasia and Central Asia’’, may be used, in addition
to funds otherwise available for such purposes, for the cost
(including the support costs) of individuals detailed to or employed
by USAID whose primary responsibility is to carry out programs
in response to natural disasters, or man-made disasters subject
to the regular notification procedures of the Committees on Appropriations.
(g) PERSONAL SERVICES CONTRACTORS.—Funds appropriated by
this Act to carry out chapter 1 of part I, chapter 4 of part II,
and section 667 of the Foreign Assistance Act of 1961, and title
II of the Food for Peace Act (Public Law 83–480), may be used
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22 USC 3948
note.
Expiration date.
Time period.
Notification.
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by USAID to employ up to 40 personal services contractors in
the United States, notwithstanding any other provision of law,
for the purpose of providing direct, interim support for new or
expanded overseas programs and activities managed by the agency
until permanent direct hire personnel are hired and trained: Provided, That not more than 15 of such contractors shall be assigned
to any bureau or office: Provided further, That such funds appropriated to carry out title II of the Food for Peace Act (Public
Law 83–480), may be made available only for personal services
contractors assigned to the Office of Food for Peace.
(h) SMALL BUSINESS.—In entering into multiple award indefinite-quantity contracts with funds appropriated by this Act, USAID
may provide an exception to the fair opportunity process for placing
task orders under such contracts when the order is placed with
any category of small or small disadvantaged business.
(i) SENIOR FOREIGN SERVICE LIMITED APPOINTMENTS.—Individuals hired pursuant to the authority provided by section 7059(o)
of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2011 (division F of Public Law 111–
117) may be assigned to or support programs in Afghanistan or
Pakistan with funds made available in this Act and prior Acts
making appropriations for the Department of State, foreign operations, and related programs.
GLOBAL HEALTH ACTIVITIES
Determination.
Reports.
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SEC. 7058. (a) IN GENERAL.—Funds appropriated by titles III
and IV of this Act that are made available for bilateral assistance
for child survival activities or disease programs including activities
relating to research on, and the prevention, treatment and control
of, HIV/AIDS may be made available notwithstanding any other
provision of law except for provisions under the heading ‘‘Global
Health Programs’’ and the United States Leadership Against HIV/
AIDS, Tuberculosis, and Malaria Act of 2003 (117 Stat. 711; 22
U.S.C. 7601 et seq.), as amended: Provided, That of the funds
appropriated under title III of this Act, not less than $575,000,000
should be made available for family planning/reproductive health,
including in areas where population growth threatens biodiversity
or endangered species.
(b) GLOBAL FUND.—Of the funds appropriated by this Act that
are available for a contribution to the Global Fund to Fight AIDS,
Tuberculosis and Malaria (Global Fund), 10 percent should be withheld from obligation until the Secretary of State determines and
reports to the Committees on Appropriations that the Global Fund
is—
(1) maintaining and implementing a policy of transparency,
including the authority of the Global Fund Office of the
Inspector General (OIG) to publish OIG reports on a public
Web site;
(2) providing sufficient resources to maintain an independent OIG that—
(A) reports directly to the Board of the Global Fund;
(B) maintains a mandate to conduct thorough investigations and programmatic audits, free from undue interference; and
(C) compiles regular, publicly published audits and
investigations of financial, programmatic, and reporting
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131 STAT. 697
aspects of the Global Fund, its grantees, recipients, subrecipients, and Local Fund Agents;
(3) effectively implementing and enforcing policies and
procedures which reflect best practices for the protection of
whistleblowers from retaliation, including best practices for—
(A) protection against retaliation for internal and lawful public disclosures;
(B) legal burdens of proof;
(C) statutes of limitation for reporting retaliation;
(D) access to independent adjudicative bodies, including
external arbitration; and
(E) results that eliminate the effects of proven retaliation; and
(4) implementing the recommendations contained in the
Consolidated Transformation Plan approved by the Board of
the Global Fund on November 21, 2011:
Provided, That such withholding shall not be in addition to funds
that are withheld from the Global Fund in fiscal year 2017 pursuant
to the application of any other provision contained in this or any
other Act.
(c) CONTAGIOUS INFECTIOUS DISEASE OUTBREAKS.—
(1) EMERGENCY RESERVE FUND.—Of the funds appropriated
by this Act under the heading ‘‘Global Health Programs’’,
$70,000,000 shall be made available for an Emergency Reserve
Fund to address emerging health threats, and shall remain
available until expended: Provided, That such funds shall be
in addition to funds otherwise available for such purposes,
and may be transferred to, and merged with, funds appropriated by this Act under the heading ‘‘International Disaster
Assistance’’ for the purposes of this paragraph: Provided further, That such funds may only be made available if the Secretary of State determines and reports to the Committees on
Appropriations that it is in the national interest to respond
to an emerging health threat that poses severe threats to
human health.
(2) EXTRAORDINARY MEASURES.—If the Secretary of State
determines and reports to the Committees on Appropriations
that an international infectious disease outbreak is sustained,
severe, and is spreading internationally, or that it is in the
national interest to respond to a Public Health Emergency
of International Concern, funds appropriated by this Act under
the headings ‘‘Global Health Programs’’, ‘‘Development Assistance’’, ‘‘International Disaster Assistance’’, ‘‘Complex Crises
Fund’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’, ‘‘Migration and
Refugee Assistance’’, and ‘‘Millennium Challenge Corporation’’
may be made available to combat such infectious disease or
public health emergency, and may be transferred to, and
merged with, funds appropriated under such headings for the
purposes of this paragraph.
(3) OVERSIGHT OF FUNDS.—Funds made available by this
subsection shall be subject to prior consultation with, and the
regular notification procedures of, the Committees on Appropriations.
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Determination.
Reports.
Consultation.
Notification.
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GENDER EQUALITY
SEC. 7059. (a) GENDER EQUALITY.—Funds appropriated by this
Act shall be made available to promote gender equality in United
States Government diplomatic and development efforts by raising
the status, increasing the participation, and protecting the rights
of women and girls worldwide.
(b) WOMEN’S LEADERSHIP.—Of the funds appropriated by title
III of this Act, not less than $50,000,000 shall be made available
to increase leadership opportunities for women in countries where
women and girls suffer discrimination due to law, policy, or practice,
by strengthening protections for women’s political status, expanding
women’s participation in political parties and elections, and
increasing women’s opportunities for leadership positions in the
public and private sectors at the local, provincial, and national
levels.
(c) GENDER-BASED VIOLENCE.—
(1)(A) Of the funds appropriated by titles III and IV of
this Act, not less than $150,000,000 shall be made available
to implement a multi-year strategy to prevent and respond
to gender-based violence in countries where it is common in
conflict and non-conflict settings.
(B) Funds appropriated by titles III and IV of this Act
that are available to train foreign police, judicial, and military
personnel, including for international peacekeeping operations,
shall address, where appropriate, prevention and response to
gender-based violence and trafficking in persons, and shall
promote the integration of women into the police and other
security forces.
(2) Department of State and United States Agency for
International Development gender programs shall incorporate
coordinated efforts to combat a variety of forms of genderbased violence, including child marriage, rape, female genital
cutting and mutilation, and domestic violence, among other
forms of gender-based violence in conflict and non-conflict settings.
(d) WOMEN, PEACE, AND SECURITY.—Funds appropriated by
this Act under the headings ‘‘Development Assistance’’, ‘‘Economic
Support Fund’’, ‘‘Assistance for Europe, Eurasia and Central Asia’’,
and ‘‘International Narcotics Control and Law Enforcement’’ should
be made available to support a multi-year strategy to expand,
and improve coordination of, United States Government efforts
to empower women as equal partners in conflict prevention, peace
building, transitional processes, and reconstruction efforts in countries affected by conflict or in political transition, and to ensure
the equitable provision of relief and recovery assistance to women
and girls.
(e) WOMEN AND GIRLS AT RISK FROM EXTREMISM.—
(1) ASSISTANCE.—Of the funds appropriated by this Act
under the heading ‘‘Economic Support Fund’’, not less than
$15,000,000 shall be made available to support women and
girls who are at risk from extremism and conflict, and for
activities to—
(A) empower women and girls to counter extremism;
(B) address the needs of women and girls adversely
impacted by extremism and conflict;
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131 STAT. 699
(C) document crimes committed by extremists against
women and girls, and support investigations and prosecutions of such crimes, as appropriate;
(D) increase the participation and influence of women
in formal and informal political processes and institutions
at the local level and within traditional governing structures;
(E) support reconciliation programs between impacted
minority, religious, and ethnic groups and the broader
community;
(F) develop and implement legal reforms and protections for women and girls at the national and local government levels; and
(G) create and sustain networks for women and girls
to collectively safeguard their rights on a regional basis.
(2) STRATEGY REQUIREMENT.—Not later than 90 days after
enactment of this Act, the Secretary of State, in consultation
with the USAID Administrator, shall submit a comprehensive,
inter-agency strategy to support women and girls who are at
risk from extremism and conflict, including a description of
monitoring and evaluation protocols.
(3) CLARIFICATION AND NOTIFICATION.—Funds made available pursuant to paragraph (1)—
(A) are in addition to amounts otherwise available
by this Act for such purposes; and
(B) shall be made available following consultation with,
and subject to the regular notification procedures of, the
Committees on Appropriations.
Deadline.
Consultation.
Consultation.
SECTOR ALLOCATIONS
SEC. 7060. (a) BASIC EDUCATION AND HIGHER EDUCATION.—
(1) BASIC EDUCATION.—
(A) Of the funds appropriated under title III of this
Act, not less than $800,000,000 shall be made available
for assistance for basic education, and such funds may
be made available notwithstanding any other provision of
law that restricts assistance to foreign countries: Provided,
That such funds should be used to implement the objectives
of basic education programs for each Country Development
Cooperation Strategy or similar strategy regarding basic
education established by the United States Agency for
International Development: Provided further, That such
funds may also be used for secondary education activities:
Provided further, That the USAID Administrator, following
consultation with the Committees on Appropriations, may
reprogram such funds between countries.
(B) Not later than 30 days after enactment of this
Act, the USAID Administrator shall report to the Committees on Appropriations on the status of cumulative unobligated balances and obligated, but unexpended, balances
in each country where USAID provides basic education
assistance and such report shall also include details on
the types of contracts and grants provided and the goals
and objectives of such assistance: Provided, That the
USAID Administrator shall update such report on a quarterly basis until September 30, 2018: Provided further,
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Deadline.
Reports.
Termination
date.
PUBL031
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Determination.
Consultation.
Notification.
Notification.
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That if the USAID Administrator determines that any
unobligated balances of funds specifically designated for
assistance for basic education in prior Acts making appropriations for the Department of State, foreign operations,
and related programs are in excess of the absorptive
capacity of recipient countries, such funds may be made
available for other programs authorized under chapter 1
of part I of the Foreign Assistance Act of 1961, notwithstanding such funding designation: Provided further, That
the authority of the previous proviso shall be subject to
prior consultation with, and the regular notification procedures of, the Committees on Appropriations.
(C) Of the funds appropriated under title III of this
Act for assistance for basic education programs, not less
than $75,000,000 shall be made available for a contribution
to multilateral partnerships that support education.
(2) HIGHER EDUCATION.—Of the funds appropriated by title
III of this Act, not less than $235,000,000 shall be made available for assistance for higher education, including not less
than $35,000,000 for new and ongoing partnerships for human
and institutional capacity building between higher education
institutions in the United States and developing countries:
Provided, That such funds may be made available notwithstanding any other provision of law that restricts assistance
to foreign countries, and shall be subject to the regular notification procedures of the Committees on Appropriations.
(b) DEVELOPMENT PROGRAMS.—Of the funds appropriated by
this Act under the heading ‘‘Development Assistance’’, not less
than $26,000,000 shall be made available for the American Schools
and Hospitals Abroad program, and not less than $12,000,000 shall
be made available for cooperative development programs of USAID.
(c) ENVIRONMENT PROGRAMS.—
(1) AUTHORITY AND NOTIFICATION REQUIREMENT.—
(A) Funds appropriated by this Act to carry out the
provisions of sections 103 through 106, and chapter 4 of
part II, of the Foreign Assistance Act of 1961 may be
used, notwithstanding any other provision of law, except
for the provisions of this subsection, to support environment
programs.
(B) No funds are appropriated or otherwise made available by this Act for a contribution, grant, or other payment
to the Green Climate Fund.
(C) Funds made available pursuant to this subsection
shall be subject to the regular notification procedures of
the Committees on Appropriations.
(2) CONSERVATION PROGRAMS AND LIMITATIONS.—
(A) Of the funds appropriated under title III of this
Act, not less than $265,000,000 shall be made available
for biodiversity conservation programs.
(B) Not less than $90,664,000 of the funds appropriated
under titles III and IV of this Act shall be made available
to combat the transnational threat of wildlife poaching
and trafficking.
(C) None of the funds appropriated under title IV of
this Act may be made available for training or other assistance for any military unit or personnel that the Secretary
of State determines has been credibly alleged to have
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131 STAT. 701
participated in wildlife poaching or trafficking, unless the
Secretary reports to the Committees on Appropriations that
to do so is in the national security interest of the United
States.
(D) Funds appropriated by this Act for biodiversity
programs shall not be used to support the expansion of
industrial scale logging or any other industrial scale extractive activity into areas that were primary/intact tropical
forests as of December 30, 2013, and the Secretary of
the Treasury shall instruct the United States executive
directors of each international financial institutions (IFI)
to vote against any financing of any such activity.
(3) LARGE DAMS.—The Secretary of the Treasury shall
instruct the United States executive director of each IFI that
it is the policy of the United States to vote in relation to
any loan, grant, strategy, or policy of such institution to support
the construction of any large dam consistent with the criteria
set forth in Senate Report 114–79, while also considering
whether the project involves important foreign policy objectives.
(4) SUSTAINABLE LANDSCAPES.—Of the funds appropriated
under title III of this Act, not less than $123,500,000 shall
be made available for sustainable landscapes programs.
(d) FOOD SECURITY AND AGRICULTURAL DEVELOPMENT.—Of the
funds appropriated by title III of this Act, not less than
$1,000,600,000 should be made available for food security and agricultural development programs, of which not less than $50,000,000
shall be made available for the Feed the Future Innovation Labs:
Provided, That such funds may be made available for a United
States contribution to the endowment of the Global Crop Diversity
Trust.
(e) MICROENTERPRISE AND MICROFINANCE.—Of the funds appropriated by this Act, not less than $265,000,000 should be made
available for microenterprise and microfinance development programs for the poor, especially women.
(f) PROGRAMS TO COMBAT TRAFFICKING IN PERSONS AND
MODERN SLAVERY.—
(1) TRAFFICKING IN PERSONS.—Of the funds appropriated
by this Act under the headings ‘‘Development Assistance’’, ‘‘Economic Support Fund’’, ‘‘Assistance for Europe, Eurasia and
Central Asia’’, and ‘‘International Narcotics Control and Law
Enforcement’’, not less than $64,800,000 shall be made available for activities to combat trafficking in persons internationally, of which not less than $40,000,000 shall be from funds
made available under the heading ‘‘International Narcotics Control and Law Enforcement’’: Provided, That funds made available pursuant to this paragraph shall be made available to
support a multifaceted approach to combat human trafficking
in Guatemala: Provided further, That not later than 120 days
after enactment of this Act, the Secretary of State shall submit
a report to the Committees on Appropriations on the requirements enumerated under this section in House Report 114–
693.
(2) MODERN SLAVERY.—Funds appropriated by this Act
under the heading ‘‘International Narcotics Control and Law
Enforcement’’ shall be made available for the purposes authorized by section 1298 of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114–328): Provided, That
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Reports.
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PUBLIC LAW 115–31—MAY 5, 2017
such funds are in addition to funds made available pursuant
to paragraph (1), and shall be made available on an open
and competitive basis: Provided further, That funds made available pursuant to this paragraph shall be made available subject
to the regular notification procedures of the Committees on
Appropriations.
(3) COORDINATION.—The Secretary of State and the USAID
Administrator, as appropriate, shall establish and implement
guidelines to ensure that programs funded by paragraphs (1)
and (2) to combat trafficking in persons and modern slavery
are coordinated and complementary, and not duplicative.
(g) RECONCILIATION PROGRAMS.—Of the funds appropriated by
this Act under the headings ‘‘Economic Support Fund’’, ‘‘Assistance
for Europe, Eurasia and Central Asia’’, and ‘‘Development Assistance’’, not less than $26,000,000 shall be made available to support
people-to-people reconciliation programs which bring together
individuals of different ethnic, religious, and political backgrounds
from areas of civil strife and war: Provided, That the USAID
Administrator shall consult with the Committees on Appropriations,
prior to the initial obligation of funds, on the uses of such funds,
and such funds shall be subject to the regular notification procedures of the Committees on Appropriations: Provided further, That
to the maximum extent practicable, such funds shall be matched
by sources other than the United States Government.
(h) WATER AND SANITATION.—Of the funds appropriated by
this Act, not less than $400,000,000 shall be made available for
water supply and sanitation projects pursuant to the Senator Paul
Simon Water for the Poor Act of 2005 (Public Law 109–121), of
which not less than $145,000,000 shall be for programs in subSaharan Africa, and of which not less than $14,000,000 shall be
made available for programs to design and build safe, public latrines
in Africa and Asia.
Notification.
Guidelines.
Consultation.
Notification.
OVERSEAS PRIVATE INVESTMENT CORPORATION
President.
Determination.
Notification.
22 USC 2194
note.
SEC. 7061. (a) TRANSFER OF FUNDS.—Whenever the President
determines that it is in furtherance of the purposes of the Foreign
Assistance Act of 1961, up to a total of $20,000,000 of the funds
appropriated under title III of this Act may be transferred to,
and merged with, funds appropriated by this Act for the Overseas
Private Investment Corporation Program Account, to be subject
to the terms and conditions of that account: Provided, That such
funds shall not be available for administrative expenses of the
Overseas Private Investment Corporation: Provided further, That
designated funding levels in this Act shall not be transferred pursuant to this section: Provided further, That the exercise of such
authority shall be subject to the regular notification procedures
of the Committees on Appropriations.
(b) AUTHORITY.—Notwithstanding section 235(a)(2) of the Foreign Assistance Act of 1961, the authority of subsections (a) through
(c) of section 234 of such Act shall remain in effect until September
30, 2017.
ARMS TRADE TREATY
SEC. 7062. None of the funds appropriated by this Act may
be obligated or expended to implement the Arms Trade Treaty
until the Senate approves a resolution of ratification for the Treaty.
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131 STAT. 703
INSPECTORS GENERAL
SEC. 7063. (a) PROHIBITION ON USE OF FUNDS.—None of the
funds appropriated by this Act may be used to deny an Inspector
General funded under this Act timely access to any records, documents, or other materials available to the department or agency
of the United States Government over which such Inspector General
has responsibilities under the Inspector General Act of 1978 (5
U.S.C. App.), or to prevent or impede the access of such Inspector
General to such records, documents, or other materials, under any
provision of law, except a provision of law that expressly refers
to such Inspector General and expressly limits the right of access
of such Inspector General.
(b) TIMELY ACCESS.—A department or agency of the United
States Government covered by this section shall provide its
Inspector General access to all records, documents, and other materials in a timely manner.
(c) COMPLIANCE.—Each Inspector General covered by this section shall ensure compliance with statutory limitations on disclosure
relevant to the information provided by the department or agency
over which that Inspector General has responsibilities under the
Inspector General Act of 1978 (5 U.S.C. App.).
(d) REPORT REQUIREMENT.—Each Inspector General covered
by this section shall report to the Committees on Appropriations
within 5 calendar days of any failure by any department or agency
of the United States Government to provide its Inspector General
access to all requested records, documents, and other materials.
REPORTING REQUIREMENTS CONCERNING INDIVIDUALS DETAINED AT
´ NAMO BAY, CUBA
NAVAL STATION, GUANTA
SEC. 7064. Not later than 5 days after the conclusion of an
agreement with a country, including a state with a compact of
free association with the United States, to receive by transfer or
release individuals detained at United States Naval Station,
Guanta´namo Bay, Cuba, the Secretary of State shall notify the
Committees on Appropriations in writing of the terms of the agreement, including whether funds appropriated by this Act or prior
Acts making appropriations for the Department of State, foreign
operations, and related programs will be made available for assistance for such country pursuant to such agreement.
Notification.
MULTI-YEAR PLEDGES
SEC. 7065. None of the funds appropriated by this Act may
be used to make any pledge for future year funding for any multilateral or bilateral program funded in titles III through VI of this
Act unless such pledge was—
(1) previously justified, including the projected future year
costs, in a congressional budget justification;
(2) included in an Act making appropriations for the
Department of State, foreign operations, and related programs
or previously authorized by an Act of Congress;
(3) notified in accordance with the regular notification
procedures of the Committees on Appropriations, including the
projected future year costs; or
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PUBLIC LAW 115–31—MAY 5, 2017
(4) the subject of prior consultation with the Committees
on Appropriations and such consultation was conducted at least
7 days in advance of the pledge.
Consultation.
Time period.
PROHIBITION ON USE OF TORTURE
SEC. 7066. (a) LIMITATION.—None of the funds made available
in this Act may be used to support or justify the use of torture,
cruel, or inhumane treatment by any official or contract employee
of the United States Government.
(b) ASSISTANCE TO ELIMINATE TORTURE.—Funds appropriated
under titles III and IV of this Act shall be made available, notwithstanding section 660 of the Foreign Assistance Act of 1961 and
following consultation with the Committees on Appropriations, for
assistance to eliminate torture by foreign police, military or other
security forces in countries receiving assistance from funds appropriated by this Act.
Consultation.
EXTRADITION
SEC. 7067. (a) LIMITATION.—None of the funds appropriated
in this Act may be used to provide assistance (other than funds
provided under the headings ‘‘International Disaster Assistance’’,
‘‘Complex Crises Fund’’, ‘‘International Narcotics Control and Law
Enforcement’’, ‘‘Migration and Refugee Assistance’’, ‘‘United States
Emergency Refugee and Migration Assistance Fund’’, and ‘‘Nonproliferation, Anti-terrorism, Demining and Related Assistance’’)
for the central government of a country which has notified the
Department of State of its refusal to extradite to the United States
any individual indicted for a criminal offense for which the maximum penalty is life imprisonment without the possibility of parole
or for killing a law enforcement officer, as specified in a United
States extradition request.
(b) CLARIFICATION.—Subsection (a) shall only apply to the central government of a country with which the United States maintains diplomatic relations and with which the United States has
an extradition treaty and the government of that country is in
violation of the terms and conditions of the treaty.
(c) WAIVER.—The Secretary of State may waive the restriction
in subsection (a) on a case-by-case basis if the Secretary certifies
to the Committees on Appropriations that such waiver is important
to the national interests of the United States.
Applicability.
Certification.
COMMERCIAL LEASING OF DEFENSE ARTICLES
Notification.
President.
Determination.
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SEC. 7068. Notwithstanding any other provision of law, and
subject to the regular notification procedures of the Committees
on Appropriations, the authority of section 23(a) of the Arms Export
Control Act may be used to provide financing to Israel, Egypt,
and the North Atlantic Treaty Organization (NATO), and major
non-NATO allies for the procurement by leasing (including leasing
with an option to purchase) of defense articles from United States
commercial suppliers, not including Major Defense Equipment
(other than helicopters and other types of aircraft having possible
civilian application), if the President determines that there are
compelling foreign policy or national security reasons for those
defense articles being provided by commercial lease rather than
by government-to-government sale under such Act.
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131 STAT. 705
COUNTRY TRANSITION PLAN
SEC. 7069. Any bilateral country assistance strategy developed
after the date of enactment of this Act for the provision of assistance
for a foreign country in this fiscal year shall include a transition
plan identifying end goals and options for winding down, within
a targeted period of years, such bilateral assistance: Provided, That
such transition plan shall be developed by the Secretary of State,
in consultation with the Administrator of the United States Agency
for International Development, the heads of other relevant Federal
agencies, and officials of such foreign government and representatives of civil society, as appropriate.
Consultation.
COUNTERING RUSSIAN INFLUENCE AND AGGRESSION
SEC. 7070. (a) LIMITATION.—None of the funds appropriated
by this Act may be made available for assistance for the central
Government of the Russian Federation.
(b) ANNEXATION OF CRIMEA.—
(1) None of the funds appropriated by this Act may be
made available for assistance for the central government of
a country that the Secretary of State determines and reports
to the Committees on Appropriations has taken affirmative
steps intended to support or be supportive of the Russian
Federation annexation of Crimea: Provided, That except as
otherwise provided in subsection (a), the Secretary may waive
the restriction on assistance required by this paragraph if the
Secretary determines and reports to such Committees that
to do so is in the national interest of the United States, and
includes a justification for such interest.
(2) None of the funds appropriated by this Act may be
made available for—
(A) the implementation of any action or policy that
recognizes the sovereignty of the Russian Federation over
Crimea;
(B) the facilitation, financing, or guarantee of United
States Government investments in Crimea, if such activity
includes the participation of Russian Government officials,
or other Russian owned or controlled financial entities;
or
(C) assistance for Crimea, if such assistance includes
the participation of Russian Government officials, or other
Russian owned or controlled financial entities.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial institution to vote against any assistance by such institution (including
any loan, credit, or guarantee) for any program that violates
the sovereignty or territorial integrity of Ukraine.
(4) The requirements and limitations of this subsection
shall cease to be in effect if the Secretary of State determines
and reports to the Committees on Appropriations that the
Government of Ukraine has reestablished sovereignty over
Crimea.
(c) OCCUPATION OF THE GEORGIAN TERRITORIES OF ABKHAZIA
AND TSKHINVALI REGION/SOUTH OSSETIA.—
(1) None of the funds appropriated by this Act may be
made available for assistance for the central government of
a country that the Secretary of State determines and reports
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Determinations.
Reports.
Waiver authority.
Determination.
Reports.
Determination.
Reports.
Determination.
Reports.
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Web posting.
Lists.
Waiver authority.
Deadline.
Reports.
Deadline.
Consultation.
Plan.
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PUBLIC LAW 115–31—MAY 5, 2017
to the Committees on Appropriations has recognized the
independence of, or has established diplomatic relations with,
the Russian occupied Georgian territories of Abkhazia and
Tskhinvali Region/South Ossetia: Provided, That the Secretary
shall publish on the Department of State Web site a list of
any such central governments in a timely manner: Provided
further, That the Secretary may waive the restriction on assistance required by this paragraph if the Secretary determines
and reports to the Committees on Appropriations that to do
so is in the national interest of the United States, and includes
a justification for such interest.
(2) None of the funds appropriated by this Act may be
made available to support the Russian occupation of the Georgian territories of Abkhazia and Tskhinvali Region/South
Ossetia.
(3) The Secretary of the Treasury shall instruct the United
States executive directors of each international financial institution to vote against any assistance by such institution (including
any loan, credit, or guarantee) for any program that violates
the sovereignty and territorial integrity of Georgia.
(4) Not later than 90 days after enactment of this Act,
the Secretary of State shall submit to the appropriate congressional committees a report on actions taken by the Russian
Federation to further consolidate the occupation of the Georgian
territories of Abkhazia and Tskhinvali Region/South Ossetia,
including the estimated annual costs of such occupation.
(d) ASSISTANCE TO COUNTER INFLUENCE AND AGGRESSION.—
(1) Of the funds appropriated by this Act under the
headings ‘‘Assistance for Europe, Eurasia and Central Asia’’,
‘‘International Narcotics Control and Law Enforcement’’, and
‘‘Foreign Military Financing Program’’, not less than
$100,000,000 shall be made available for assistance to counter
Russian influence and aggression in countries in Europe and
Eurasia: Provided, That such funds shall be referred to as
the Countering Russian Influence Fund (the Fund), and be
made available to civil society organizations and other entities
in such countries for rule of law, media, cyber, and other
programs that strengthen democratic institutions and processes, and counter Russian influence and aggression: Provided
further, That not later than 45 days after enactment of this
Act, the Secretary of State, in consultation with the USAID
Administrator, shall submit a spend plan to the Committees
on Appropriations detailing the proposed uses of the Fund
on a country-by-country basis: Provided further, That such
funds shall be in addition to amounts made available for
bilateral assistance for such countries.
(2) Funds appropriated by this Act and made available
for assistance for the Eastern Partnership countries shall be
made available to advance the implementation of Association
Agreements and trade agreements with the European Union,
and to reduce their vulnerability to external economic and
political pressure from the Russian Federation.
(e) DEMOCRACY PROGRAMS.—Funds appropriated by this Act
shall be made available to support democracy programs in the
Russian Federation, including to promote Internet freedom, and
shall also be made available to support the democracy and rule
of law strategy required by section 7071(d) of the Department
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131 STAT. 707
of State, Foreign Operations, and Related Programs Appropriations
Act, 2014 (division K of Public Law 113–76).
(f) REPORTS.—Not later than 45 days after enactment of this
Act, the Secretary of State shall update the reports required by
section 7071(b)(2), (c), and (e) of the Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2014 (division K of Public Law 113–76).
INTERNATIONAL MONETARY FUND
SEC. 7071. (a) EXTENSIONS.—The terms and conditions of sections 7086(b) (1) and (2) and 7090(a) of the Department of State,
Foreign Operations, and Related Programs Appropriations Act, 2010
(division F of Public Law 111–117) shall apply to this Act.
(b) REPAYMENT.—The Secretary of the Treasury shall instruct
the United States Executive Director of the International Monetary
Fund (IMF) to seek to ensure that any loan will be repaid to
the IMF before other private creditors.
Applicability.
SPECIAL DEFENSE ACQUISITION FUND
SEC. 7072. Not to exceed $900,000,000 may be obligated pursuant to section 51(c)(2) of the Arms Export Control Act for the
purposes of the Special Defense Acquisition Fund (the Fund), to
remain available for obligation until September 30, 2019: Provided,
That the provision of defense articles and defense services to foreign
countries or international organizations from the Fund shall be
subject to the concurrence of the Secretary of State.
STABILITY AND DEVELOPMENT IN REGIONS IMPACTED BY EXTREMISM
AND CONFLICT
SEC. 7073. (a) COUNTERING FOREIGN FIGHTERS AND EXTREMIST
ORGANIZATIONS, AND STRENGTHENING THE STATE SYSTEM.—
(1) Not later than 30 days after enactment of this Act
and prior to the initial obligation of funds made available
by this Act for the purposes of this subsection, the Secretary
of State, in consultation with the Administrator of the United
States Agency for International Development and the heads
of relevant United States Government agencies, shall submit
to the appropriate congressional committees a joint strategy
to counter and defeat violent extremism and foreign fighters
abroad, which shall include components to—
(A) counter the recruitment, radicalization, movement,
and financing of such extremists and foreign fighters;
(B) secure borders of countries impacted by extremism;
(C) assist countries impacted by extremism to implement and establish criminal laws and policies to counter
extremists and foreign fighters; and
(D) promote and strengthen democratic institutions
and practices in countries impacted by extremism:
Provided, That such strategy shall include a detailed description
of proposed monitoring, oversight, and vetting procedures.
(2) Funds appropriated under titles III and IV of this
Act shall be made available for programs and activities to
implement the strategy required in paragraph (1) in a manner
consistent with all applicable laws, regulations, and policies
regarding the use of foreign assistance funds: Provided, That
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Consultation.
Strategy.
Notification.
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Coordination.
Notification.
Notification.
PUBLIC LAW 115–31—MAY 5, 2017
the Secretary of State shall promptly inform the appropriate
congressional committees of each instance in which assistance
provided pursuant to this subsection has been diverted or
destroyed, to include the type and amount of assistance, a
description of the incident and parties involved, and an explanation of the response of the Department of State or USAID,
as appropriate: Provided further, That the Secretary of State
shall ensure such programs are coordinated with and complement the efforts of other United States Government agencies
and international partners: Provided further, That the Secretary shall also ensure that information gained through the
conduct of such programs is shared in a timely manner with
relevant United States Government agencies and other international partners, as appropriate.
(3) Funds made available pursuant to this subsection are
subject to the regular notification procedures of the Committees
on Appropriations.
(b) COUNTRIES IMPACTED BY SIGNIFICANT REFUGEE POPULATIONS OR INTERNALLY DISPLACED PERSONS.—Funds appropriated
by this Act under the headings ‘‘Development Assistance’’ and ‘‘Economic Support Fund’’ shall be made available for programs in
countries affected by significant populations of internally displaced
persons or refugees to—
(1) expand and improve host government social services
and basic infrastructure to accommodate the needs of such
populations and persons;
(2) alleviate the social and economic strains placed on
host communities, including through programs to promote livelihoods, vocational training, and formal and informal education;
(3) improve coordination of such assistance in a more effective and sustainable manner; and
(4) leverage increased assistance from donors other than
the United States Government for central governments and
local communities in such countries:
Provided, That the Secretary of State shall periodically inform
the Committees on Appropriations of the amount and specific uses
of funds made available for the purposes of this subsection.
ENTERPRISE FUNDS
Time period.
President.
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SEC. 7074. (a) NOTIFICATION REQUIREMENT.—None of the funds
made available under titles III through VI of this Act may be
made available for Enterprise Funds unless the appropriate congressional committees are notified at least 15 days in advance.
(b) DISTRIBUTION OF ASSETS PLAN.—Prior to the distribution
of any assets resulting from any liquidation, dissolution, or winding
up of an Enterprise Fund, in whole or in part, the President
shall submit to the appropriate congressional committees a plan
for the distribution of the assets of the Enterprise Fund.
(c) TRANSITION OR OPERATING PLAN.—Prior to a transition to
and operation of any private equity fund or other parallel investment fund under an existing Enterprise Fund, the President shall
submit such transition or operating plan to the appropriate congressional committees.
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131 STAT. 709
USE OF FUNDS IN CONTRAVENTION OF THIS ACT
SEC. 7075. If the President makes a determination not to
comply with any provision of this Act on constitutional grounds,
the head of the relevant Federal agency shall notify the Committees
on Appropriations in writing within 5 days of such determination,
the basis for such determination and any resulting changes to
program and policy.
President.
Determination.
Notification.
Deadline.
BUDGET DOCUMENTS
SEC. 7076. (a) OPERATING AND REORGANIZATION PLANS.—
(1) Not later than 45 days after the date of enactment
of this Act, each department, agency, or organization funded
in titles I, II, and VI of this Act, and the Department of
the Treasury and Independent Agencies funded in title III
of this Act, including the Inter-American Foundation and the
United States African Development Foundation, shall submit
to the Committees on Appropriations an operating plan for
funds appropriated to such department, agency, or organization
in such titles of this Act, or funds otherwise available for
obligation in fiscal year 2017, that provides details of the uses
of such funds at the program, project, and activity level: Provided, That such plans shall include, as applicable, a comparison between the congressional budget justification funding
levels, the most recent congressional directives or approved
funding levels, and the funding levels proposed by the department or agency; and a clear, concise, and informative description/justification: Provided further, That if such department,
agency, or organization receives an additional amount under
the same heading in title VIII of this Act, operating plans
required by this subsection shall include consolidated information on all such funds: Provided further, That operating plans
that include changes in levels of funding for programs, projects,
and activities specified in the congressional budget justification,
in this Act, or amounts specifically designated in the respective
tables included in the explanatory statement described in section 4 (in the matter preceding division A of this Consolidated
Act), as applicable, shall be subject to the notification and
reprogramming requirements of section 7015 of this Act.
(2) Concurrent with the submission of an operating plan
pursuant to paragraph (1), each covered department, agency,
or organization shall submit to the Committees on Appropriations a report detailing any planned reorganization of such
department, agency, or organization, including any action
planned pursuant to the March 31, 2017 Executive Order 13781
on a Comprehensive Plan for Reorganizing the Executive
Branch, including—
(A) a detailed organization chart, including a brief
description of each operating unit;
(B) the number of employees for each operating unit;
(C) the current policy for supporting the operations
of the National Security Council (NSC) through the detail
of agency staff, including staff projected to be detailed
to the NSC during fiscal year 2018, if applicable; and
(D) a detailed explanation of the policies and procedures currently or expected to be used to comply with
Executive Order 13781, including an assessment of how
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Notification.
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national security interests will be served by any proposed
reorganizations.
(b) SPEND PLANS.—
(1) Prior to the initial obligation of funds, the Secretary
of State or Administrator of the United States Agency for
International Development, as appropriate, shall submit to the
Committees on Appropriations a spend plan for funds made
available by this Act, for—
(A) assistance for Afghanistan, Iraq, Lebanon, Pakistan, and the West Bank and Gaza;
(B) Power Africa and the regional security initiatives
listed under this section in House Report 114–693: Provided, That the spend plan for such initiatives shall include
the amount of assistance planned for each country by
account, to the maximum extent practicable; and
(C) democracy programs, programs to support section
7073(a) of this Act, and sectors enumerated in subsections
(a), (c)(2), (d), (e), (f), (g), and (h) of section 7060 of this
Act.
(2) Not later than 45 days after enactment of this Act,
the Secretary of the Treasury shall submit to the Committees
on Appropriations a detailed spend plan for funds made available by this Act under the heading ‘‘Department of the
Treasury, International Affairs Technical Assistance’’ in title
III.
(c) SPENDING REPORT.—Not later than 45 days after enactment
of this Act, the USAID Administrator shall submit to the Committees on Appropriations a detailed report on spending of funds made
available during fiscal year 2016 under the heading ‘‘Development
Credit Authority’’.
(d) NOTIFICATIONS.—The spend plans referenced in subsection
(b) shall not be considered as meeting the notification requirements
in this Act or under section 634A of the Foreign Assistance Act
of 1961.
(e) CONGRESSIONAL BUDGET JUSTIFICATION.—
(1) The congressional budget justification for Department
of State operations and foreign operations shall be provided
to the Committees on Appropriations concurrent with the date
of submission of the President’s budget for fiscal year 2018:
Provided, That the appendices for such justification shall be
provided to the Committees on Appropriations not later than
10 calendar days thereafter.
(2) The Secretary of State and the USAID Administrator
shall include in the congressional budget justification a detailed
justification for multi-year availability for any funds requested
under the headings ‘‘Diplomatic and Consular Programs’’ and
‘‘Operating Expenses’’.
Deadline.
Deadline.
REPORTS AND RECORDS MANAGEMENT
Public
information.
Web posting.
Determination.
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SEC. 7077. (a) PUBLIC POSTING OF REPORTS.—
(1) REQUIREMENT.—Any agency receiving funds made available by this Act shall, subject to paragraphs (2) and (3), post
on the publicly available Web site of such agency any report
required by this Act to be submitted to the Committees on
Appropriations, upon a determination by the head of such
agency that to do so is in the national interest.
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131 STAT. 711
(2) EXCEPTIONS.—Paragraph (1) shall not apply to a report
if—
(A) the public posting of such report would compromise
national security, including the conduct of diplomacy; or
(B) the report contains proprietary, privileged, or sensitive information.
(3) TIMING AND INTENTION.—The head of the agency posting
such report shall, unless otherwise provided for in this Act,
do so only after such report has been made available to the
Committees on Appropriations for not less than 45 days: Provided, That any report required by this Act to be submitted
to the Committees on Appropriations shall include information
from the submitting agency on whether such report will be
publicly posted.
(b) REQUESTS FOR DOCUMENTS.—None of the funds appropriated or made available pursuant to titles III through VI of
this Act shall be available to a nongovernmental organization,
including any contractor, which fails to provide upon timely request
any document, file, or record necessary to the auditing requirements
of the Department of State and the United States Agency for
International Development.
(c) RECORDS MANAGEMENT.—
(1) LIMITATION.—None of the funds appropriated by this
Act under the headings ‘‘Diplomatic and Consular Programs’’
and ‘‘Capital Investment Fund’’ in title I, and ‘‘Operating
Expenses’’ and ‘‘Capital Investment Fund’’ in title II that are
made available to the Department of State and USAID may
be made available to support the use or establishment of email
accounts or email servers created outside the .gov domain or
not fitted for automated records management as part of a
Federal government records management program in contravention of the Presidential and Federal Records Act Amendments of 2014 (Public Law 113–187).
(2) DIRECTIVES.—The Secretary of State and USAID
Administrator shall—
(A) update the policies, directives, and oversight necessary to comply with Federal statutes, regulations, and
presidential executive orders and memoranda concerning
the preservation of all records made or received in the
conduct of official business, including record emails, instant
messaging, and other online tools;
(B) use funds appropriated by this Act under the
headings ‘‘Diplomatic and Consular Programs’’ and ‘‘Capital
Investment Fund’’ in title I, and ‘‘Operating Expenses’’
and ‘‘Capital Investment Fund’’ in title II, as appropriate,
to improve Federal records management pursuant to the
Federal Records Act (44 U.S.C. Chapters 21, 29, 31, and
33) and other applicable Federal records management statutes, regulations, or policies for the Department of State
and USAID;
(C) direct departing employees that all Federal records
generated by such employees, including senior officials,
belong to the Federal Government; and
(D) significantly improve the response time for identifying and retrieving Federal records, including requests
made pursuant to the Freedom of Information Act.
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(3) REPORT.—Not later than 45 days after enactment of
this Act, the Secretary of State and USAID Administrator
shall each submit a report to the Committees on Appropriations
and to the National Archives and Records Administration
detailing, as appropriate and where applicable—
(A) any updates or modifications made to the policy
of each agency regarding the use or the establishment
of email accounts or email servers created outside the
.gov domain or not fitted for automated records management as part of a Federal government records management
program since the submission to the Committees on Appropriations on January 20, 2016, of the report required by
section 7077(c)(2) of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2016
(division K of Public Law 114–113);
(B) the extent to which each agency is in compliance
with applicable Federal records management statutes,
regulations, and policies, including meeting Directive goal
1.2 of the Managing Government Records Directive (M–
12–18) by December 31, 2016; and
(C) any steps taken since the submission of the report
referenced in subparagraph (A) to—
(i) comply with paragraph (1)(B) of this subsection;
(ii) ensure that all employees at every level have
been instructed in procedures and processes to ensure
that the documentation of their official duties is captured, preserved, managed, protected, and accessible
in official Government systems of the Department of
State and USAID;
(iii) implement recommendations 1 and 4 made
by the Office of the Inspector General (OIG), Department of State, in the January 2016 Evaluation of the
Department of State’s FOIA Process for Requests
Involving the Office of the Secretary (ESP-16-01);
(iv) reduce the backlog of Freedom of Information
Act (FOIA) and Congressional oversight requests, and
measurably improve the response time for answering
such requests; and
(v) strengthen cyber security measures to mitigate
vulnerabilities, including those resulting from the use
of personal email accounts or servers outside the .gov
domain and implement the recommendations of the
OIG in the May 2016 Evaluation of Email Records
Management and Cybersecurity Requirements (ESP–
16–03).
(4) IMPLEMENTATION AND OPERATING PLAN.—The reports
required by paragraph (3) shall be submitted by the Secretary
of State or USAID Administrator simultaneously with the operating plans required by section 7076 of this Act for funds
appropriated under the headings listed in paragraph (1), and
shall include an operating plan and timeline, as applicable,
for—
(A) implementing the recommendations of the OIG
reports referenced in clauses (iii) and (v); and
(B) measurably reducing the FOIA and Congressional
oversight requests backlog.
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131 STAT. 713
(5) REPORT ASSESSMENT.—Not later than 180 days after
the submission of the reports required by paragraph (3), the
Comptroller General of the United States, in consultation with
National Archives and Records Administration, as appropriate,
shall conduct an assessment of such reports, and shall consult
with the Committees on Appropriations on the scope and
requirements of such assessment.
Consultation.
GLOBAL INTERNET FREEDOM
SEC. 7078. (a) FUNDING.—Of the funds available for obligation
during fiscal year 2017 under the headings ‘‘International Broadcasting Operations’’, ‘‘Economic Support Fund’’, ‘‘Democracy Fund’’,
and ‘‘Assistance for Europe, Eurasia and Central Asia’’, not less
than $50,500,000 shall be made available for programs to promote
Internet freedom globally: Provided, That such programs shall be
prioritized for countries whose governments restrict freedom of
expression on the Internet, and that are important to the national
interests of the United States: Provided further, That funds made
available pursuant to this section shall be matched, to the maximum
extent practicable, by sources other than the United States Government, including from the private sector.
(b) REQUIREMENTS.—
(1) Funds appropriated by this Act under the headings
‘‘Economic Support Fund’’, ‘‘Democracy Fund’’, and ‘‘Assistance
for Europe, Eurasia and Central Asia’’ that are made available
pursuant to subsection (a) shall be—
(A) coordinated with other democracy programs funded
by this Act under such headings, and shall be incorporated
into country assistance and democracy promotion strategies, as appropriate;
(B) made available to the Bureau of Democracy,
Human Rights, and Labor, Department of State, for programs to implement the May 2011, International Strategy
for Cyberspace; the Department of State International
Cyberspace Policy Strategy required by section 402 of the
Cybersecurity Act of 2015 (division N of Public Law 114–
113); and the comprehensive strategy to promote Internet
freedom and access to information in Iran, as required
by section 414 of the Iran Threat Reduction and Syria
Human Rights Act of 2012 (22 U.S.C. 8754);
(C) made available for programs that support the
efforts of civil society to counter the development of repressive Internet-related laws and regulations, including countering threats to Internet freedom at international
organizations; to combat violence against bloggers and
other users; and to enhance digital security training and
capacity building for democracy activists;
(D) made available for research of key threats to Internet freedom; the continued development of technologies
that provide or enhance access to the Internet, including
circumvention tools that bypass Internet blocking, filtering,
and other censorship techniques used by authoritarian
governments; and maintenance of the technological advantage of the United States Government over such censorship
techniques: Provided, That the Secretary of State, in consultation with the Chief Executive Officer (CEO) of the
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Consultation.
Coordination.
Assessment.
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Consultation.
Evaluation.
Deadline.
Consultation.
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PUBLIC LAW 115–31—MAY 5, 2017
Broadcasting Board of Governors (BBG), shall coordinate
any such research and development programs with other
relevant United States Government departments and agencies in order to share information, technologies, and best
practices, and to assess the effectiveness of such technologies; and
(E) the responsibility of the Assistant Secretary for
Democracy, Human Rights, and Labor, Department of
State.
(2) Funds appropriated by this Act under the heading
‘‘International Broadcasting Operations’’ that are made available pursuant to subsection (a) shall be—
(A) made available only for tools and techniques to
securely develop and distribute BBG digital content; facilitate audience access to such content on Web sites that
are censored; coordinate the distribution of BBG digital
content to targeted regional audiences; and to promote
and distribute such tools and techniques, including digital
security techniques;
(B) coordinated with programs funded by this Act
under the heading ‘‘International Broadcasting Operations’’, and shall be incorporated into country broadcasting
strategies, as appropriate;
(C) coordinated by the BBG CEO to provide Internet
circumvention tools and techniques for audiences in countries that are strategic priorities for the BBG and in a
manner consistent with the BBG Internet freedom strategy;
and
(D) made available for the research and development
of new tools or techniques authorized in paragraph (A)
only after the BBG CEO, in consultation with the Secretary
of State and other relevant United States Government
departments and agencies, evaluates the risks and benefits
of such new tools or techniques, and establishes safeguards
to minimize the use of such new tools or techniques for
illicit purposes.
(c) COORDINATION AND SPEND PLANS.—After consultation
among the relevant agency heads to coordinate and de-conflict
planned activities, but not later than 90 days after enactment
of this Act, the Secretary of State and the BBG CEO shall submit
to the Committees on Appropriations spend plans for funds made
available by this Act for programs to promote Internet freedom
globally, which shall include a description of safeguards established
by relevant agencies to ensure that such programs are not used
for illicit purposes: Provided, That the Department of State spend
plan shall include funding for all such programs for all relevant
Department of State and USAID offices and bureaus: Provided
further, That prior to the obligation of such funds, such offices
and bureaus shall consult with the Assistant Secretary for Democracy, Human Rights, and Labor, Department of State, to ensure
that such programs support the Department of State Internet
freedom strategy.
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131 STAT. 715
IMPACT ON JOBS IN THE UNITED STATES
SEC. 7079. None of the funds appropriated or otherwise made
available under titles III through VI of this Act may be obligated
or expended to provide—
(1) any financial incentive to a business enterprise currently located in the United States for the purpose of inducing
such an enterprise to relocate outside the United States if
such incentive or inducement is likely to reduce the number
of employees of such business enterprise in the United States
because United States production is being replaced by such
enterprise outside the United States;
(2) assistance for any program, project, or activity that
contributes to the violation of internationally recognized
workers’ rights, as defined in section 507(4) of the Trade Act
of 1974, of workers in the recipient country, including any
designated zone or area in that country: Provided, That the
application of section 507(4)(D) and (E) of such Act should
be commensurate with the level of development of the recipient
country and sector, and shall not preclude assistance for the
informal sector in such country, micro and small-scale enterprise, and smallholder agriculture;
(3) any assistance to an entity outside the United States
if such assistance is for the purpose of directly relocating or
transferring jobs from the United States to other countries
and adversely impacts the labor force in the United States;
or
(4) for the enforcement of any rule, regulation, policy, or
guidelines implemented pursuant to—
(A) the third proviso of subsection 7079(b) of the
Consolidated Appropriations Act, 2010;
(B) the modification proposed by the Overseas Private
Investment Corporation in November 2013 to the Corporation’s Environmental and Social Policy Statement relating
to coal; or
(C) the Supplemental Guidelines for High Carbon
Intensity Projects approved by the Export-Import Bank
of the United States on December 12, 2013,
when enforcement of such rule, regulation, policy, or guidelines
would prohibit, or have the effect of prohibiting, any coalfired or other power-generation project the purpose of which
is to: (i) provide affordable electricity in International Development Association (IDA)-eligible countries and IDA-blend countries; and (ii) increase exports of goods and services from the
United States or prevent the loss of jobs from the United
States.
FRAGILE STATES AND EXTREMISM
SEC. 7080. (a) FUNDING.—Funds appropriated by this Act under
the heading ‘‘Economic Support Fund’’ that are made available
for assistance for Syria, Iraq, and Somalia shall be made available
to carry out the purposes of this section, subject to prior consultation
with, and the regular notification procedures of, the Committees
on Appropriations.
(b) COMPREHENSIVE PLAN.—Funds made available pursuant
to subsection (a) shall be transferred to, and merged with, funds
appropriated by this Act under the heading ‘‘United States Institute
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Notification.
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Consultation.
Consultation.
PUBLIC LAW 115–31—MAY 5, 2017
of Peace’’ for the purposes of developing a comprehensive plan
(the Plan) to prevent the underlying causes of extremism in fragile
states in the Sahel, Horn of Africa, and the Near East: Provided,
That such funds are in addition to amounts otherwise available
to the United States Institute of Peace (USIP) under title I of
this Act: Provided further, That USIP shall consult with the
Committees on Appropriations prior to developing such Plan: Provided further, That USIP shall also consult with relevant United
States Government agencies, foreign governments, and civil society,
as appropriate, in developing the Plan.
(c) DEMONSTRATION PROJECT.—Funds made available by subsection (a) shall be made available to implement the Plan required
by subsection (b) through a demonstration project, consistent with
the requirements described in section 7073(d)(2) of S. 3117 (as
introduced in the Senate on June 29, 2016): Provided, That such
funds shall be made available to the maximum extent practicable
on a cost-matching basis from sources other than the United States
Government.
CONSULAR AND BORDER SECURITY PROGRAMS
8 USC 1715.
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SEC. 7081. (a) SEPARATE FUND.—There is established in the
Treasury a separate fund to be known as the ‘‘Consular and Border
Security Programs’’ account into which the following fees shall
be deposited for the purposes of the consular and border security
programs.
(b) MACHINE-READABLE VISA FEE.—Section 103(d) of Public Law
107–173 (8 U.S.C. 1713) is amended by striking ‘‘credited as an
offsetting collection to any appropriation for the Department of
State’’ and inserting ‘‘deposited in the Consular and Border Security
Programs account’’.
(c) PASSPORT AND IMMIGRANT VISA SECURITY SURCHARGES.—
The fourth paragraph under the heading ‘‘Diplomatic and Consular
Programs’’ in title IV of division B of Public Law 108–447 (8
U.S.C. 1714) is amended by striking ‘‘credited to this account’’
and inserting ‘‘deposited in the Consular and Border Security Programs account’’.
(d) DIVERSITY IMMIGRANT LOTTERY FEE.—Section 636 of title
VI, division C of Public Law 104–208 (8 U.S.C. 1153 note) is
amended by striking ‘‘as an offsetting collection to any Department
of State appropriation’’ and inserting ‘‘in the Consular and Border
Security Programs account’’.
(e) AFFIDAVIT OF SUPPORT FEE.—Section 232(c) of title II of
division A of H.R. 3427 (106th Congress) (incorporated by reference
by section 1000(a)(7) of division B of Public Law 106–113, as
amended (8 U.S.C. 1183a note), is further amended by striking
‘‘as an offsetting collection to any Department of State appropriation’’ and inserting ‘‘in the Consular and Border Security Programs
account’’.
(f) WESTERN HEMISPHERE TRAVEL INITIATIVE SURCHARGE.—
Subsection (b)(1) of section 1 of the Passport Act of June 4, 1920
(22 U.S.C. 214(b)(1)) is amended by striking ‘‘as an offsetting collection to the appropriate Department of State appropriation’’ and
inserting ‘‘in the Consular and Border Security Programs account’’.
(g) EXPEDITED PASSPORT FEE.—The first proviso under the
heading ‘‘Diplomatic and Consular Programs’’ in title V of Public
Law 103–317 (22 U.S.C. 214 note) is amended by inserting ‘‘or
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131 STAT. 717
in the Consular and Border Security Programs account’’ after ‘‘offsetting collection’’.
(h) TRANSFER OF FUNDS.—
(1) The unobligated balances of amounts available from
fees referenced under this section may be transferred to the
Consular and Border Security Programs account.
(2) Funds deposited in or transferred to the Consular and
Border Security Programs account may be transferred between
funds appropriated under the heading ‘‘Administration of Foreign Affairs’’.
(3) The transfer authorities in this section shall be in
addition to any other transfer authority available to the Department of State.
(i) EFFECTIVE DATE.—The amendments made by this section
shall take effect no later than October 1, 2018, and shall be implemented in a manner that ensures the fees collected, transferred,
and used in fiscal year 2019 can be readily tracked.
UNITED NATIONS POPULATION FUND
SEC. 7082. (a) CONTRIBUTION.—Of the funds made available
under the heading ‘‘International Organizations and Programs’’ in
this Act for fiscal year 2017, $32,500,000 shall be made available
for the United Nations Population Fund (UNFPA).
(b) AVAILABILITY OF FUNDS.—Funds appropriated by this Act
for UNFPA, that are not made available for UNFPA because of
the operation of any provision of law, shall be transferred to the
‘‘Global Health Programs’’ account and shall be made available
for family planning, maternal, and reproductive health activities,
subject to the regular notification procedures of the Committees
on Appropriations.
(c) PROHIBITION ON USE OF FUNDS IN CHINA.—None of the
funds made available by this Act may be used by UNFPA for
a country program in the People’s Republic of China.
(d) CONDITIONS ON AVAILABILITY OF FUNDS.—Funds made available by this Act for UNFPA may not be made available unless—
(1) UNFPA maintains funds made available by this Act
in an account separate from other accounts of UNFPA and
does not commingle such funds with other sums; and
(2) UNFPA does not fund abortions.
(e) REPORT TO CONGRESS AND DOLLAR-FOR-DOLLAR WITHHOLDING OF FUNDS.—
(1) Not later than 4 months after the date of enactment
of this Act, the Secretary of State shall submit a report to
the Committees on Appropriations indicating the amount of
funds that UNFPA is budgeting for the year in which the
report is submitted for a country program in the People’s
Republic of China.
(2) If a report under paragraph (1) indicates that UNFPA
plans to spend funds for a country program in the People’s
Republic of China in the year covered by the report, then
the amount of such funds UNFPA plans to spend in the People’s
Republic of China shall be deducted from the funds made
available to UNFPA after March 1 for obligation for the
remainder of the fiscal year in which the report is submitted.
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PUBLIC LAW 115–31—MAY 5, 2017
AFGHAN ALLIES
(INCLUDING RESCISSION OF FUNDS)
8 USC 1101 note.
SEC. 7083. (a) AFGHAN ALLIES.—Section 602(b)(3)(F) of the
Afghan Allies Protection Act, 2009 (division F of Public Law 111–
8), as amended, is further amended by substituting ‘‘11,000’’ for
‘‘8,500’’ in the matter preceding clause (i).
(b) RESCISSION OF FUNDS.—Of the funds appropriated in prior
Acts making appropriations for the Department of State, foreign
operations, and related programs that remain available for obligation under the heading ‘‘Bilateral Economic Assistance, Funds
Appropriated to the President, Economic Support Fund’’, $6,000,000
are rescinded: Provided, That no amounts may be rescinded from
amounts that were designated by the Congress for Overseas Contingency Operations/Global War on Terrorism or as an emergency
requirement pursuant to the Concurrent Resolution on the Budget
or section 251(b)(2)(A) of the Balanced Budget and Emergency
Deficit Control Act of 1985, as amended.
TITLE VIII
OVERSEAS CONTINGENCY OPERATIONS/GLOBAL WAR ON
TERRORISM
DEPARTMENT OF STATE
ADMINISTRATION
OF
FOREIGN AFFAIRS
DIPLOMATIC AND CONSULAR PROGRAMS
(INCLUDING TRANSFER OF FUNDS)
Notification.
For an additional amount for ‘‘Diplomatic and Consular Programs’’, $2,410,386,000, to remain available until September 30,
2018, of which $1,815,210,000 is for Worldwide Security Protection
and shall remain available until expended: Provided, That the
Secretary of State may transfer up to $5,000,000 of the total funds
made available under this heading to any other appropriation of
any department or agency of the United States, upon the concurrence of the head of such department or agency, to support operations in and assistance for Afghanistan and to carry out the
provisions of the Foreign Assistance Act of 1961: Provided further,
That any such transfer shall be subject to the regular notification
procedures of the Committees on Appropriations: Provided further,
That funds appropriated under this heading in this title may be
made available for Conflict Stabilization Operations and for related
reconstruction and stabilization assistance to prevent or respond
to conflict or civil strife in foreign countries or regions, or to enable
transition from such strife: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
OFFICE OF INSPECTOR GENERAL
For an additional amount for ‘‘Office of Inspector General’’,
$54,900,000, to remain available until September 30, 2018, for
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the Special Inspector General for Afghanistan Reconstruction
(SIGAR) for reconstruction oversight: Provided, That printing and
reproduction costs shall not exceed amounts for such costs during
fiscal year 2016: Provided further, That notwithstanding any other
provision of law, any employee of SIGAR who completes at least
12 months of continuous service after the date of enactment of
this Act or who is employed on the date on which SIGAR terminates,
whichever occurs first, shall acquire competitive status for appointment to any position in the competitive service for which the
employee possesses the required qualifications: Provided further,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE
For an additional amount for ‘‘Embassy Security, Construction,
and Maintenance’’, $1,238,800,000, to remain available until
expended, of which $1,228,000,000 shall be for Worldwide Security
Upgrades, acquisition, and construction as authorized: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
INTERNATIONAL ORGANIZATIONS
CONTRIBUTIONS TO INTERNATIONAL ORGANIZATIONS
For an additional amount for ‘‘Contributions to International
Organizations’’, $96,240,000: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
CONTRIBUTIONS FOR INTERNATIONAL PEACEKEEPING ACTIVITIES
For an additional amount for ‘‘Contributions for International
Peacekeeping Activities’’, $1,354,660,000, to remain available until
September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
RELATED AGENCY
BROADCASTING BOARD
OF
GOVERNORS
INTERNATIONAL BROADCASTING OPERATIONS
For an additional amount for ‘‘International Broadcasting Operations’’, $4,800,000, to remain available until September 30, 2018:
Provided, That such amount is designated by the Congress for
Overseas Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency
Deficit Control Act of 1985.
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131 STAT. 720
PUBLIC LAW 115–31—MAY 5, 2017
UNITED STATES AGENCY FOR INTERNATIONAL
DEVELOPMENT
FUNDS APPROPRIATED
TO THE
PRESIDENT
OPERATING EXPENSES
For an additional amount for ‘‘Operating Expenses’’,
$152,080,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
BILATERAL ECONOMIC ASSISTANCE
FUNDS APPROPRIATED
TO THE
PRESIDENT
INTERNATIONAL DISASTER ASSISTANCE
For an additional amount for ‘‘International Disaster Assistance’’, $2,323,203,000, to remain available until expended: Provided,
That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
For an additional amount for ‘‘International Disaster Assistance’’, $990,000,000, to remain available until expended, for famine
prevention, relief, and mitigation, including for South Sudan,
Somalia, Nigeria, and Yemen: Provided, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
TRANSITION INITIATIVES
For an additional amount for ‘‘Transition Initiatives’’,
$37,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
COMPLEX CRISES FUND
For an additional amount for ‘‘Complex Crises Fund’’,
$20,000,000, to remain available until expended: Provided, That
such amount is designated by the Congress for Overseas Contingency Operations/Global War on Terrorism pursuant to section
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985.
ECONOMIC SUPPORT FUND
For an additional amount for ‘‘Economic Support Fund’’,
$2,609,242,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
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131 STAT. 721
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985.
ASSISTANCE FOR EUROPE, EURASIA AND CENTRAL ASIA
For an additional amount for ‘‘Assistance for Europe, Eurasia
and Central Asia’’, $453,696,000, to remain available until September 30, 2018: Provided, That such amount is designated by
the Congress for Overseas Contingency Operations/Global War on
Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
DEPARTMENT
OF
STATE
MIGRATION AND REFUGEE ASSISTANCE
For an additional amount for ‘‘Migration and Refugee Assistance’’ to respond to refugee crises, including in Africa, the Near
East, South and Central Asia, and Europe and Eurasia,
$2,146,198,000, to remain available until expended, except that
such funds shall not be made available for the resettlement costs
of refugees in the United States: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
UNITED STATES EMERGENCY REFUGEE AND MIGRATION ASSISTANCE
FUND
For an additional amount for ‘‘United States Emergency Refugee and Migration Assistance Fund’’, $40,000,000, to remain available until expended: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
INTERNATIONAL SECURITY ASSISTANCE
DEPARTMENT
OF
STATE
INTERNATIONAL NARCOTICS CONTROL AND LAW ENFORCEMENT
For an additional amount for ‘‘International Narcotics Control
and Law Enforcement’’, $412,260,000, to remain available until
September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
NONPROLIFERATION, ANTI-TERRORISM, DEMINING AND RELATED
PROGRAMS
For an additional amount for ‘‘Nonproliferation, Anti-terrorism,
Demining and Related Programs’’, $341,754,000, to remain available
until September 30, 2018: Provided, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 115–31—MAY 5, 2017
PEACEKEEPING OPERATIONS
Notification.
For an additional amount for ‘‘Peacekeeping Operations’’,
$473,973,000, to remain available until September 30, 2018: Provided, That such amount is designated by the Congress for Overseas
Contingency Operations/Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit
Control Act of 1985: Provided further, That funds available for
obligation under this heading in this Act may be used to pay
assessed expenses of international peacekeeping activities in
Somalia, subject to the regular notification procedures of the
Committees on Appropriations.
FUNDS APPROPRIATED
TO THE
PRESIDENT
FOREIGN MILITARY FINANCING PROGRAM
For an additional amount for ‘‘Foreign Military Financing Program’’, $1,325,808,000, to remain available until September 30,
2018: Provided, That such amount is designated by the Congress
for Overseas Contingency Operations/Global War on Terrorism
pursuant to section 251(b)(2)(A)(ii) of the Balanced Budget and
Emergency Deficit Control Act of 1985.
GENERAL PROVISIONS
ADDITIONAL APPROPRIATIONS
SEC. 8001. Notwithstanding any other provision of law, funds
appropriated in this title are in addition to amounts appropriated
or otherwise made available in this Act for fiscal year 2017.
EXTENSION OF AUTHORITIES AND CONDITIONS
SEC. 8002. Unless otherwise provided for in this Act, the additional amounts appropriated by this title to appropriations accounts
in this Act shall be available under the authorities and conditions
applicable to such appropriations accounts.
TRANSFER OF FUNDS
SEC. 8003. (a)(1) Funds appropriated by this title in this Act
under the headings ‘‘Transition Initiatives’’, ‘‘Complex Crises Fund’’,
‘‘Economic Support Fund’’, and ‘‘Assistance for Europe, Eurasia
and Central Asia’’ may be transferred to, and merged with, funds
appropriated by this title under such headings.
(2) Funds appropriated by this title in this Act under the
headings ‘‘International Narcotics Control and Law Enforcement’’,
‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military
Financing Program’’ may be transferred to, and merged with, funds
appropriated by this title under such headings.
(b) Notwithstanding any other provision of this section, not
to exceed $15,000,000 from funds appropriated under the headings
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military Financing Program’’
by this title in this Act may be transferred to, and merged with,
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131 STAT. 723
funds previously made available under the heading ‘‘Global Security
Contingency Fund’’.
(c) The transfer authority provided in subsection (a) may only
be exercised to address contingencies.
(d) The transfer authority provided in subsections (a) and (b)
shall be subject to prior consultation with, and the regular notification procedures of, the Committees on Appropriations: Provided,
That such transfer authority is in addition to any transfer authority
otherwise available under any other provision of law, including
section 610 of the Foreign Assistance Act of 1961 which may be
exercised by the Secretary of State for the purposes of this title.
Consultation.
Notification.
COUNTERING THE ISLAMIC STATE OF IRAQ AND SYRIA AND COMBATING
TERRORISM IN THE NEAR EAST AND AFRICA
SEC. 8004. (a) RELIEF AND RECOVERY FUND.—Funds appropriated by this Act under the headings ‘‘Economic Support Fund’’,
‘‘International Narcotics Control and Law Enforcement’’, ‘‘Peacekeeping Operations’’, and ‘‘Foreign Military Financing Program’’
that are designated for the Relief and Recovery Fund in the tables
included in the explanatory statement described in section 4 (in
the matter preceding division A of this Consolidated Act) shall
be made available for assistance for areas liberated from, or under
the influence of, the Islamic State of Iraq and Syria, other terrorist
organizations, or violent extremist organizations in and around
the Near East and Africa: Provided, That such funds are in addition
to amounts otherwise made available for such purposes and to
amounts specifically designated in this Act for assistance for foreign
countries: Provided further, That such funds shall be made available
to the maximum extent practicable on a cost-matching basis from
sources other than the United States, except that no such funds
may be made available for the costs of significant infrastructure
projects: Provided further, That such funds appropriated under
the headings ‘‘Economic Support Fund’’ and ‘‘International Narcotics
Control and Law Enforcement’’ shall be made available for programs
and activities included under this section in the explanatory statement described in section 4 (in the matter preceding division A
of this Consolidated Act): Provided further, That the Secretary
of State shall include funds made available pursuant to this subsection in the update to reports required by section 204 of the
Security Assistance Appropriations Act, 2017 (division B of Public
Law 114–254).
(b) COUNTERTERRORISM PARTNERSHIPS FUND.—Funds appropriated by this Act under the heading ‘‘Nonproliferation, Anti-terrorism, Demining and Related Programs’’ shall be made available
for the Counterterrorism Partnerships Fund: Provided, That funds
made available pursuant to this subsection shall be made available
to enhance the capacity of Kurdistan Regional Government security
services and for security programs in the Kurdistan Region of
Iraq that further the security interest of the United States.
(c) OVERSIGHT REQUIREMENT.—Prior to the obligation of funds
made available pursuant to subsections (a) and (b), the Secretary
of State shall take all practicable steps to ensure that mechanisms
are in place for monitoring, oversight, and control of such funds:
Provided, That the Secretary shall promptly inform the appropriate
congressional committees of each instance in which assistance provided pursuant to subsections (a) and (b) has been diverted or
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PUBLIC LAW 115–31—MAY 5, 2017
destroyed, to include the type and amount of assistance, a description of the incident and parties involved, and an explanation of
the response of the Department of State.
(d) NOTIFICATION REQUIREMENT.—Funds made available pursuant to this section shall be subject to the regular notification procedures of the Committees on Appropriations.
FAMINE PREVENTION, RELIEF, AND MITIGATION
(INCLUDING TRANSFER OF FUNDS)
Termination
date.
Consultation.
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SEC. 8005. (a) TRANSFER AUTHORITY AND NOTIFICATION
REQUIREMENT.—
(1) Of the funds appropriated by this title in the second
paragraph under the heading ‘‘International Disaster Assistance’’—
(A) not less than $300,000,000 shall be transferred
to, and merged with, the Foreign Agricultural Service,
‘‘Food for Peace Title II Grants’’ account; and
(B) not less than $1,500,000 shall be transferred to,
and merged with, funds appropriated by this title under
the heading ‘‘Operating Expenses’’ for the United States
Agency for International Development.
(2) Funds appropriated by this title in the second paragraph
under the heading ‘‘International Disaster Assistance’’ may be
transferred to, and merged with, funds appropriated by this
title under the heading ‘‘Migration and Refugee Assistance’’.
(3) The transfer authority of this subsection is in addition
to any transfer authority otherwise available under any other
provision of law, and shall be for famine prevention, relief,
and mitigation.
(b) REPORTING REQUIREMENTS.—Not later than 30 days after
enactment of this Act and every 45 days thereafter until September
30, 2018, the Director of the Office of Management and Budget,
in consultation with the Secretary of State and Administrator of
the United States Agency for International Development, shall
submit to the Committees on Appropriations a report on the proposed use of funds appropriated under the heading ‘‘International
Disaster Assistance’’ from this Act and prior Acts making appropriations for the Department of State, foreign operations, and related
programs, for famine prevention, relief, and mitigation: Provided,
That such report shall include the requirements enumerated under
this section in the explanatory statement described in section 4
(in the matter preceding division A of this Consolidated Act).
This division may be cited as the ‘‘Department of State, Foreign
Operations, and Related Programs Appropriations Act, 2017’’.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 725
DIVISION K—TRANSPORTATION, HOUSING AND URBAN
DEVELOPMENT, AND RELATED AGENCIES APPROPRIATIONS ACT, 2017
TITLE I
DEPARTMENT OF TRANSPORTATION
OFFICE
OF THE
Transportation,
Housing and
Urban
Development,
and Related
Agencies
Appropriations
Act, 2017.
SECRETARY
SALARIES AND EXPENSES
For necessary expenses of the Office of the Secretary,
$114,000,000, of which not to exceed $2,758,000 shall be available
for the immediate Office of the Secretary; not to exceed $1,040,000
shall be available for the immediate Office of the Deputy Secretary;
not to exceed $20,772,000 shall be available for the Office of the
General Counsel; not to exceed $10,033,000 shall be available for
the Office of the Under Secretary of Transportation for Policy;
not to exceed $14,019,000 shall be available for the Office of the
Assistant Secretary for Budget and Programs; not to exceed
$2,546,000 shall be available for the Office of the Assistant Secretary for Governmental Affairs; not to exceed $29,356,000 shall
be available for the Office of the Assistant Secretary for Administration; not to exceed $2,142,000 shall be available for the Office
of Public Affairs; not to exceed $1,760,000 shall be available for
the Office of the Executive Secretariat; not to exceed $11,089,000
shall be available for the Office of Intelligence, Security, and Emergency Response; and not to exceed $18,485,000 shall be available
for the Office of the Chief Information Officer: Provided, That
the Secretary of Transportation is authorized to transfer funds
appropriated for any office of the Office of the Secretary to any
other office of the Office of the Secretary: Provided further, That
no appropriation for any office shall be increased or decreased
by more than 5 percent by all such transfers: Provided further,
That notice of any change in funding greater than 5 percent shall
be submitted for approval to the House and Senate Committees
on Appropriations: Provided further, That not to exceed $60,000
shall be for allocation within the Department for official reception
and representation expenses as the Secretary may determine: Provided further, That notwithstanding any other provision of law,
excluding fees authorized in Public Law 107–71, there may be
credited to this appropriation up to $2,500,000 in funds received
in user fees: Provided further, That none of the funds provided
in this Act shall be available for the position of Assistant Secretary
for Public Affairs.
Transfer
authority.
Approval.
RESEARCH AND TECHNOLOGY
For necessary expenses related to the Office of the Assistant
Secretary for Research and Technology, $13,000,000, of which
$8,218,000 shall remain available until September 30, 2019: Provided, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training: Provided further, That any reference
in law, regulation, judicial proceedings, or elsewhere to the Research
and Innovative Technology Administration shall continue to be
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PUBLIC LAW 115–31—MAY 5, 2017
deemed to be a reference to the Office of the Assistant Secretary
for Research and Technology of the Department of Transportation.
NATIONAL INFRASTRUCTURE INVESTMENTS
For capital investments in surface transportation infrastructure, $500,000,000, to remain available through September 30, 2020:
Provided, That the Secretary of Transportation shall distribute
funds provided under this heading as discretionary grants to be
awarded to a State, local government, transit agency, or a collaboration among such entities on a competitive basis for projects that
will have a significant impact on the Nation, a metropolitan area,
or a region: Provided further, That projects eligible for funding
provided under this heading shall include, but not be limited to,
highway or bridge projects eligible under title 23, United States
Code; public transportation projects eligible under chapter 53 of
title 49, United States Code; passenger and freight rail transportation projects; and port infrastructure investments (including
inland port infrastructure and land ports of entry): Provided further,
That the Secretary may use up to 20 percent of the funds made
available under this heading for the purpose of paying the subsidy
and administrative costs of projects eligible for Federal credit assistance under chapter 6 of title 23, United States Code, if the Secretary
finds that such use of the funds would advance the purposes of
this paragraph: Provided further, That in distributing funds provided under this heading, the Secretary shall take such measures
so as to ensure an equitable geographic distribution of funds, an
appropriate balance in addressing the needs of urban and rural
areas, and the investment in a variety of transportation modes:
Provided further, That a grant funded under this heading shall
be not less than $5,000,000 and not greater than $25,000,000:
Provided further, That not more than 10 percent of the funds
made available under this heading may be awarded to projects
in a single State: Provided further, That the Federal share of
the costs for which an expenditure is made under this heading
shall be, at the option of the recipient, up to 80 percent: Provided
further, That the Secretary shall give priority to projects that
require a contribution of Federal funds in order to complete an
overall financing package: Provided further, That not less than
20 percent of the funds provided under this heading shall be for
projects located in rural areas: Provided further, That for projects
located in rural areas, the minimum grant size shall be $1,000,000
and the Secretary may increase the Federal share of costs above
80 percent: Provided further, That projects conducted using funds
provided under this heading must comply with the requirements
of subchapter IV of chapter 31 of title 40, United States Code:
Provided further, That the Secretary shall conduct a new competition to select the grants and credit assistance awarded under this
heading: Provided further, That the Secretary may retain up to
$20,000,000 of the funds provided under this heading, and may
transfer portions of those funds to the Administrators of the Federal
Highway Administration, the Federal Transit Administration, the
Federal Railroad Administration and the Maritime Administration,
to fund the award and oversight of grants and credit assistance
made under the National Infrastructure Investments program.
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131 STAT. 727
NATIONAL SURFACE TRANSPORTATION AND INNOVATIVE FINANCE
BUREAU
For necessary expenses for the establishment and administration of a new National Surface Transportation and Innovative
Finance Bureau (the Bureau) within the Office of the Secretary
of Transportation, $3,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall use such
amount for the necessary expenses to establish the Bureau and
to fulfill the responsibilities of the Bureau, as detailed in section
9001 of the Fixing America’s Surface Transportation (FAST) Act
(Public Law 114–94) (49 U.S.C. 116): Provided further, That the
Secretary is required to receive the advance approval of the House
and Senate Committees on Appropriations prior to exercising the
authorities of 49 U.S.C. 116(h): Provided further, That the program
be available to other Federal agencies, States, municipalities and
project sponsors seeking Federal transportation expertise in
obtaining financing.
Advance
approval.
FINANCIAL MANAGEMENT CAPITAL
For necessary expenses for upgrading and enhancing the
Department of Transportation’s financial systems and reengineering business processes, $4,000,000, to remain available
through September 30, 2018.
CYBER SECURITY INITIATIVES
For necessary expenses for cyber security initiatives, including
necessary upgrades to wide area network and information technology infrastructure, improvement of network perimeter controls
and identity management, testing and assessment of information
technology against business, security, and other requirements,
implementation of Federal cyber security initiatives and information
infrastructure enhancements, and implementation of enhanced
security controls on network devices, $15,000,000, to remain available through September 30, 2018.
OFFICE OF CIVIL RIGHTS
For necessary expenses of the Office of Civil Rights, $9,751,000.
TRANSPORTATION PLANNING, RESEARCH, AND DEVELOPMENT
For necessary expenses for conducting transportation planning,
research, systems development, development activities, and making
grants, to remain available until expended, $12,000,000: Provided,
That of such amount, $3,000,000 shall be for necessary expenses
of the Interagency Infrastructure Permitting Improvement Center
(IIPIC): Provided further, That there may be transferred to this
appropriation, to remain available until expended, amounts from
other Federal agencies for expenses incurred under this heading
for IIPIC activities not related to transportation infrastructure:
Provided further, That the tools and analysis developed by the
IIPIC shall be available to other Federal agencies for the permitting
and review of major infrastructure projects not related to transportation only to the extent that other Federal agencies provide funding
to the Department as provided for under the previous proviso.
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131 STAT. 728
PUBLIC LAW 115–31—MAY 5, 2017
WORKING CAPITAL FUND
Notification.
For necessary expenses for operating costs and capital outlays
of the Working Capital Fund, not to exceed $190,389,000 shall
be paid from appropriations made available to the Department
of Transportation: Provided, That such services shall be provided
on a competitive basis to entities within the Department of
Transportation: Provided further, That the above limitation on operating expenses shall not apply to non-DOT entities: Provided further, That no funds appropriated in this Act to an agency of the
Department shall be transferred to the Working Capital Fund without majority approval of the Working Capital Fund Steering Committee and approval of the Secretary: Provided further, That no
assessments may be levied against any program, budget activity,
subactivity or project funded by this Act unless notice of such
assessments and the basis therefor are presented to the House
and Senate Committees on Appropriations and are approved by
such Committees.
MINORITY BUSINESS RESOURCE CENTER PROGRAM
For the cost of guaranteed loans, $339,000, as authorized by
49 U.S.C. 332: Provided, That such costs, including the cost of
modifying such loans, shall be as defined in section 502 of the
Congressional Budget Act of 1974: Provided further, That these
funds are available to subsidize total loan principal, any part of
which is to be guaranteed, not to exceed $18,367,000.
In addition, for administrative expenses to carry out the
guaranteed loan program, $602,000.
SMALL AND DISADVANTAGED BUSINESS UTILIZATION AND OUTREACH
For necessary expenses for small and disadvantaged business
utilization and outreach activities, $4,646,000, to remain available
until September 30, 2018: Provided, That notwithstanding 49 U.S.C.
332, these funds may be used for business opportunities related
to any mode of transportation.
PAYMENTS TO AIR CARRIERS
(AIRPORT AND AIRWAY TRUST FUND)
In addition to funds made available from any other source
to carry out the essential air service program under 49 U.S.C.
41731 through 41742, $150,000,000, to be derived from the Airport
and Airway Trust Fund, to remain available until expended: Provided, That in determining between or among carriers competing
to provide service to a community, the Secretary may consider
the relative subsidy requirements of the carriers: Provided further,
That basic essential air service minimum requirements shall not
include the 15-passenger capacity requirement under subsection
41732(b)(3) of title 49, United States Code: Provided further, That
none of the funds in this Act or any other Act shall be used
to enter into a new contract with a community located less than
40 miles from the nearest small hub airport before the Secretary
has negotiated with the community over a local cost share: Provided
further, That amounts authorized to be distributed for the essential
air service program under subsection 41742(b) of title 49, United
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131 STAT. 729
States Code, shall be made available immediately from amounts
otherwise provided to the Administrator of the Federal Aviation
Administration: Provided further, That the Administrator may
reimburse such amounts from fees credited to the account established under section 45303 of title 49, United States Code.
ADMINISTRATIVE PROVISIONS—OFFICE OF THE SECRETARY OF
TRANSPORTATION
SEC. 101. None of the funds made available in this Act to
the Department of Transportation may be obligated for the Office
of the Secretary of Transportation to approve assessments or
reimbursable agreements pertaining to funds appropriated to the
modal administrations in this Act, except for activities underway
on the date of enactment of this Act, unless such assessments
or agreements have completed the normal reprogramming process
for Congressional notification.
SEC. 102. In addition to authority provided by section 327
of title 49, United States Code, the Department’s Working Capital
Fund is hereby authorized to provide partial or full payments
in advance and accept subsequent reimbursements from all Federal
agencies from available funds for transit benefit distribution services that are necessary to carry out the Federal transit pass
transportation fringe benefit program under Executive Order 13150
and section 3049 of Public Law 109–59: Provided, That the Department shall maintain a reasonable operating reserve in the Working
Capital Fund, to be expended in advance to provide uninterrupted
transit benefits to Government employees: Provided further, That
such reserve will not exceed one month of benefits payable and
may be used only for the purpose of providing for the continuation
of transit benefits: Provided further, That the Working Capital
Fund will be fully reimbursed by each customer agency from available funds for the actual cost of the transit benefit.
SEC. 103. The Secretary shall post on the Web site of the
Department of Transportation a schedule of all meetings of the
Council on Credit and Finance, including the agenda for each
meeting, and require the Council on Credit and Finance to record
the decisions and actions of each meeting.
Web posting.
FEDERAL AVIATION ADMINISTRATION
OPERATIONS
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses of the Federal Aviation Administration,
not otherwise provided for, including operations and research activities related to commercial space transportation, administrative
expenses for research and development, establishment of air navigation facilities, the operation (including leasing) and maintenance
of aircraft, subsidizing the cost of aeronautical charts and maps
sold to the public, lease or purchase of passenger motor vehicles
for replacement only, in addition to amounts made available by
Public Law 112–95, $10,025,852,000, to remain available until September 30, 2018, of which $9,173,000,000 shall be derived from
the Airport and Airway Trust Fund, of which not to exceed
$7,559,785,000 shall be available for air traffic organization activities; not to exceed $1,298,482,000 shall be available for aviation
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Deadline.
Time period.
Update.
49 USC 44506
note.
Funding
reduction.
Deadline.
Time period.
Reports.
49 USC 44502
note.
Funding
reduction.
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PUBLIC LAW 115–31—MAY 5, 2017
safety activities; not to exceed $19,826,000 shall be available for
commercial space transportation activities; not to exceed
$771,342,000 shall be available for finance and management activities; not to exceed $60,155,000 shall be available for NextGen
and operations planning activities; not to exceed $107,161,000 shall
be available for security and hazardous materials safety; and not
to exceed $209,101,000 shall be available for staff offices: Provided,
That not to exceed 5 percent of any budget activity, except for
aviation safety budget activity, may be transferred to any budget
activity under this heading: Provided further, That no transfer
may increase or decrease any appropriation by more than 5 percent:
Provided further, That any transfer in excess of 5 percent shall
be treated as a reprogramming of funds under section 405 of this
Act and shall not be available for obligation or expenditure except
in compliance with the procedures set forth in that section: Provided
further, That not later than March 31 of each fiscal year hereafter,
the Administrator of the Federal Aviation Administration shall
transmit to Congress an annual update to the report submitted
to Congress in December 2004 pursuant to section 221 of Public
Law 108–176: Provided further, That the amount herein appropriated shall be reduced by $100,000 for each day after March
31 that such report has not been submitted to the Congress: Provided further, That not later than March 31 of each fiscal year
hereafter, the Administrator shall transmit to Congress a companion report that describes a comprehensive strategy for staffing,
hiring, and training flight standards and aircraft certification staff
in a format similar to the one utilized for the controller staffing
plan, including stated attrition estimates and numerical hiring goals
by fiscal year: Provided further, That the amount herein appropriated shall be reduced by $100,000 per day for each day after
March 31 that such report has not been submitted to Congress:
Provided further, That funds may be used to enter into a grant
agreement with a nonprofit standard-setting organization to assist
in the development of aviation safety standards: Provided further,
That none of the funds in this Act shall be available for new
applicants for the second career training program: Provided further,
That none of the funds in this Act shall be available for the
Federal Aviation Administration to finalize or implement any regulation that would promulgate new aviation user fees not specifically
authorized by law after the date of the enactment of this Act:
Provided further, That there may be credited to this appropriation,
as offsetting collections, funds received from States, counties,
municipalities, foreign authorities, other public authorities, and
private sources for expenses incurred in the provision of agency
services, including receipts for the maintenance and operation of
air navigation facilities, and for issuance, renewal or modification
of certificates, including airman, aircraft, and repair station certificates, or for tests related thereto, or for processing major repair
or alteration forms: Provided further, That of the funds appropriated
under this heading, not less than $159,000,000 shall be for the
contract tower program, including the contract tower cost share
program: Provided further, That none of the funds in this Act
for aeronautical charting and cartography are available for activities
conducted by, or coordinated through, the Working Capital Fund:
Provided further, That none of the funds appropriated or otherwise
made available by this Act or any other Act may be used to eliminate the Contract Weather Observers program at any airport.
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131 STAT. 731
FACILITIES AND EQUIPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for acquisition, establishment, technical support services, improvement by
contract or purchase, and hire of national airspace systems and
experimental facilities and equipment, as authorized under part
A of subtitle VII of title 49, United States Code, including initial
acquisition of necessary sites by lease or grant; engineering and
service testing, including construction of test facilities and acquisition of necessary sites by lease or grant; construction and furnishing
of quarters and related accommodations for officers and employees
of the Federal Aviation Administration stationed at remote localities
where such accommodations are not available; and the purchase,
lease, or transfer of aircraft from funds available under this
heading, including aircraft for aviation regulation and certification;
to be derived from the Airport and Airway Trust Fund,
$2,855,000,000, of which $486,000,000 shall remain available until
September 30, 2017, and $2,369,000,000 shall remain available
until September 30, 2019: Provided, That there may be credited
to this appropriation funds received from States, counties, municipalities, other public authorities, and private sources, for expenses
incurred in the establishment, improvement, and modernization
of national airspace systems: Provided further, That no later than
March 31, the Secretary of Transportation shall transmit to the
Congress an investment plan for the Federal Aviation Administration which includes funding for each budget line item for fiscal
years 2018 through 2022, with total funding for each year of the
plan constrained to the funding targets for those years as estimated
and approved by the Office of Management and Budget.
Deadline.
Investment plan.
RESEARCH, ENGINEERING, AND DEVELOPMENT
(AIRPORT AND AIRWAY TRUST FUND)
For necessary expenses, not otherwise provided for, for
research, engineering, and development, as authorized under part
A of subtitle VII of title 49, United States Code, including construction of experimental facilities and acquisition of necessary sites
by lease or grant, $176,500,000, to be derived from the Airport
and Airway Trust Fund and to remain available until September
30, 2019: Provided, That there may be credited to this appropriation
as offsetting collections, funds received from States, counties,
municipalities, other public authorities, and private sources, which
shall be available for expenses incurred for research, engineering,
and development.
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PUBLIC LAW 115–31—MAY 5, 2017
GRANTS-IN-AID FOR AIRPORTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(AIRPORT AND AIRWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Explosive
detection
systems.
For liquidation of obligations incurred for grants-in-aid for airport planning and development, and noise compatibility planning
and programs as authorized under subchapter I of chapter 471
and subchapter I of chapter 475 of title 49, United States Code,
and under other law authorizing such obligations; for procurement,
installation, and commissioning of runway incursion prevention
devices and systems at airports of such title; for grants authorized
under section 41743 of title 49, United States Code; and for inspection activities and administration of airport safety programs,
including those related to airport operating certificates under section 44706 of title 49, United States Code, $3,750,000,000, to be
derived from the Airport and Airway Trust Fund and to remain
available until expended: Provided, That none of the funds under
this heading shall be available for the planning or execution of
programs the obligations for which are in excess of $3,350,000,000
in fiscal year 2017, notwithstanding section 47117(g) of title 49,
United States Code: Provided further, That none of the funds under
this heading shall be available for the replacement of baggage
conveyor systems, reconfiguration of terminal baggage areas, or
other airport improvements that are necessary to install bulk explosive detection systems: Provided further, That notwithstanding section 47109(a) of title 49, United States Code, the Government’s
share of allowable project costs under paragraph (2) for subgrants
or paragraph (3) of that section shall be 95 percent for a project
at other than a large or medium hub airport that is a successive
phase of a multi-phased construction project for which the project
sponsor received a grant in fiscal year 2011 for the construction
project: Provided further, That notwithstanding any other provision
of law, of funds limited under this heading, not more than
$107,691,000 shall be available for administration, not less than
$15,000,000 shall be available for the Airport Cooperative Research
Program, not less than $31,375,000 shall be available for Airport
Technology Research, and $10,000,000, to remain available until
expended, shall be available and transferred to ‘‘Office of the Secretary, Salaries and Expenses’’ to carry out the Small Community
Air Service Development Program: Provided further, That in addition to airports eligible under section 41743 of title 49, such program
may include the participation of an airport that serves a community
or consortium that is not larger than a small hub airport, according
to FAA hub classifications effective at the time the Office of the
Secretary issues a request for proposals.
ADMINISTRATIVE PROVISIONS—FEDERAL AVIATION ADMINISTRATION
SEC. 110. None of the funds in this Act may be used to compensate in excess of 600 technical staff-years under the federally
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131 STAT. 733
funded research and development center contract between the Federal Aviation Administration and the Center for Advanced Aviation
Systems Development during fiscal year 2017.
SEC. 111. None of the funds in this Act shall be used to
pursue or adopt guidelines or regulations requiring airport sponsors
to provide to the Federal Aviation Administration without cost
building construction, maintenance, utilities and expenses, or space
in airport sponsor-owned buildings for services relating to air traffic
control, air navigation, or weather reporting: Provided, That the
prohibition of funds in this section does not apply to negotiations
between the agency and airport sponsors to achieve agreement
on ‘‘below-market’’ rates for these items or to grant assurances
that require airport sponsors to provide land without cost to the
FAA for air traffic control facilities.
SEC. 112. The Administrator of the Federal Aviation Administration may reimburse amounts made available to satisfy 49 U.S.C.
41742(a)(1) from fees credited under 49 U.S.C. 45303 and any
amount remaining in such account at the close of that fiscal year
may be made available to satisfy section 41742(a)(1) for the subsequent fiscal year.
SEC. 113. Amounts collected under section 40113(e) of title
49, United States Code, shall be credited to the appropriation
current at the time of collection, to be merged with and available
for the same purposes of such appropriation.
SEC. 114. None of the funds in this Act shall be available
for paying premium pay under subsection 5546(a) of title 5, United
States Code, to any Federal Aviation Administration employee
unless such employee actually performed work during the time
corresponding to such premium pay.
SEC. 115. None of the funds in this Act may be obligated
or expended for an employee of the Federal Aviation Administration
to purchase a store gift card or gift certificate through use of
a Government-issued credit card.
SEC. 116. None of the funds in this Act may be obligated
or expended for retention bonuses for an employee of the Federal
Aviation Administration without the prior written approval of the
Assistant Secretary for Administration of the Department of
Transportation.
SEC. 117. Notwithstanding any other provision of law, none
of the funds made available under this Act or any prior Act may
be used to implement or to continue to implement any limitation
on the ability of any owner or operator of a private aircraft to
obtain, upon a request to the Administrator of the Federal Aviation
Administration, a blocking of that owner’s or operator’s aircraft
registration number from any display of the Federal Aviation
Administration’s Aircraft Situational Display to Industry data that
is made available to the public, except data made available to
a Government agency, for the noncommercial flights of that owner
or operator.
SEC. 118. None of the funds in this Act shall be available
for salaries and expenses of more than nine political and Presidential appointees in the Federal Aviation Administration.
SEC. 119. None of the funds made available under this Act
may be used to increase fees pursuant to section 44721 of title
49, United States Code, until the Federal Aviation Administration
provides to the House and Senate Committees on Appropriations
a report that justifies all fees related to aeronautical navigation
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PUBL031
131 STAT. 734
products and explains how such fees are consistent with Executive
Order 13642.
SEC. 119A. None of the funds in this Act may be used to
close a regional operations center of the Federal Aviation Administration or reduce its services unless the Administrator notifies
the House and Senate Committees on Appropriations not less than
90 full business days in advance.
SEC. 119B. None of the funds appropriated or limited by this
Act may be used to change weight restrictions or prior permission
rules at Teterboro airport in Teterboro, New Jersey.
SEC. 119C. None of the funds provided under this Act may
be used by the Administrator of the Federal Aviation Administration
to withhold from consideration and approval any application for
participation in the Contract Tower Program, or for reevaluation
of Cost-share Program participants, pending as of January 1, 2016,
as long as the Federal Aviation Administration has received an
application from the airport, and as long as the Administrator
determines such tower is eligible using the factors set forth in
the Federal Aviation Administration report, Establishment and Discontinuance Criteria for Airport Traffic Control Towers (FAA–APO–
90–7 as of August, 1990).
SEC. 119D. For fiscal year 2017, the Secretary of Transportation
shall apportion to the sponsor of a primary airport under section
47114(c)(1)(A) of title 49, United States Code, an amount based
on the number of passenger boardings at the airport during calendar
year 2012 if the airport had—
(1) fewer than 10,000 passenger boardings during the calendar year used to calculate the apportionment for fiscal year
2017; and
(2) 10,000 or more passenger boardings during calendar
year 2012.
SEC. 119E. Section 47109(c)(2) of title 49, United States Code,
is amended to read as follows: ‘‘The Government’s share of allowable
project costs determined under this subsection shall not exceed
the lesser of 93.75 percent or the highest percentage Government
share applicable to any project in any State under subsection (b),
except that at a primary non-hub and non-primary commercial
service airport located in a State as set forth in paragraph (1)
of this subsection that is within 15 miles of another State as
set forth in paragraph (1) of this subsection, the Government’s
share shall be an average of the Government share applicable
to any project in each of the States.’’.
SEC. 119F. (a) Subchapter I of chapter 471, as amended by
this subtitle, is further amended by adding at the end the following:
Notification.
Deadline.
New Jersey.
49 USC 47144.
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‘‘§ 47144. Use of funds for repairs for runway safety repairs
‘‘(a) IN GENERAL.—The Secretary of Transportation may make
project grants under this subchapter to an airport described in
subsection (b) from funds under section 47114 apportioned to that
airport or funds available for discretionary grants to that airport
under section 47115 to conduct airport development to repair the
runway safety area of the airport damaged as a result of a natural
disaster in order to maintain compliance with the regulations of
the Federal Aviation Administration relating to runway safety
areas, without regard to whether construction of the runway safety
area damaged was carried out using amounts the airport received
under this subchapter.
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131 STAT. 735
‘‘(b) AIRPORTS DESCRIBED.—An airport is described in this subsection if—
‘‘(1) the airport is a public-use airport;
‘‘(2) the airport is listed in the National Plan of Integrated
Airport Systems of the Federal Aviation Administration;
‘‘(3) the runway safety area of the airport was damaged
as a result of a natural disaster;
‘‘(4) the airport was denied funding under the Robert T.
Stafford Disaster Relief and Emergency Assistance Act (42
U.S.C. 4121 et seq.) with respect to the disaster;
‘‘(5) the operator of the airport has exhausted all legal
remedies, including legal action against any parties (or insurers
thereof) whose action or inaction may have contributed to the
need for the repair of the runway safety area;
‘‘(6) there is still a demonstrated need for the runway
safety area to accommodate current or imminent aeronautical
demand; and
‘‘(7) the cost of repairing or replacing the runway safety
area is reasonable in relation to the anticipated operational
benefit of repairing the runway safety area, as determined
by the Administrator of the Federal Aviation Administration.’’.
(b) The analysis for chapter 471, as amended by this subtitle,
is further amended by inserting after the item relating to section
47143 the following:
49 USC 47101
prec.
‘‘47144. Use of funds for repairs for runway safety repairs.’’.
FEDERAL HIGHWAY ADMINISTRATION
LIMITATION ON ADMINISTRATIVE EXPENSES
(HIGHWAY TRUST FUND)
(INCLUDING TRANSFER OF FUNDS)
Not to exceed $432,547,000, together with advances and
reimbursements received by the Federal Highway Administration,
shall be obligated for necessary expenses for administration and
operation of the Federal Highway Administration. In addition, not
to exceed $3,248,000 shall be transferred to the Appalachian
Regional Commission in accordance with section 104(a) of title
23, United States Code.
FEDERAL-AID HIGHWAYS
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
Funds available for the implementation or execution of Federalaid highway and highway safety construction programs authorized
under titles 23 and 49, United States Code, and the provisions
of the Fixing America’s Surface Transportation Act shall not exceed
total obligations of $43,266,100,000 for fiscal year 2017: Provided,
That the Secretary may collect and spend fees, as authorized by
title 23, United States Code, to cover the costs of services of expert
firms, including counsel, in the field of municipal and project finance
to assist in the underwriting and servicing of Federal credit
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PUBLIC LAW 115–31—MAY 5, 2017
instruments and all or a portion of the costs to the Federal Government of servicing such credit instruments: Provided further, That
such fees are available until expended to pay for such costs: Provided further, That such amounts are in addition to administrative
expenses that are also available for such purpose, and are not
subject to any obligation limitation or the limitation on administrative expenses under section 608 of title 23, United States Code.
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(HIGHWAY TRUST FUND)
For the payment of obligations incurred in carrying out Federalaid highway and highway safety construction programs authorized
under title 23, United States Code, $44,005,100,000 derived from
the Highway Trust Fund (other than the Mass Transit Account),
to remain available until expended.
(RESCISSION)
(HIGHWAY TRUST FUND)
Determination.
Determination.
Of the unobligated balances of funds apportioned among the
States under chapter 1 of title 23, United States Code, a total
of $857,000,000 is hereby permanently rescinded on June 30, 2017:
Provided, That such rescission shall not apply to funds distributed
in accordance with sections 104(b)(3) and 130(f) of title 23, United
States Code; section 133(d)(1)(A) of such title; the first sentence
of section 133(d)(3)(A) of such title, as in effect on the day before
the date of enactment of MAP–21 (Public Law 112–141); sections
133(d)(1) and 163 of such title, as in effect on the day before
the date of enactment of SAFETEA–LU (Public Law 109–59); and
section 104(b)(5) of such title, as in effect on the day before the
date of enactment of MAP–21 (Public Law 112–141): Provided further, That such rescission shall not apply to funds that are exempt
from the obligation limitation or subject to special no-year obligation
limitation: Provided further, That the amount to be rescinded from
a State shall be determined by multiplying the total amount of
the rescission by the ratio that the unobligated balances subject
to the rescission as of May 31, 2017, for the State; bears to the
unobligated balances subject to the rescission as of May 31, 2017,
for all States: Provided further, That the amount to be rescinded
under this section from each program to which the rescission applies
within a State shall be determined by multiplying the rescission
amount calculated for such State by the ratio that the unobligated
balance as of May 31, 2017, for such program in such State; bears
to the unobligated balances as of May 31, 2017, for all programs
to which the rescission applies in such State.
ADMINISTRATIVE PROVISIONS—FEDERAL HIGHWAY ADMINISTRATION
23 USC 104 note.
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SEC. 120. (a) For fiscal year 2017, the Secretary of Transportation shall—
(1) not distribute from the obligation limitation for Federalaid highways—
(A) amounts authorized for administrative expenses
and programs by section 104(a) of title 23, United States
Code; and
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(B) amounts authorized for the Bureau of Transportation Statistics;
(2) not distribute an amount from the obligation limitation
for Federal-aid highways that is equal to the unobligated balance of amounts—
(A) made available from the Highway Trust Fund
(other than the Mass Transit Account) for Federal-aid highway and highway safety construction programs for previous
fiscal years the funds for which are allocated by the Secretary (or apportioned by the Secretary under sections 202
or 204 of title 23, United States Code); and
(B) for which obligation limitation was provided in
a previous fiscal year;
(3) determine the proportion that—
(A) the obligation limitation for Federal-aid highways,
less the aggregate of amounts not distributed under paragraphs (1) and (2) of this subsection; bears to
(B) the total of the sums authorized to be appropriated
for the Federal-aid highway and highway safety construction programs (other than sums authorized to be appropriated for provisions of law described in paragraphs (1)
through (11) of subsection (b) and sums authorized to be
appropriated for section 119 of title 23, United States Code,
equal to the amount referred to in subsection (b)(12) for
such fiscal year), less the aggregate of the amounts not
distributed under paragraphs (1) and (2) of this subsection;
(4) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2), for each of the programs (other than programs to which paragraph (1) applies) that are allocated by
the Secretary under the Fixing America’s Surface Transportation Act and title 23, United States Code, or apportioned
by the Secretary under sections 202 or 204 of that title, by
multiplying—
(A) the proportion determined under paragraph (3);
by
(B) the amounts authorized to be appropriated for each
such program for such fiscal year; and
(5) distribute the obligation limitation for Federal-aid highways, less the aggregate amounts not distributed under paragraphs (1) and (2) and the amounts distributed under paragraph (4), for Federal-aid highway and highway safety construction programs that are apportioned by the Secretary under
title 23, United States Code (other than the amounts apportioned for the National Highway Performance Program in section 119 of title 23, United States Code, that are exempt from
the limitation under subsection (b)(12) and the amounts apportioned under sections 202 and 204 of that title) in the proportion
that—
(A) amounts authorized to be appropriated for the programs that are apportioned under title 23, United States
Code, to each State for such fiscal year; bears to
(B) the total of the amounts authorized to be appropriated for the programs that are apportioned under title
23, United States Code, to all States for such fiscal year.
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Deadline.
VerDate Sep 11 2014
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PUBLIC LAW 115–31—MAY 5, 2017
(b) EXCEPTIONS FROM OBLIGATION LIMITATION.—The obligation
limitation for Federal-aid highways shall not apply to obligations
under or for—
(1) section 125 of title 23, United States Code;
(2) section 147 of the Surface Transportation Assistance
Act of 1978 (23 U.S.C. 144 note; 92 Stat. 2714);
(3) section 9 of the Federal-Aid Highway Act of 1981 (95
Stat. 1701);
(4) subsections (b) and (j) of section 131 of the Surface
Transportation Assistance Act of 1982 (96 Stat. 2119);
(5) subsections (b) and (c) of section 149 of the Surface
Transportation and Uniform Relocation Assistance Act of 1987
(101 Stat. 198);
(6) sections 1103 through 1108 of the Intermodal Surface
Transportation Efficiency Act of 1991 (105 Stat. 2027);
(7) section 157 of title 23, United States Code (as in effect
on June 8, 1998);
(8) section 105 of title 23, United States Code (as in effect
for fiscal years 1998 through 2004, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(9) Federal-aid highway programs for which obligation
authority was made available under the Transportation Equity
Act for the 21st Century (112 Stat. 107) or subsequent Acts
for multiple years or to remain available until expended, but
only to the extent that the obligation authority has not lapsed
or been used;
(10) section 105 of title 23, United States Code (as in
effect for fiscal years 2005 through 2012, but only in an amount
equal to $639,000,000 for each of those fiscal years);
(11) section 1603 of SAFETEA–LU (23 U.S.C. 118 note;
119 Stat. 1248), to the extent that funds obligated in accordance
with that section were not subject to a limitation on obligations
at the time at which the funds were initially made available
for obligation; and
(12) section 119 of title 23, United States Code (but, for
each of fiscal years 2013 through 2017, only in an amount
equal to $639,000,000).
(c) REDISTRIBUTION OF UNUSED OBLIGATION AUTHORITY.—Notwithstanding subsection (a), the Secretary shall, after August 1
of such fiscal year—
(1) revise a distribution of the obligation limitation made
available under subsection (a) if an amount distributed cannot
be obligated during that fiscal year; and
(2) redistribute sufficient amounts to those States able
to obligate amounts in addition to those previously distributed
during that fiscal year, giving priority to those States having
large unobligated balances of funds apportioned under sections
144 (as in effect on the day before the date of enactment
of Public Law 112–141) and 104 of title 23, United States
Code.
(d) APPLICABILITY OF OBLIGATION LIMITATIONS TO TRANSPORTATION RESEARCH PROGRAMS.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
obligation limitation for Federal-aid highways shall apply to
contract authority for transportation research programs carried
out under—
(A) chapter 5 of title 23, United States Code; and
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131 STAT. 739
(B) title VI of the Fixing America’s Surface Transportation Act.
(2) EXCEPTION.—Obligation authority made available under
paragraph (1) shall—
(A) remain available for a period of 4 fiscal years;
and
(B) be in addition to the amount of any limitation
imposed on obligations for Federal-aid highway and highway safety construction programs for future fiscal years.
(e) REDISTRIBUTION OF CERTAIN AUTHORIZED FUNDS.—
(1) IN GENERAL.—Not later than 30 days after the date
of distribution of obligation limitation under subsection (a),
the Secretary shall distribute to the States any funds (excluding
funds authorized for the program under section 202 of title
23, United States Code) that—
(A) are authorized to be appropriated for such fiscal
year for Federal-aid highway programs; and
(B) the Secretary determines will not be allocated to
the States (or will not be apportioned to the States under
section 204 of title 23, United States Code), and will not
be available for obligation, for such fiscal year because
of the imposition of any obligation limitation for such fiscal
year.
(2) RATIO.—Funds shall be distributed under paragraph
(1) in the same proportion as the distribution of obligation
authority under subsection (a)(5).
(3) AVAILABILITY.—Funds distributed to each State under
paragraph (1) shall be available for any purpose described
in section 133(b) of title 23, United States Code.
SEC. 121. Notwithstanding 31 U.S.C. 3302, funds received by
the Bureau of Transportation Statistics from the sale of data products, for necessary expenses incurred pursuant to chapter 63 of
title 49, United States Code, may be credited to the Federal-aid
highways account for the purpose of reimbursing the Bureau for
such expenses: Provided, That such funds shall be subject to the
obligation limitation for Federal-aid highway and highway safety
construction programs.
SEC. 122. (a) TRANSFER OF AMOUNTS.—
(1) STATE OF VIRGINIA.—
(A) IN GENERAL.—Of the total amount apportioned to
the State of Virginia under section 104 of title 23, United
States Code, for fiscal year 2017, the Secretary of Transportation shall, by the later of November 30, 2016, or 30
days after the enactment of this Act, transfer to the
National Park Service—
(i) an amount equal to—
(I) $30,000,000; multiplied by
(II) the ratio that—
(aa) the amount apportioned to the State
of Virginia under such section 104; bears to
(bb) the combined amount apportioned to
the State of Virginia and the District of
Columbia under such section 104; and
(ii) an amount of obligation limitation equal to
the amount calculated under clause (i).
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Time period.
Deadline.
Determination.
Reimbursement.
Deadline.
PUBL031
131 STAT. 740
Deadline.
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PUBLIC LAW 115–31—MAY 5, 2017
(B) SOURCE AND AMOUNT.—For purpose of the transfer
under subparagraph (A), the State of Virginia shall select
at the discretion of the State—
(i) the programs (among those for which funding
is apportioned as described in that subparagraph) from
which to transfer the amount specified in that subparagraph; and
(ii) the amount to transfer from each of those
programs (equal in aggregate to the amount calculated
under subparagraph (A)(i)).
(2) DISTRICT OF COLUMBIA.—
(A) IN GENERAL.—Of the total amount apportioned to
the District of Columbia under section 104 of title 23,
United States Code, for fiscal year 2017, the Secretary
of Transportation shall, by the later of November 30, 2016,
or 30 days after the enactment of this Act, transfer to
the National Park Service—
(i) an amount equal to—
(I) $30,000,000; multiplied by
(II) the ratio that—
(aa) the amount apportioned to the District of Columbia under such section 104; bears
to
(bb) the combined amount apportioned to
the State of Virginia and the District of
Columbia under such section 104; and
(ii) an amount of obligation limitation equal to
the amount calculated under clause (i).
(B) SOURCE AND AMOUNT.—For purpose of the transfer
under subparagraph (A), the District of Columbia shall
select at the discretion of the District—
(i) the programs (among those for which funding
is apportioned as described in that subparagraph) from
which to transfer the amount specified in that subparagraph; and
(ii) the amount to transfer from each of those
programs (equal in aggregate to the amount calculated
under subparagraph (A)(i)).
(3) FEDERAL LANDS TRANSPORTATION PROGRAM.—Of the
amounts otherwise made available to the National Park Service
under section 203 of title 23, United States Code, not less
than 10 percent shall be set aside for purposes of this section.
(b) ELIGIBILITY AND FEDERAL SHARE.—The amounts under subsection (a) shall be—
(1) available to the National Park Service only for projects
that—
(A) are eligible under section 203 of title 23, United
States Code; and
(B) are located on bridges on the National Highway
System that were originally constructed before 1945 and
are in poor condition; and
(2) subject to the Federal share described in section
201(b)(7)(A) of title 23, United States Code.
(c) OTHER FUNDS AND OBLIGATION LIMITATION.—Any funds and
obligation limitation transferred under subsection (a) shall be in
addition to funds or obligation limitation otherwise made available
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 741
to the National Park Service under sections 203 and 204 of title
23, United States Code.
SEC. 123. Not less than 15 days prior to waiving, under his
or her statutory authority, any Buy America requirement for Federal-aid highways projects, the Secretary of Transportation shall
make an informal public notice and comment opportunity on the
intent to issue such waiver and the reasons therefor: Provided,
That the Secretary shall provide an annual report to the House
and Senate Committees on Appropriations on any waivers granted
under the Buy America requirements.
SEC. 124. None of the funds in this Act to the Department
of Transportation may be used to provide credit assistance unless
not less than 3 days before any application approval to provide
credit assistance under sections 603 and 604 of title 23, United
States Code, the Secretary of Transportation provides notification
in writing to the following committees: the House and Senate
Committees on Appropriations; the Committee on Environment and
Public Works and the Committee on Banking, Housing and Urban
Affairs of the Senate; and the Committee on Transportation and
Infrastructure of the House of Representatives: Provided, That such
notification shall include, but not be limited to, the name of the
project sponsor; a description of the project; whether credit assistance will be provided as a direct loan, loan guarantee, or line
of credit; and the amount of credit assistance.
SEC. 125. None of the funds in this Act may be used to make
a grant for a project under section 117 of title 23, United States
Code, unless the Secretary, at least 60 days before making a grant
under that section, provides written notification to the House and
Senate Committees on Appropriations of the proposed grant,
including an evaluation and justification for the project and the
amount of the proposed grant award.
Deadline.
Public
information.
Waivers.
23 USC 313 note.
Reports.
Deadline.
Notification.
Time period.
Notification.
FEDERAL MOTOR CARRIER SAFETY ADMINISTRATION
MOTOR CARRIER SAFETY OPERATIONS AND PROGRAMS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in the implementation,
execution and administration of motor carrier safety operations
and programs pursuant to section 31110 of title 49, United States
Code, as amended by the Fixing America’s Surface Transportation
Act, $277,200,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account), together with advances
and reimbursements received by the Federal Motor Carrier Safety
Administration, the sum of which shall remain available until
expended: Provided, That funds available for implementation,
execution or administration of motor carrier safety operations and
programs authorized under title 49, United States Code, shall not
exceed total obligations of $277,200,000 for ‘‘Motor Carrier Safety
Operations and Programs’’ for fiscal year 2017, of which $9,180,000,
to remain available for obligation until September 30, 2019, is
for the research and technology program.
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131 STAT. 742
PUBLIC LAW 115–31—MAY 5, 2017
MOTOR CARRIER SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out sections
31102, 31103, 31104, and 31313 of title 49, United States Code,
as amended by the Fixing America’s Surface Transportation Act,
$367,000,000, to be derived from the Highway Trust Fund (other
than the Mass Transit Account) and to remain available until
expended: Provided, That funds available for the implementation
or execution of motor carrier safety programs shall not exceed
total obligations of $367,000,000 in fiscal year 2017 for ‘‘Motor
Carrier Safety Grants’’; of which $292,600,000 shall be available
for the motor carrier safety assistance program, $31,200,000 shall
be available for the commercial driver’s license program
implementation program, $42,200,000 shall be available for the
high priority activities program, and $1,000,000 shall be available
for the commercial motor vehicle operators grant program.
ADMINISTRATIVE PROVISIONS—FEDERAL MOTOR CARRIER SAFETY
ADMINISTRATION
Notice.
Deadline.
Certification.
SEC. 130. Funds appropriated or limited in this Act shall be
subject to the terms and conditions stipulated in section 350 of
Public Law 107–87 and section 6901 of Public Law 110–28.
SEC. 131. The Federal Motor Carrier Safety Administration
shall send notice of 49 CFR section 385.308 violations by certified
mail, registered mail, or another manner of delivery, which records
the receipt of the notice by the persons responsible for the violations.
SEC. 132. None of the funds made available by this Act or
previous appropriations Acts under the heading ‘‘Motor Carrier
Safety Operations and Programs’’ shall be used to pay for costs
associated with design, development, testing, or implementation
of a wireless roadside inspection program until 180 days after
the Secretary of Transportation certifies to the House and Senate
Committees on Appropriations that such program does not conflict
with existing non-Federal electronic screening systems, create
capabilities already available, or require additional statutory
authority to incorporate generated inspection data into safety determinations or databases, and has restrictions to specifically address
privacy concerns of affected motor carriers and operators.
NATIONAL HIGHWAY TRAFFIC SAFETY ADMINISTRATION
OPERATIONS AND RESEARCH
For expenses necessary to discharge the functions of the Secretary, with respect to traffic and highway safety authorized under
chapter 301 and part C of subtitle VI of title 49, United States
Code, $180,075,000, of which $20,000,000 shall remain available
through September 30, 2018.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 743
OPERATIONS AND RESEARCH
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out the provisions of 23 U.S.C. 403, and chapter 303 of title 49, United States
Code, $145,900,000, to be derived from the Highway Trust Fund
(other than the Mass Transit Account) and to remain available
until expended: Provided, That none of the funds in this Act shall
be available for the planning or execution of programs the total
obligations for which, in fiscal year 2017, are in excess of
$145,900,000, of which $140,700,000 shall be for programs authorized under 23 U.S.C. 403 and $5,200,000 shall be for the National
Driver Register authorized under chapter 303 of title 49, United
States Code: Provided further, That within the $145,900,000 obligation limitation for operations and research, $20,000,000 shall
remain available until September 30, 2018, and shall be in addition
to the amount of any limitation imposed on obligations for future
years.
HIGHWAY TRAFFIC SAFETY GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in carrying out provisions
of 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the Fixing
America’s Surface Transportation Act, to remain available until
expended, $585,372,000, to be derived from the Highway Trust
Fund (other than the Mass Transit Account): Provided, That none
of the funds in this Act shall be available for the planning or
execution of programs the total obligations for which, in fiscal
year 2017, are in excess of $585,372,000 for programs authorized
under 23 U.S.C. 402, 404, and 405, and section 4001(a)(6) of the
Fixing America’s Surface Transportation Act, of which $252,300,000
shall be for ‘‘Highway Safety Programs’’ under 23 U.S.C. 402;
$277,500,000 shall be for ‘‘National Priority Safety Programs’’ under
23 U.S.C. 405; $29,500,000 shall be for ‘‘High Visibility Enforcement
Program’’ under 23 U.S.C. 404; $26,072,000 shall be for ‘‘Administrative Expenses’’ under section 4001(a)(6) of the Fixing America’s
Surface Transportation Act: Provided further, That none of these
funds shall be used for construction, rehabilitation, or remodeling
costs, or for office furnishings and fixtures for State, local or private
buildings or structures: Provided further, That not to exceed
$500,000 of the funds made available for ‘‘National Priority Safety
Programs’’ under 23 U.S.C. 405 for ‘‘Impaired Driving Countermeasures’’ (as described in subsection (d) of that section) shall
be available for technical assistance to the States: Provided further,
That with respect to the ‘‘Transfers’’ provision under 23 U.S.C.
405(a)(8), any amounts transferred to increase the amounts made
available under section 402 shall include the obligation authority
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PUBL031
131 STAT. 744
Notification.
Deadline.
PUBLIC LAW 115–31—MAY 5, 2017
for such amounts: Provided further, That the Administrator shall
notify the House and Senate Committees on Appropriations of any
exercise of the authority granted under the previous proviso or
under 23 U.S.C. 405(a)(8) within 5 days.
ADMINISTRATIVE PROVISIONS—NATIONAL HIGHWAY TRAFFIC SAFETY
ADMINISTRATION
SEC. 140. An additional $130,000 shall be made available to
the National Highway Traffic Safety Administration, out of the
amount limited for section 402 of title 23, United States Code,
to pay for travel and related expenses for State management reviews
and to pay for core competency development training and related
expenses for highway safety staff.
SEC. 141. The limitations on obligations for the programs of
the National Highway Traffic Safety Administration set in this
Act shall not apply to obligations for which obligation authority
was made available in previous public laws but only to the extent
that the obligation authority has not lapsed or been used.
SEC. 142. None of the funds made available by this Act may
be used to obligate or award funds for the National Highway
Traffic Safety Administration’s National Roadside Survey.
SEC. 143. None of the funds made available by this Act may
be used to mandate global positioning system (GPS) tracking in
private passenger motor vehicles without providing full and appropriate consideration of privacy concerns under 5 U.S.C. chapter
5, subchapter II.
FEDERAL RAILROAD ADMINISTRATION
SAFETY AND OPERATIONS
For necessary expenses of the Federal Railroad Administration,
not otherwise provided for, $218,298,000, of which $15,900,000 shall
remain available until expended.
RAILROAD RESEARCH AND DEVELOPMENT
For necessary expenses for railroad research and development,
$40,100,000, to remain available until expended.
RAILROAD REHABILITATION AND IMPROVEMENT FINANCING PROGRAM
Loans.
The Secretary of Transportation is authorized to issue direct
loans and loan guarantees pursuant to sections 501 through 504
of the Railroad Revitalization and Regulatory Reform Act of 1976
(Public Law 94–210), as amended, such authority shall exist as
long as any such direct loan or loan guarantee is outstanding:
Provided, That pursuant to section 502 of such Act, as amended,
no new direct loans or loan guarantee commitments shall be made
using Federal funds for the credit risk premium during fiscal year
2017, except for Federal funds awarded in accordance with section
3028(c) of Public Law 114–94.
FEDERAL-STATE PARTNERSHIP FOR STATE OF GOOD REPAIR GRANTS
For necessary expenses related to Federal-State Partnership
for State of Good Repair Grants as authorized by section 24911
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 745
of title 49, United States Code, $25,000,000, to remain available
until expended: Provided, That the Secretary may withhold up
to one percent of the amount provided under this heading for
the costs of project management oversight of grants carried out
under section 24911 of title 49, United States Code.
CONSOLIDATED RAIL INFRASTRUCTURE AND SAFETY IMPROVEMENTS
GRANTS
For necessary expenses related to Consolidated Rail Infrastructure and Safety Improvements Grants as authorized by section
24407 of title 49, United States Code, $68,000,000, to remain available until expended, for projects eligible under sections 24407(c)(1)
through 24407(c)(10) of title 49, United States Code, of which
$10,000,000 shall be available for eligible projects under section
24407(c)(2) of title 49, United States Code, that contribute to the
initiation or restoration of intercity passenger rail service: Provided,
That the Secretary may withhold up to one percent of the amount
provided under this heading for the costs of project management
oversight of grants carried out under section 24407 of title 49,
United States Code.
RESTORATION AND ENHANCEMENT GRANTS
For necessary expenses related to Restoration and Enhancement Grants, as authorized by section 24408 of title 49, United
States Code, $5,000,000, to remain available until expended: Provided, That the Secretary may withhold up to one percent of the
funds provided under this heading to fund the costs of project
management and oversight.
NORTHEAST CORRIDOR GRANTS TO THE NATIONAL RAILROAD
PASSENGER CORPORATION
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associated with the Northeast Corridor as authorized by section 11101(a)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94), $328,000,000, to remain available until
expended: Provided, That the Secretary may retain up to onehalf of 1 percent of the funds provided under both this heading
and the National Network Grants to the National Railroad Passenger Corporation heading to fund the costs of project management
and oversight of activities authorized by section 11101(c) of division
A of Public Law 114–94: Provided further, That in addition to
the project management oversight funds authorized under section
11101(c) of division A of Public Law 114–94, the Secretary may
retain up to an additional $5,000,000 of the funds provided under
this heading to fund expenses associated with the Northeast Corridor Commission established under section 24905 of title 49, United
States Code: Provided further, That of the amounts made available
under this heading and the National Network Grants to the
National Railroad Passenger Corporation heading, not less than
$50,000,000 shall be made available to bring Amtrak-served facilities and stations into compliance with the Americans with Disabilities Act.
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PUBL031
131 STAT. 746
PUBLIC LAW 115–31—MAY 5, 2017
NATIONAL NETWORK GRANTS TO THE NATIONAL RAILROAD PASSENGER
CORPORATION
To enable the Secretary of Transportation to make grants to
the National Railroad Passenger Corporation for activities associated with the National Network as authorized by section 11101(b)
of the Fixing America’s Surface Transportation Act (division A
of Public Law 114–94), $1,167,000,000, to remain available until
expended: Provided, That the Secretary may retain up to an additional $2,000,000 of the funds provided under this heading to fund
expenses associated with the State-Supported Route Committee
established under 24712 of title 49, United States Code.
ADMINISTRATIVE PROVISIONS—FEDERAL RAILROAD ADMINISTRATION
Waiver authority.
Determination.
Reports.
Deadline.
Reports.
Deadline.
Summary.
Time periods.
SEC. 150. None of the funds provided to the National Railroad
Passenger Corporation may be used to fund any overtime costs
in excess of $35,000 for any individual employee: Provided, That
the President of Amtrak may waive the cap set in the previous
proviso for specific employees when the President of Amtrak determines such a cap poses a risk to the safety and operational efficiency
of the system: Provided further, That the President of Amtrak
shall report to the House and Senate Committees on Appropriations
each quarter within 30 days of such quarter of the calendar year
on waivers granted to employees and amounts paid above the
cap for each month within such quarter and delineate the reasons
each waiver was granted: Provided further, That the President
of Amtrak shall report to the House and Senate Committees on
Appropriations by March 1, 2017, a summary of all overtime payments incurred by the Corporation for 2016 and the three prior
calendar years: Provided further, That such summary shall include
the total number of employees that received waivers and the total
overtime payments the Corporation paid to those employees
receiving waivers for each month for 2016 and for the three prior
calendar years.
FEDERAL TRANSIT ADMINISTRATION
ADMINISTRATIVE EXPENSES
Deadline.
Reports.
Time period.
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For necessary administrative expenses of the Federal Transit
Administration’s programs authorized by chapter 53 of title 49,
United States Code, $113,165,000: Provided, That none of the funds
provided or limited in this Act may be used to create a permanent
office of transit security under this heading: Provided further, That
upon submission to the Congress of the fiscal year 2018 President’s
budget, the Secretary of Transportation shall transmit to Congress
the annual report on New Starts, including proposed allocations
for fiscal year 2018.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 747
TRANSIT FORMULA GRANTS
(LIQUIDATION OF CONTRACT AUTHORIZATION)
(LIMITATION ON OBLIGATIONS)
(HIGHWAY TRUST FUND)
For payment of obligations incurred in the Federal Public
Transportation Assistance Program in this account, and for payment
of obligations incurred in carrying out the provisions of 49 U.S.C.
5305, 5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337,
5339, and 5340, as amended by the Fixing America’s Surface
Transportation Act, and section 20005(b) of Public Law 112–141,
and sections 3006(b) and 3028 of the Fixing America’s Surface
Transportation Act, $10,800,000,000, to be derived from the Mass
Transit Account of the Highway Trust Fund and to remain available
until expended: Provided, That funds available for the implementation or execution of programs authorized under 49 U.S.C. 5305,
5307, 5310, 5311, 5312, 5314, 5318, 5329(e)(6), 5335, 5337, 5339,
and 5340, as amended by the Fixing America’s Surface Transportation Act, and section 20005(b) of Public Law 112–141, and sections
3006(b) and 3028 of the Fixing America’s Surface Transportation
Act, shall not exceed total obligations of $9,733,706,043 in fiscal
year 2017: Provided further, That the Federal share of the cost
of activities carried out under section 5312 shall not exceed 80
percent, except that if there is substantial public interest or benefit,
the Secretary may approve a greater Federal share.
TECHNICAL ASSISTANCE AND TRAINING
For necessary expenses to carry out 49 U.S.C. 5314, $5,000,000.
CAPITAL INVESTMENT GRANTS
For necessary expenses to carry out 49 U.S.C. 5309 and section
3005(b) of the FAST Act, $2,412,631,000, to remain available until
expended.
GRANTS TO THE WASHINGTON METROPOLITAN AREA TRANSIT
AUTHORITY
For grants to the Washington Metropolitan Area Transit
Authority as authorized under section 601 of division B of Public
Law 110–432, $150,000,000, to remain available until expended:
Provided, That the Secretary of Transportation shall approve grants
for capital and preventive maintenance expenditures for the Washington Metropolitan Area Transit Authority only after receiving
and reviewing a request for each specific project: Provided further,
That prior to approving such grants, the Secretary shall certify
that the Washington Metropolitan Area Transit Authority is making
progress to improve its safety management system in response
to the Federal Transit Administration’s 2015 safety management
inspection: Provided further, That prior to approving such grants,
the Secretary shall certify that the Washington Metropolitan Area
Transit Authority is making progress toward full implementation
of the corrective actions identified in the 2014 Financial Management Oversight Review Report: Provided further, That the Secretary
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Certification.
Certification.
Determination.
PUBL031
131 STAT. 748
Waiver authority.
PUBLIC LAW 115–31—MAY 5, 2017
shall determine that the Washington Metropolitan Area Transit
Authority has placed the highest priority on those investments
that will improve the safety of the system before approving such
grants: Provided further, That the Secretary, in order to ensure
safety throughout the rail system, may waive the requirements
of section 601(e)(1) of division B of Public Law 110–432 (112 Stat.
4968).
ADMINISTRATIVE PROVISIONS—FEDERAL TRANSIT ADMINISTRATION
(INCLUDING RESCISSION)
Deadline.
Transfer
authority.
Texas.
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SEC. 160. The limitations on obligations for the programs of
the Federal Transit Administration shall not apply to any authority
under 49 U.S.C. 5338, previously made available for obligation,
or to any other authority previously made available for obligation.
SEC. 161. Notwithstanding any other provision of law, funds
appropriated or limited by this Act under the heading ‘‘Fixed Guideway Capital Investment’’ of the Federal Transit Administration
for projects specified in this Act or identified in reports accompanying this Act not obligated by September 30, 2021, and other
recoveries, shall be directed to projects eligible to use the funds
for the purposes for which they were originally provided.
SEC. 162. Notwithstanding any other provision of law, any
funds appropriated before October 1, 2016, under any section of
chapter 53 of title 49, United States Code, that remain available
for expenditure, may be transferred to and administered under
the most recent appropriation heading for any such section.
SEC. 163. (a) Except as provided in subsection (b), none of
the funds in this or any other Act may be available to advance
in any way a new light or heavy rail project towards a full funding
grant agreement as defined by 49 U.S.C. 5309 for the Metropolitan
Transit Authority of Harris County, Texas if the proposed capital
project is constructed on or planned to be constructed on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas.
(b) The Metropolitan Transit Authority of Harris County, Texas,
may attempt to construct or construct a new fixed guideway capital
project, including light rail, in the locations referred to in subsection
(a) if—
(1) voters in the jurisdiction that includes such locations
approve a ballot proposition that specifies routes on Richmond
Avenue west of South Shepherd Drive or on Post Oak Boulevard
north of Richmond Avenue in Houston, Texas; and
(2) the proposed construction of such routes is part of
a comprehensive, multi-modal, service-area wide transportation
plan that includes multiple additional segments of fixed guideway capital projects, including light rail for the jurisdiction
set forth in the ballot proposition. The ballot language shall
include reasonable cost estimates, sources of revenue to be
used and the total amount of bonded indebtedness to be
incurred as well as a description of each route and the beginning and end point of each proposed transit project.
SEC. 164. Any unobligated amounts made available for fiscal
year 2012 or prior fiscal years to carry out the discretionary job
access and reverse commute program under section 3037 of the
transportation equity act for the 21st century are hereby rescinded:
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131 STAT. 749
Provided, That such amounts are made available for projects eligible
under 49 U.S.C. 5309(q).
SEC. 165. Section 5307(a) of title 49, United States Code, is
amended by striking paragraphs (2) and (3) and inserting the
following:
‘‘(2) The Secretary may make grants under this section
to finance the operating cost of equipment and facilities for
use in public transportation, excluding rail fixed guideway,
in an urbanized area with a population of not fewer than
200,000 individuals, as determined by the Bureau of the
Census—
‘‘(A) for public transportation systems that—
‘‘(i) operate 75 or fewer buses in fixed route service
or demand response service, excluding ADA complementary paratransit service, during peak service
hours, in an amount not to exceed 75 percent of the
share of the apportionment which is attributable to
such systems within the urbanized area, as measured
by vehicle revenue hours; or
‘‘(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand
response service, excluding ADA complementary paratransit service, during peak service hours, in an
amount not to exceed 50 percent of the share of the
apportionment which is attributable to such systems
within the urbanized area, as measured by vehicle
revenue hours; or
‘‘(B) subject to paragraph (3), for public transportation
systems that—
‘‘(i) operate 75 or fewer buses in fixed route service
or demand response service, excluding ADA complementary paratransit service, during peak service
hours, in an amount not to exceed 75 percent of the
share of the apportionment allocated to such systems
within the urbanized area, as determined by the local
planning process and included in the designated recipient’s final program of projects prepared under subsection (b); or
‘‘(ii) operate a minimum of 76 buses and a maximum of 100 buses in fixed route service or demand
response service, excluding ADA complementary paratransit service during peak service hours, in an amount
not to exceed 50 percent of the share of the apportionment allocated to such systems within the urbanized
area, as determined by the local planning process and
included in the designated recipient’s final program
of projects prepared under subsection (b).
‘‘(3) The amount available to a public transportation system
under subparagraph (B) of paragraph (2) shall be not more
than 10 percent greater than the amount that would otherwise
be available to the system under subparagraph (A) of that
paragraph.’’.
SAINT LAWRENCE SEAWAY DEVELOPMENT CORPORATION
The Saint Lawrence Seaway Development Corporation is
hereby authorized to make such expenditures, within the limits
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Expenditure
authority.
Contracts.
PUBL031
131 STAT. 750
PUBLIC LAW 115–31—MAY 5, 2017
of funds and borrowing authority available to the Corporation,
and in accord with law, and to make such contracts and commitments without regard to fiscal year limitations as provided by
section 104 of the Government Corporation Control Act, as
amended, as may be necessary in carrying out the programs set
forth in the Corporation’s budget for the current fiscal year.
OPERATIONS AND MAINTENANCE
(HARBOR MAINTENANCE TRUST FUND)
For necessary expenses to conduct the operations, maintenance,
and capital asset renewal activities of those portions of the St.
Lawrence Seaway owned, operated, and maintained by the Saint
Lawrence Seaway Development Corporation, $36,028,000, to be
derived from the Harbor Maintenance Trust Fund, pursuant to
Public Law 99–662.
MARITIME ADMINISTRATION
MARITIME SECURITY PROGRAM
For necessary expenses to maintain and preserve a U.S.-flag
merchant fleet to serve the national security needs of the United
States, $300,000,000, to remain available until expended.
OPERATIONS AND TRAINING
Deadline.
Reports.
For necessary expenses of operations and training activities
authorized by law, $175,560,000, of which $22,000,000 shall remain
available until expended for maintenance and repair of training
ships at State Maritime Academies, and of which $6,000,000 shall
remain available until expended for National Security Multi-Mission
Vessel Program for State Maritime Academies and National Security, and of which $2,400,000 shall remain available through September 30, 2018, for the Student Incentive Program at State Maritime Academies, and of which $1,800,000 shall remain available
until expended for training ship fuel assistance payments, and
of which $14,218,000 shall remain available until expended for
facilities maintenance and repair, equipment, and capital improvements at the United States Merchant Marine Academy, and of
which $3,000,000 shall remain available through September 30,
2018, for Maritime Environment and Technology Assistance program authorized under section 50307 of title 46, United States
Code, and of which $5,000,000 shall remain available until expended
for the Short Sea Transportation Program (America’s Marine Highways) to make grants for the purposes authorized under sections
55601(b)(1) and (3) of title 46, United States Code: Provided, That
not later than January 12, 2018, the Administrator of the Maritime
Administration shall transmit to the House and Senate Committees
on Appropriations the annual report on sexual assault and sexual
harassment at the United States Merchant Marine Academy as
required pursuant to section 3507 of Public Law 110–417.
ASSISTANCE TO SMALL SHIPYARDS
Grants.
Deadlines.
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To make grants to qualified shipyards as authorized under
section 54101 of title 46, United States Code, as amended by Public
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 751
Law 113–281, $10,000,000 to remain available until expended: Provided, That the Secretary shall issue the Notice of Funding Availability no later than 15 days after enactment of this Act: Provided
further, That from applications submitted under the previous proviso, the Secretary of Transportation shall make grants no later
than 120 days after enactment of this Act in such amounts as
the Secretary determines: Provided further, That not to exceed
2 percent of the funds appropriated under this heading shall be
available for necessary costs of grant administration.
Notice.
Determination.
SHIP DISPOSAL
For necessary expenses related to the disposal of obsolete vessels in the National Defense Reserve Fleet of the Maritime Administration, $34,000,000, to remain available until expended, of which
$24,000,000 shall be for the decommissioning of the Nuclear Ship
Savannah.
MARITIME GUARANTEED LOAN (TITLE XI) PROGRAM ACCOUNT
(INCLUDING TRANSFER OF FUNDS)
For administrative expenses to carry out the guaranteed loan
program, $3,000,000, which shall be transferred to and merged
with the appropriations for ‘‘Operations and Training’’, Maritime
Administration.
ADMINISTRATIVE PROVISIONS—MARITIME ADMINISTRATION
SEC. 170. Notwithstanding any other provision of this Act,
in addition to any existing authority, the Maritime Administration
is authorized to furnish utilities and services and make necessary
repairs in connection with any lease, contract, or occupancy
involving Government property under control of the Maritime
Administration: Provided, That payments received therefor shall
be credited to the appropriation charged with the cost thereof
and shall remain available until expended: Provided further, That
rental payments under any such lease, contract, or occupancy for
items other than such utilities, services, or repairs shall be covered
into the Treasury as miscellaneous receipts.
SEC. 171. None of the funds available or appropriated in this
Act shall be used by the United States Department of Transportation or the United States Maritime Administration to negotiate
or otherwise execute, enter into, facilitate or perform fee-for-service
contracts for vessel disposal, scrapping or recycling, unless there
is no qualified domestic ship recycler that will pay any sum of
money to purchase and scrap or recycle a vessel owned, operated
or managed by the Maritime Administration or that is part of
the National Defense Reserve Fleet: Provided, That such sales
offers must be consistent with the solicitation and provide that
the work will be performed in a timely manner at a facility qualified
within the meaning of section 3502 of Public Law 106–398: Provided
further, That nothing contained herein shall affect the Maritime
Administration’s authority to award contracts at least cost to the
Federal Government and consistent with the requirements of 54
U.S.C. 308704, section 3502, or otherwise authorized under the
Federal Acquisition Regulation.
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Contracts.
Contracts.
PUBL031
131 STAT. 752
PUBLIC LAW 115–31—MAY 5, 2017
PIPELINE
AND
HAZARDOUS MATERIALS SAFETY ADMINISTRATION
OPERATIONAL EXPENSES
Regulations.
Plans.
Deadline.
49 USC 60102
note.
For necessary operational expenses of the Pipeline and Hazardous Materials Safety Administration, $22,500,000: Provided,
That the Secretary of Transportation shall issue a final rule to
expand the applicability of comprehensive oil spill response plans
no later than August 1, 2017: Provided further, That $1,500,000
shall be for ‘‘Pipeline Safety Information Grants to Communities’’
as authorized under section 60130 of title 49, United States Code.
HAZARDOUS MATERIALS SAFETY
For expenses necessary to discharge the hazardous materials
safety functions of the Pipeline and Hazardous Materials Safety
Administration, $57,000,000, of which $7,570,000 shall remain
available until September 30, 2019: Provided, That up to $800,000
in fees collected under 49 U.S.C. 5108(g) shall be deposited in
the general fund of the Treasury as offsetting receipts: Provided
further, That there may be credited to this appropriation, to be
available until expended, funds received from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training, for reports publication and dissemination, and for travel expenses incurred in performance of hazardous materials exemptions and approvals functions.
PIPELINE SAFETY
(PIPELINE SAFETY FUND)
(OIL SPILL LIABILITY TRUST FUND)
For expenses necessary to conduct the functions of the pipeline
safety program, for grants-in-aid to carry out a pipeline safety
program, as authorized by 49 U.S.C. 60107, and to discharge the
pipeline program responsibilities of the Oil Pollution Act of 1990,
$156,288,000, of which $20,288,000 shall be derived from the Oil
Spill Liability Trust Fund and shall remain available until September 30, 2019; and of which $128,000,000 shall be derived from
the Pipeline Safety Fund, of which $63,335,000 shall remain available until September 30, 2019; and of which $8,000,000 shall be
derived from the Pipeline Safety Fund as provided in 49 U.S.C.
60302 (section 12 of the PIPES Act of 2016 (Public Law 114–
183)) from the Underground Natural Gas Storage Facility Safety
Account for the purpose of carrying out 49 U.S.C. 60141 of such
Act (section 12 of the PIPES Act of 2016 (Public Law 114–183)),
of which $6,000,000 shall remain available until September 30,
2019: Provided, That not less than $1,058,000 of the funds provided
under this heading shall be for the One-Call State grant program.
EMERGENCY PREPAREDNESS GRANTS
(EMERGENCY PREPAREDNESS FUND)
Notwithstanding the fiscal year limitation specified in 49 U.S.C.
5116, not more than $28,318,000 shall be made available for obligation in fiscal year 2017 from amounts made available by 49 U.S.C.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 753
5116(h), and 5128(b) and (c): Provided, That notwithstanding 49
U.S.C. 5116(h)(4), not more than 4 percent of the amounts made
available from this account shall be available to pay administrative
costs: Provided further, That none of the funds made available
by 49 U.S.C. 5116(h), 5128(b), or 5128(c) shall be made available
for obligation by individuals other than the Secretary of Transportation, or his or her designee: Provided further, That notwithstanding 49 U.S.C. 5128(b) and (c) and the current year obligation
limitation, prior year recoveries recognized in the current year
shall be available to develop a hazardous materials response
training curriculum for emergency responders, including response
activities for the transportation of crude oil, ethanol and other
flammable liquids by rail, consistent with National Fire Protection
Association standards, and to make such training available through
an electronic format: Provided further, That the prior year recoveries made available under this heading shall also be available
to carry out 49 U.S.C. 5116(a)(1)(C) and 5116(i).
OFFICE
OF INSPECTOR
GENERAL
SALARIES AND EXPENSES
For necessary expenses of the Office of the Inspector General
to carry out the provisions of the Inspector General Act of 1978,
as amended, $90,152,000: Provided, That the Inspector General
shall have all necessary authority, in carrying out the duties specified in the Inspector General Act, as amended (5 U.S.C. App.
3), to investigate allegations of fraud, including false statements
to the government (18 U.S.C. 1001), by any person or entity that
is subject to regulation by the Department of Transportation: Provided further, That the funds made available under this heading
may be used to investigate, pursuant to section 41712 of title
49, United States Code: (1) unfair or deceptive practices and unfair
methods of competition by domestic and foreign air carriers and
ticket agents; and (2) the compliance of domestic and foreign air
carriers with respect to item (1) of this proviso.
GENERAL PROVISIONS—DEPARTMENT
OF
TRANSPORTATION
SEC. 180. (a) During the current fiscal year, applicable appropriations to the Department of Transportation shall be available
for maintenance and operation of aircraft; hire of passenger motor
vehicles and aircraft; purchase of liability insurance for motor
vehicles operating in foreign countries on official department business; and uniforms or allowances therefor, as authorized by law
(5 U.S.C. 5901–5902).
(b) During the current fiscal year, applicable appropriations
to the Department and its operating administrations shall be available for the purchase, maintenance, operation, and deployment
of unmanned aircraft systems that advance the Department’s, or
its operating administrations’, missions.
(c) Any unmanned aircraft system purchased or procured by
the Department prior to the enactment of this Act shall be deemed
authorized.
SEC. 181. Appropriations contained in this Act for the Department of Transportation shall be available for services as authorized
by 5 U.S.C. 3109, but at rates for individuals not to exceed the
per diem rate equivalent to the rate for an Executive Level IV.
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PUBL031
131 STAT. 754
Political
appointees.
Loans.
Grants.
Notifications.
Deadlines.
Lists.
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PUBLIC LAW 115–31—MAY 5, 2017
SEC. 182. None of the funds in this Act shall be available
for salaries and expenses of more than 110 political and Presidential
appointees in the Department of Transportation: Provided, That
none of the personnel covered by this provision may be assigned
on temporary detail outside the Department of Transportation.
SEC. 183. (a) No recipient of funds made available in this
Act shall disseminate personal information (as defined in 18 U.S.C.
2725(3)) obtained by a State department of motor vehicles in connection with a motor vehicle record as defined in 18 U.S.C. 2725(1),
except as provided in 18 U.S.C. 2721 for a use permitted under
18 U.S.C. 2721.
(b) Notwithstanding subsection (a), the Secretary shall not withhold funds provided in this Act for any grantee if a State is in
noncompliance with this provision.
SEC. 184. Funds received by the Federal Highway Administration and Federal Railroad Administration from States, counties,
municipalities, other public authorities, and private sources for
expenses incurred for training may be credited respectively to the
Federal Highway Administration’s ‘‘Federal-Aid Highways’’ account
and to the Federal Railroad Administration’s ‘‘Safety and Operations’’ account, except for State rail safety inspectors participating
in training pursuant to 49 U.S.C. 20105.
SEC. 185. (a) None of the funds provided in this Act to the
Department of Transportation may be used to make a loan, loan
guarantee, line of credit, or discretionary grant totaling $500,000
or more unless the Secretary of Transportation notifies the House
and Senate Committees on Appropriations not less than 3 full
business days before any project competitively selected to receive
any discretionary grant award, letter of intent, loan commitment,
loan guarantee commitment, line of credit commitment, or full
funding grant agreement is announced by the Department or its
modal administrations: Provided, That the Secretary gives concurrent notification to the House and Senate Committees on Appropriations for any ‘‘quick release’’ of funds from the emergency relief
program: Provided further, That no notification shall involve funds
that are not available for obligation.
(b) In addition to the notification required in subsection (a),
none of the funds made available in this Act to the Department
of Transportation may be used to make a loan, loan guarantee,
line of credit, or discretionary grant unless the Secretary of
Transportation provides the House and Senate Committees on
Appropriations a comprehensive list of all such loans, loan guarantees, lines of credit, or discretionary grants that will be announced
not less the 3 full business days before such announcement: Provided, That the requirement to provide a list in this subsection
does not apply to any ‘‘quick release’’ of funds from the emergency
relief program: Provided further, That no list shall involve funds
that are not available for obligation.
SEC. 186. Rebates, refunds, incentive payments, minor fees
and other funds received by the Department of Transportation
from travel management centers, charge card programs, the subleasing of building space, and miscellaneous sources are to be
credited to appropriations of the Department of Transportation
and allocated to elements of the Department of Transportation
using fair and equitable criteria and such funds shall be available
until expended.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 755
SEC. 187. Amounts made available in this or any other Act
that the Secretary determines represent improper payments by
the Department of Transportation to a third-party contractor under
a financial assistance award, which are recovered pursuant to law,
shall be available—
(1) to reimburse the actual expenses incurred by the
Department of Transportation in recovering improper payments; and
(2) to pay contractors for services provided in recovering
improper payments or contractor support in the implementation
of the Improper Payments Information Act of 2002: Provided,
That amounts in excess of that required for paragraphs (1)
and (2)—
(A) shall be credited to and merged with the appropriation from which the improper payments were made, and
shall be available for the purposes and period for which
such appropriations are available: Provided further, That
where specific project or accounting information associated
with the improper payment or payments is not readily
available, the Secretary may credit an appropriate account,
which shall be available for the purposes and period associated with the account so credited; or
(B) if no such appropriation remains available, shall
be deposited in the Treasury as miscellaneous receipts:
Provided further, That prior to the transfer of any such
recovery to an appropriations account, the Secretary shall
notify the House and Senate Committees on Appropriations
of the amount and reasons for such transfer: Provided
further, That for purposes of this section, the term
‘‘improper payments’’ has the same meaning as that provided in section 2(d)(2) of Public Law 107–300.
SEC. 188. Notwithstanding any other provision of law, if any
funds provided in or limited by this Act are subject to a reprogramming action that requires notice to be provided to the House and
Senate Committees on Appropriations, transmission of said reprogramming notice shall be provided solely to the House and
Senate Committees on Appropriations, and said reprogramming
action shall be approved or denied solely by the House and Senate
Committees on Appropriations: Provided, That the Secretary of
Transportation may provide notice to other congressional committees of the action of the House and Senate Committees on Appropriations on such reprogramming but not sooner than 30 days
following the date on which the reprogramming action has been
approved or denied by the House and Senate Committees on Appropriations.
SEC. 189. Funds appropriated in this Act to the modal administrations may be obligated for the Office of the Secretary for the
costs related to assessments or reimbursable agreements only when
such amounts are for the costs of goods and services that are
purchased to provide a direct benefit to the applicable modal
administration or administrations.
SEC. 190. The Secretary of Transportation is authorized to
carry out a program that establishes uniform standards for developing and supporting agency transit pass and transit benefits
authorized under section 7905 of title 5, United States Code,
including distribution of transit benefits by various paper and electronic media.
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Determination.
Reimbursement.
Notification.
Definition.
Notification.
Deadline.
PUBL031
131 STAT. 756
PUBLIC LAW 115–31—MAY 5, 2017
SEC. 191. The Department of Transportation may use funds
provided by this Act, or any other Act, to assist a contract under
title 49 U.S.C. or title 23 U.S.C. utilizing geographic, economic,
or any other hiring preference not otherwise authorized by law,
or to amend a rule, regulation, policy or other measure that forbids
a recipient of a Federal Highway Administration or Federal Transit
Administration grant from imposing such hiring preference on a
contract or construction project with which the Department of
Transportation is assisting, only if the grant recipient certifies
the following:
(1) that except with respect to apprentices or trainees,
a pool of readily available but unemployed individuals possessing the knowledge, skill, and ability to perform the work
that the contract requires resides in the jurisdiction;
(2) that the grant recipient will include appropriate provisions in its bid document ensuring that the contractor does
not displace any of its existing employees in order to satisfy
such hiring preference; and
(3) that any increase in the cost of labor, training, or
delays resulting from the use of such hiring preference does
not delay or displace any transportation project in the
applicable Statewide Transportation Improvement Program or
Transportation Improvement Program.
SEC. 192. Section 5303(r)(2)(C) of title 49, United States Code,
is amended—
(1) by inserting ‘‘and 25 square miles of land area’’ after
‘‘145,000’’; and
(2) by inserting ‘‘and 12 square miles of land area’’ after
‘‘65,000’’.
This title may be cited as the ‘‘Department of Transportation
Appropriations Act, 2017’’.
TITLE II
Department of
Housing and
Urban
Development Act
Appropriations,
2017.
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
MANAGEMENT
AND
ADMINISTRATION
EXECUTIVE OFFICES
For necessary salaries and expenses for Executive Offices,
which shall be comprised of the offices of the Secretary, Deputy
Secretary, Adjudicatory Services, Congressional and Intergovernmental Relations, Public Affairs, Small and Disadvantaged Business
Utilization, and the Center for Faith-Based and Neighborhood Partnerships, $14,000,000: Provided, That not to exceed $25,000 of
the amount made available under this heading shall be available
to the Secretary for official reception and representation expenses
as the Secretary may determine.
ADMINISTRATIVE SUPPORT OFFICES
For necessary salaries and expenses for Administrative Support
Offices, $517,647,000, of which $53,000,000 shall be available for
the Office of the Chief Financial Officer; $95,250,000 shall be available for the Office of the General Counsel; $206,500,000 shall be
available for the Office of Administration, and of which, no less
than $4,500,000 shall be available for the cost of consolidation
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 757
and reconfiguration of space in the Weaver Building in accordance
with the space consolidation plan which would bring employees
back into such Building and reduce the amount of leased space
for such employees outside of such Building; $40,250,000 shall
be available for the Office of the Chief Human Capital Officer;
$51,000,000 shall be available for the Office of Field Policy and
Management; $18,067,000 shall be available for the Office of the
Chief Procurement Officer; $3,830,000 shall be available for the
Office of Departmental Equal Employment Opportunity; $4,500,000
shall be available for the Office of Strategic Planning and Management; and $45,250,000 shall be available for the Office of the
Chief Information Officer: Provided, That funds provided under
this heading may be used for necessary administrative and nonadministrative expenses of the Department of Housing and Urban
Development, not otherwise provided for, including purchase of
uniforms, or allowances therefor, as authorized by 5 U.S.C. 5901–
5902; hire of passenger motor vehicles; and services as authorized
by 5 U.S.C. 3109: Provided further, That notwithstanding any other
provision of law, funds appropriated under this heading may be
used for advertising and promotional activities that directly support
program activities funded in this title: Provided further, That the
Secretary shall provide the House and Senate Committees on Appropriations quarterly written notification regarding the status of
pending congressional reports: Provided further, That the Secretary
shall provide in electronic form all signed reports required by Congress.
PROGRAM OFFICE SALARIES
AND
Deadlines.
Notification.
Reports.
Reports.
Electronic
submission.
EXPENSES
PUBLIC AND INDIAN HOUSING
For necessary salaries and expenses of the Office of Public
and Indian Housing, $216,000,000.
COMMUNITY PLANNING AND DEVELOPMENT
For necessary salaries and expenses of the Office of Community
Planning and Development, $110,000,000.
HOUSING
For necessary salaries and expenses of the Office of Housing,
$392,000,000.
POLICY DEVELOPMENT AND RESEARCH
For necessary salaries and expenses of the Office of Policy
Development and Research, $24,000,000.
FAIR HOUSING AND EQUAL OPPORTUNITY
For necessary salaries and expenses of the Office of Fair
Housing and Equal Opportunity, $72,000,000.
OFFICE OF LEAD HAZARD CONTROL AND HEALTHY HOMES
For necessary salaries and expenses of the Office of Lead
Hazard Control and Healthy Homes, $9,353,000.
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131 STAT. 758
PUBLIC LAW 115–31—MAY 5, 2017
WORKING CAPITAL FUND
(INCLUDING TRANSFER OF FUNDS)
Determination.
For the working capital fund for the Department of Housing
and Urban Development (referred to in this paragraph as the
‘‘Fund’’), pursuant, in part, to section 7(f) of the Department of
Housing and Urban Development Act (42 U.S.C. 3535(f)), amounts
transferred to the Fund under this heading shall be available for
Federal shared services used by offices and agencies of the Department, and for such portion of any office or agency’s printing, records
management, space renovation, furniture, or supply services as
the Secretary determines shall be derived from centralized sources
made available by the Department to all offices and agencies and
funded through the Fund: Provided, That of the amounts made
available in this title for salaries and expenses under the headings
‘‘Executive Offices’’, ‘‘Administrative Support Offices’’, ‘‘Program
Office Salaries and Expenses’’, and ‘‘Government National Mortgage
Association’’, the Secretary shall transfer to the Fund such amounts,
to remain available until expended, as are necessary to fund services, specified in the first proviso, for which the appropriation
would otherwise have been available, and may transfer not to
exceed an additional $10,000,000, in aggregate, from all such appropriations, to be merged with the Fund and to remain available
until expended for use for any office or agency: Provided further,
That amounts in the Fund shall be the only amounts available
to each office or agency of the Department for the services, or
portion of services, specified in the first proviso: Provided further,
That with respect to the Fund, the authorities and conditions under
this heading shall supplement the authorities and conditions provided under section 7(f).
PUBLIC
AND INDIAN
HOUSING
TENANT-BASED RENTAL ASSISTANCE
Determinations.
Applicability.
Notice.
Federal Register,
publication.
Vouchers.
Determinations.
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For activities and assistance for the provision of tenant-based
rental assistance authorized under the United States Housing Act
of 1937, as amended (42 U.S.C. 1437 et seq.) (‘‘the Act’’ herein),
not otherwise provided for, $16,292,000,000, to remain available
until expended, shall be available on October 1, 2016 (in addition
to the $4,000,000,000 previously appropriated under this heading
that shall be available on October 1, 2016), and $4,000,000,000,
to remain available until expended, shall be available on October
1, 2017: Provided, That the amounts made available under this
heading are provided as follows:
(1) $18,355,000,000 shall be available for renewals of
expiring section 8 tenant-based annual contributions contracts
(including renewals of enhanced vouchers under any provision
of law authorizing such assistance under section 8(t) of the
Act) and including renewal of other special purpose incremental
vouchers: Provided, That notwithstanding any other provision
of law, from amounts provided under this paragraph and any
carryover, the Secretary for the calendar year 2017 funding
cycle shall provide renewal funding for each public housing
agency based on validated voucher management system (VMS)
leasing and cost data for the prior calendar year and by
applying an inflation factor as established by the Secretary,
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131 STAT. 759
by notice published in the Federal Register, and by making
any necessary adjustments for the costs associated with the
first-time renewal of vouchers under this paragraph including
tenant protection, HOPE VI, and Choice Neighborhoods
vouchers: Provided further, That none of the funds provided
under this paragraph may be used to fund a total number
of unit months under lease which exceeds a public housing
agency’s authorized level of units under contract, except for
public housing agencies participating in the MTW demonstration, which are instead governed by the terms and conditions
of their MTW agreements: Provided further, That the Secretary
shall, to the extent necessary to stay within the amount specified under this paragraph (except as otherwise modified under
this paragraph), prorate each public housing agency’s allocation
otherwise established pursuant to this paragraph: Provided
further, That except as provided in the following provisos, the
entire amount specified under this paragraph (except as otherwise modified under this paragraph) shall be obligated to the
public housing agencies based on the allocation and pro rata
method described above, and the Secretary shall notify public
housing agencies of their annual budget by the latter of 60
days after enactment of this Act or March 1, 2017: Provided
further, That the Secretary may extend the notification period
with the prior written approval of the House and Senate
Committees on Appropriations: Provided further, That public
housing agencies participating in the MTW demonstration shall
be funded pursuant to their MTW agreements and shall be
subject to the same pro rata adjustments under the previous
provisos: Provided further, That the Secretary may offset public
housing agencies’ calendar year 2017 allocations based on the
excess amounts of public housing agencies’ net restricted assets
accounts, including HUD held programmatic reserves (in
accordance with VMS data in calendar year 2016 that is
verifiable and complete), as determined by the Secretary: Provided further, That public housing agencies participating in
the MTW demonstration shall also be subject to the offset,
as determined by the Secretary, excluding amounts subject
to the single fund budget authority provisions of their MTW
agreements, from the agencies’ calendar year 2017 MTW
funding allocation: Provided further, That the Secretary shall
use any offset referred to in the previous two provisos throughout the calendar year to prevent the termination of rental
assistance for families as the result of insufficient funding,
as determined by the Secretary, and to avoid or reduce the
proration of renewal funding allocations: Provided further, That
up to $75,000,000 shall be available only: (1) for adjustments
in the allocations for public housing agencies, after application
for an adjustment by a public housing agency that experienced
a significant increase, as determined by the Secretary, in
renewal costs of vouchers resulting from unforeseen circumstances or from portability under section 8(r) of the Act;
(2) for vouchers that were not in use during the previous
12-month period in order to be available to meet a commitment
pursuant to section 8(o)(13) of the Act; (3) for adjustments
for costs associated with HUD-Veterans Affairs Supportive
Housing (HUD–VASH) vouchers; and (4) for public housing
agencies that despite taking reasonable cost savings measures,
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Notification.
Deadline.
Time period.
PUBL031
131 STAT. 760
as determined by the Secretary, would otherwise be required
to terminate rental assistance for families as a result of insufficient funding: Provided further, That the Secretary shall allocate amounts under the previous proviso based on need, as
determined by the Secretary;
(2) $110,000,000 shall be for section 8 rental assistance
for relocation and replacement of housing units that are demolished or disposed of pursuant to section 18 of the Act, conversion
of section 23 projects to assistance under section 8, the family
unification program under section 8(x) of the Act, relocation
of witnesses in connection with efforts to combat crime in
public and assisted housing pursuant to a request from a law
enforcement or prosecution agency, enhanced vouchers under
any provision of law authorizing such assistance under section
8(t) of the Act, HOPE VI and Choice Neighborhood vouchers,
mandatory and voluntary conversions, and tenant protection
assistance including replacement and relocation assistance or
for project-based assistance to prevent the displacement of
unassisted elderly tenants currently residing in section 202
properties financed between 1959 and 1974 that are refinanced
pursuant to Public Law 106–569, as amended, or under the
authority as provided under this Act: Provided, That when
a public housing development is submitted for demolition or
disposition under section 18 of the Act, the Secretary may
provide section 8 rental assistance when the units pose an
imminent health and safety risk to residents: Provided further,
That the Secretary may only provide replacement vouchers
for units that were occupied within the previous 24 months
that cease to be available as assisted housing, subject only
to the availability of funds: Provided further, That of the
amounts made available under this paragraph, $5,000,000 may
be available to provide tenant protection assistance, not otherwise provided under this paragraph, to residents residing in
low vacancy areas and who may have to pay rents greater
than 30 percent of household income, as the result of: (A)
the maturity of a HUD-insured, HUD-held or section 202 loan
that requires the permission of the Secretary prior to loan
prepayment; (B) the expiration of a rental assistance contract
for which the tenants are not eligible for enhanced voucher
or tenant protection assistance under existing law; or (C) the
expiration of affordability restrictions accompanying a mortgage
or preservation program administered by the Secretary: Provided further, That such tenant protection assistance made
available under the previous proviso may be provided under
the authority of section 8(t) or section 8(o)(13) of the United
States Housing Act of 1937 (42 U.S.C. 1437f(t)): Provided further, That any tenant protection voucher made available from
amounts under this paragraph shall not be reissued by any
public housing agency, except the replacement vouchers as
defined by the Secretary by notice, when the initial family
that received any such voucher no longer receives such voucher,
and the authority for any public housing agency to issue any
such voucher shall cease to exist: Provided further, That the
Secretary may provide section 8 rental assistance from amounts
made available under this paragraph for units assisted under
a project-based subsidy contract funded under the ‘‘ProjectBased Rental Assistance’’ heading under this title where the
Time period.
Termination.
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PUBLIC LAW 115–31—MAY 5, 2017
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 761
owner has received a Notice of Default and the units pose
an imminent health and safety risk to residents: Provided
further, That to the extent that the Secretary determines that
such units are not feasible for continued rental assistance payments or transfer of the subsidy contract associated with such
units to another project or projects and owner or owners, any
remaining amounts associated with such units under such contract shall be recaptured and used to reimburse amounts used
under this paragraph for rental assistance under the preceding
proviso;
(3) $1,650,000,000 shall be for administrative and other
expenses of public housing agencies in administering the section
8 tenant-based rental assistance program, of which up to
$10,000,000 shall be available to the Secretary to allocate to
public housing agencies that need additional funds to administer their section 8 programs, including fees associated with
section 8 tenant protection rental assistance, the administration
of disaster related vouchers, Veterans Affairs Supportive
Housing vouchers, and other special purpose incremental
vouchers: Provided, That no less than $1,640,000,000 of the
amount provided in this paragraph shall be allocated to public
housing agencies for the calendar year 2017 funding cycle based
on section 8(q) of the Act (and related Appropriation Act provisions) as in effect immediately before the enactment of the
Quality Housing and Work Responsibility Act of 1998 (Public
Law 105–276): Provided further, That if the amounts made
available under this paragraph are insufficient to pay the
amounts determined under the previous proviso, the Secretary
may decrease the amounts allocated to agencies by a uniform
percentage applicable to all agencies receiving funding under
this paragraph or may, to the extent necessary to provide
full payment of amounts determined under the previous proviso,
utilize unobligated balances, including recaptures and
carryovers, remaining from funds appropriated to the Department of Housing and Urban Development under this heading
from prior fiscal years, excluding special purpose vouchers,
notwithstanding the purposes for which such amounts were
appropriated: Provided further, That all public housing agencies
participating in the MTW demonstration shall be funded pursuant to their MTW agreements, and shall be subject to the
same uniform percentage decrease as under the previous proviso: Provided further, That amounts provided under this paragraph shall be only for activities related to the provision of
tenant-based rental assistance authorized under section 8,
including related development activities;
(4) $120,000,000 for the renewal of tenant-based assistance
contracts under section 811 of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 8013), including necessary
administrative expenses: Provided, That administrative and
other expenses of public housing agencies in administering
the special purpose vouchers in this paragraph shall be funded
under the same terms and be subject to the same pro rata
reduction as the percent decrease for administrative and other
expenses to public housing agencies under paragraph (3) of
this heading: Provided further, That any amounts provided
under this paragraph in this Act or prior Acts, remaining
available after funding renewals and administrative expenses
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Determination.
PUBL031
131 STAT. 762
Notice.
Federal Register,
publication.
Waiver authority.
Reports.
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PUBLIC LAW 115–31—MAY 5, 2017
under this paragraph, shall be available for incremental tenantbased assistance contracts under such section 811, including
necessary administrative expenses;
(5) $7,000,000 shall be for rental assistance and associated
administrative fees for Tribal HUD–VA Supportive Housing
to serve Native American veterans that are homeless or atrisk of homelessness living on or near a reservation or other
Indian areas: Provided, That such amount shall be made available for renewal grants to the recipients that received assistance under the rental assistance and supportive housing demonstration program for Native American veterans authorized
under the heading ‘‘Tenant-Based Rental Assistance’’ in title
II of division K of the Consolidated and Further Continuing
Appropriations Act, 2015 (Public Law 113–235, 128 Stat. 2733):
Provided further, That the Secretary shall be authorized to
specify criteria for renewal grants, including data on the utilization of assistance reported by grant recipients under the demonstration program: Provided further, That any amounts
remaining after such renewal assistance is awarded may be
available for new grants to recipients eligible to receive block
grants under the Native American Housing Assistance and
Self-Determination Act of 1996 (25 U.S.C. section 4101 et seq.)
for rental assistance and associated administrative fees for
Tribal HUD–VA Supportive Housing to serve Native American
veterans that are homeless or at-risk of homelessness living
on or near a reservation or other Indian areas: Provided further,
That funds shall be awarded based on need, and administrative
capacity established by the Secretary in a Notice published
in the Federal Register after coordination with the Secretary
of the Department of Veterans Affairs: Provided further, That
renewal grants and new grants under this paragraph shall
be administered by block grant recipients in accordance with
program requirements under the Native American Housing
Assistance and Self-Determination Act of 1996: Provided further, That assistance under this paragraph shall be modeled
after, with necessary and appropriate adjustments for Native
American grant recipients and veterans, the rental assistance
and supportive housing program known as HUD–VASH program, including administration in conjunction with the Department of Veterans Affairs and overall implementation of section
8(o)(19) of the United States Housing Act of 1937: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for any provision of any statute or regulation that the Secretary of Housing
and Urban Development administers in connection with the
use of funds made available under this paragraph (except for
requirements related to fair housing, nondiscrimination, labor
standards, and the environment), upon a finding by the Secretary that any such waivers or alternative requirements are
necessary for the effective delivery and administration of such
assistance: Provided further, That grant recipients shall report
to the Secretary on utilization of such rental assistance and
other program data, as prescribed by the Secretary;
(6) $40,000,000 for incremental rental voucher assistance
for use through a supported housing program administered
in conjunction with the Department of Veterans Affairs as
authorized under section 8(o)(19) of the United States Housing
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 763
Act of 1937: Provided, That the Secretary of Housing and
Urban Development shall make such funding available, notwithstanding section 204 (competition provision) of this title,
to public housing agencies that partner with eligible VA Medical
Centers or other entities as designated by the Secretary of
the Department of Veterans Affairs, based on geographical
need for such assistance as identified by the Secretary of the
Department of Veterans Affairs, public housing agency administrative performance, and other factors as specified by the Secretary of Housing and Urban Development in consultation with
the Secretary of the Department of Veterans Affairs: Provided
further, That the Secretary of Housing and Urban Development
may waive, or specify alternative requirements for (in consultation with the Secretary of the Department of Veterans Affairs),
any provision of any statute or regulation that the Secretary
of Housing and Urban Development administers in connection
with the use of funds made available under this paragraph
(except for requirements related to fair housing, nondiscrimination, labor standards, and the environment), upon a finding
by the Secretary that any such waivers or alternative requirements are necessary for the effective delivery and administration of such voucher assistance: Provided further, That assistance made available under this paragraph shall continue to
remain available for homeless veterans upon turn-over;
(7) $10,000,000 shall be made available for new incremental
voucher assistance through the family unification program as
authorized by section 8(x) of the Act: Provided, That the assistance made available under this paragraph shall continue to
remain available for family unification upon turnover: Provided
further, That for any public housing agency administering
voucher assistance appropriated in a prior Act under the family
unification program that determines that it no longer has an
identified need for such assistance upon turnover, such agency
shall notify the Secretary, and the Secretary shall recapture
such assistance from the agency and reallocate it to any other
public housing agency or agencies based on need for voucher
assistance in connection with such program; and
(8) the Secretary shall separately track all special purpose
vouchers funded under this heading.
Consultation.
Waiver authority.
Notification.
HOUSING CERTIFICATE FUND
(INCLUDING RESCISSIONS)
Unobligated balances, including recaptures and carryover,
remaining from funds appropriated to the Department of Housing
and Urban Development under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’ and the heading ‘‘Project-Based
Rental Assistance’’, for fiscal year 2017 and prior years may be
used for renewal of or amendments to section 8 project-based contracts and for performance-based contract administrators, notwithstanding the purposes for which such funds were appropriated:
Provided, That any obligated balances of contract authority from
fiscal year 1974 and prior that have been terminated shall be
rescinded: Provided further, That amounts heretofore recaptured,
or recaptured during the current fiscal year, from section 8 projectbased contracts from source years fiscal year 1975 through fiscal
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Contracts.
PUBL031
131 STAT. 764
PUBLIC LAW 115–31—MAY 5, 2017
year 1987 are hereby rescinded, and an amount of additional new
budget authority, equivalent to the amount rescinded is hereby
appropriated, to remain available until expended, for the purposes
set forth under this heading, in addition to amounts otherwise
available.
PUBLIC HOUSING CAPITAL FUND
Definition.
Grants.
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For the Public Housing Capital Fund Program to carry out
capital and management activities for public housing agencies, as
authorized under section 9 of the United States Housing Act of
1937 (42 U.S.C. 1437g) (the ‘‘Act’’) $1,941,500,000, to remain available until September 30, 2020: Provided, That notwithstanding
any other provision of law or regulation, during fiscal year 2017,
the Secretary of Housing and Urban Development may not delegate
to any Department official other than the Deputy Secretary and
the Assistant Secretary for Public and Indian Housing any authority
under paragraph (2) of section 9(j) regarding the extension of the
time periods under such section: Provided further, That for purposes
of such section 9(j), the term ‘‘obligate’’ means, with respect to
amounts, that the amounts are subject to a binding agreement
that will result in outlays, immediately or in the future: Provided
further, That up to $10,000,000 shall be to support ongoing public
housing financial and physical assessment activities: Provided further, That up to $1,000,000 shall be to support the costs of administrative and judicial receiverships: Provided further, That of the
total amount provided under this heading, not to exceed $21,500,000
shall be available for the Secretary to make grants, notwithstanding
section 204 of this Act, to public housing agencies for emergency
capital needs including safety and security measures necessary
to address crime and drug-related activity as well as needs resulting
from unforeseen or unpreventable emergencies and natural disasters excluding Presidentially declared emergencies and natural
disasters under the Robert T. Stafford Disaster Relief and Emergency Act (42 U.S.C. 5121 et seq.) occurring in fiscal year 2017:
Provided further, That of the amount made available under the
previous proviso, not less than $5,000,000 shall be for safety and
security measures: Provided further, That in addition to the amount
in the previous proviso for such safety and security measures,
any amounts that remain available, after all applications received
on or before September 30, 2018, for emergency capital needs have
been processed, shall be allocated to public housing agencies for
such safety and security measures: Provided further, That of the
total amount provided under this heading $35,000,000 shall be
for supportive services, service coordinator and congregate services
as authorized by section 34 of the Act (42 U.S.C. 1437z–6) and
the Native American Housing Assistance and Self-Determination
Act of 1996 (25 U.S.C. 4101 et seq.): Provided further, That of
the total amount made available under this heading, $15,000,000
shall be for a Jobs-Plus initiative modeled after the Jobs-Plus
demonstration: Provided further, That the funding provided under
the previous proviso shall provide competitive grants to partnerships between public housing authorities, local workforce investment boards established under section 117 of the Workforce Investment Act of 1998, and other agencies and organizations that provide
support to help public housing residents obtain employment and
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131 STAT. 765
increase earnings: Provided further, That applicants must demonstrate the ability to provide services to residents, partner with
workforce investment boards, and leverage service dollars: Provided
further, That the Secretary may allow public housing agencies to
request exemptions from rent and income limitation requirements
under sections 3 and 6 of the United States Housing Act of 1937
as necessary to implement the Jobs-Plus program, on such terms
and conditions as the Secretary may approve upon a finding by
the Secretary that any such waivers or alternative requirements
are necessary for the effective implementation of the Jobs-Plus
initiative as a voluntary program for residents: Provided further,
That the Secretary shall publish by notice in the Federal Register
any waivers or alternative requirements pursuant to the preceding
proviso no later than 10 days before the effective date of such
notice: Provided further, That for funds provided under this heading,
the limitation in section 9(g)(1) of the Act shall be 25 percent:
Provided further, That the Secretary may waive the limitation
in the previous proviso to allow public housing agencies to fund
activities authorized under section 9(e)(1)(C) of the Act: Provided
further, That the Secretary shall notify public housing agencies
requesting waivers under the previous proviso if the request is
approved or denied within 14 days of submitting the request: Provided further, That from the funds made available under this
heading, the Secretary shall provide bonus awards in fiscal year
2017 to public housing agencies that are designated high performers: Provided further, That the Department shall notify public
housing agencies of their formula allocation within 60 days of
enactment of this Act: Provided further, That of the total amount
provided under this heading, $25,000,000 shall be available for
competitive grants to public housing agencies to evaluate and reduce
lead-based paint hazards in public housing by carrying out the
activities of risk assessments, abatement, and interim controls (as
those terms are defined in section 1004 of the Residential LeadBased Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851b)):
Provided further, That for purposes of environmental review, a
grant under the previous proviso shall be considered funds for
projects or activities under title I of the United States Housing
Act of 1937 (42 U.S.C. 1437 et seq.) for purposes of section 26
of such Act (42 U.S.C. 1437x) and shall be subject to the regulations
implementing such section.
Notice.
Federal Register,
publication.
Deadline.
Waiver authority.
Notification.
Deadline.
Bonus awards.
Notification.
Deadline.
PUBLIC HOUSING OPERATING FUND
For 2017 payments to public housing agencies for the operation
and management of public housing, as authorized by section 9(e)
of the United States Housing Act of 1937 (42 U.S.C. 1437g(e)),
$4,400,000,000, to remain available until September 30, 2018.
CHOICE NEIGHBORHOODS INITIATIVE
For competitive grants under the Choice Neighborhoods Initiative (subject to section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v), unless otherwise specified under this
heading), for transformation, rehabilitation, and replacement
housing needs of both public and HUD-assisted housing and to
transform neighborhoods of poverty into functioning, sustainable
mixed income neighborhoods with appropriate services, schools,
public assets, transportation and access to jobs, $137,500,000, to
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131 STAT. 766
Determination.
Time period.
Consultation.
PUBLIC LAW 115–31—MAY 5, 2017
remain available until September 30, 2019: Provided, That grant
funds may be used for resident and community services, community
development, and affordable housing needs in the community, and
for conversion of vacant or foreclosed properties to affordable
housing: Provided further, That the use of funds made available
under this heading shall not be deemed to be public housing notwithstanding section 3(b)(1) of such Act: Provided further, That
grantees shall commit to an additional period of affordability determined by the Secretary of not fewer than 20 years: Provided further,
That grantees shall provide a match in State, local, other Federal
or private funds: Provided further, That grantees may include local
governments, tribal entities, public housing authorities, and nonprofits: Provided further, That for-profit developers may apply
jointly with a public entity: Provided further, That for purposes
of environmental review, a grantee shall be treated as a public
housing agency under section 26 of the United States Housing
Act of 1937 (42 U.S.C. 1437x), and grants under this heading
shall be subject to the regulations issued by the Secretary to implement such section: Provided further, That of the amount provided,
not less than $50,000,000 shall be awarded to public housing agencies: Provided further, That such grantees shall create partnerships
with other local organizations including assisted housing owners,
service agencies, and resident organizations: Provided further, That
the Secretary shall consult with the Secretaries of Education, Labor,
Transportation, Health and Human Services, Agriculture, and Commerce, the Attorney General, and the Administrator of the Environmental Protection Agency to coordinate and leverage other appropriate Federal resources: Provided further, That no more than
$5,000,000 of funds made available under this heading may be
provided as grants to undertake comprehensive local planning with
input from residents and the community: Provided further, That
unobligated balances, including recaptures, remaining from funds
appropriated under the heading ‘‘Revitalization of Severely Distressed Public Housing (HOPE VI)’’ in fiscal year 2011 and prior
fiscal years may be used for purposes under this heading, notwithstanding the purposes for which such amounts were appropriated.
FAMILY SELF-SUFFICIENCY
Notice.
Federal Register,
publication.
Waiver authority.
Determination.
Procedures.
VerDate Sep 11 2014
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For the Family Self-Sufficiency program to support family selfsufficiency coordinators under section 23 of the United States
Housing Act of 1937, to promote the development of local strategies
to coordinate the use of assistance under sections 8(o) and 9 of
such Act with public and private resources, and enable eligible
families to achieve economic independence and self-sufficiency,
$75,000,000, to remain available until September 30, 2018: Provided, That the Secretary may, by Federal Register notice, waive
or specify alternative requirements under sections b(3), b(4), b(5),
or c(1) of section 23 of such Act in order to facilitate the operation
of a unified self-sufficiency program for individuals receiving assistance under different provisions of the Act, as determined by the
Secretary: Provided further, That owners of a privately owned multifamily property with a section 8 contract may voluntarily make
a Family Self-Sufficiency program available to the assisted tenants
of such property in accordance with procedures established by the
Secretary: Provided further, That such procedures established
pursuant to the previous proviso shall permit participating tenants
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 767
to accrue escrow funds in accordance with section 23(d)(2) and
shall allow owners to use funding from residual receipt accounts
to hire coordinators for their own Family Self-Sufficiency program.
NATIVE AMERICAN HOUSING BLOCK GRANTS
For the Native American Housing Block Grants program, as
authorized under title I of the Native American Housing Assistance
and Self-Determination Act of 1996 (NAHASDA) (25 U.S.C. 4111
et seq.), $654,000,000, to remain available until September 30,
2021: Provided, That, notwithstanding the Native American
Housing Assistance and Self-Determination Act of 1996, to determine the amount of the allocation under title I of such Act for
each Indian tribe, the Secretary shall apply the formula under
section 302 of such Act with the need component based on singlerace census data and with the need component based on multirace census data, and the amount of the allocation for each Indian
tribe shall be the greater of the two resulting allocation amounts:
Provided further, That of the amounts made available under this
heading, $3,500,000 shall be contracted for assistance for national
or regional organizations representing Native American housing
interests for providing training and technical assistance to Indian
housing authorities and tribally designated housing entities as
authorized under NAHASDA: Provided further, That of the funds
made available under the previous proviso, not less than $2,000,000
shall be made available for a national organization as authorized
under section 703 of NAHASDA (25 U.S.C. 4212): Provided further,
That of the amounts made available under this heading, $3,500,000
shall be to support the inspection of Indian housing units, contract
expertise, training, and technical assistance related to funding provided under this heading and other headings under this Act for
the needs of Native American families and Indian country: Provided
further, That of the amount provided under this heading, $2,000,000
shall be made available for the cost of guaranteed notes and other
obligations, as authorized by title VI of NAHASDA: Provided further, That such costs, including the costs of modifying such notes
and other obligations, shall be as defined in section 502 of the
Congressional Budget Act of 1974, as amended: Provided further,
That these funds are available to subsidize the total principal
amount of any notes and other obligations, any part of which
is to be guaranteed, not to exceed $17,857,142: Provided further,
That the Department will notify grantees of their formula allocation
within 60 days of the date of enactment of this Act: Provided
further, That notwithstanding section 302(d) of NAHASDA, if on
the date of enactment of this Act, a recipient’s total amount of
undisbursed block grant funds in the Department’s line of credit
control system is greater than the sum of its prior 3 years’ initial
formula allocation calculations, the Secretary shall adjust that
recipient’s formula allocation that it would otherwise receive down
by the difference between its total amount of undisbursed block
grant funds in the Department’s line of credit control system on
the date of enactment of this Act, and the sum of its prior 3
years’ initial formula allocation calculations: Provided further, That
grant amounts not allocated to a recipient pursuant to the previous
proviso shall be allocated under the need component of the formula
proportionately among all other Indian tribes not subject to an
adjustment under such proviso: Provided further, That the second
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Applicability.
Notification.
Deadline.
PUBL031
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PUBLIC LAW 115–31—MAY 5, 2017
proviso shall not apply to any Indian tribe that would otherwise
receive a formula allocation of less than $5,000,000: Provided further, That to take effect, the three previous provisos do not require
issuance or amendment of any regulation, shall not be subject
to a formula challenge by an Indian tribe, and shall not be construed
to confer hearing rights under any section of NAHASDA or its
implementing regulations.
INDIAN HOUSING LOAN GUARANTEE FUND PROGRAM ACCOUNT
For the cost of guaranteed loans, as authorized by section
184 of the Housing and Community Development Act of 1992 (12
U.S.C. 1715z–13a), $5,500,000, to remain available until expended:
Provided, That such costs, including the costs of modifying such
loans, shall be as defined in section 502 of the Congressional Budget
Act of 1974: Provided further, That these funds are available to
subsidize total loan principal, any part of which is to be guaranteed,
up to $1,341,463,415, to remain available until expended: Provided
further, That up to $750,000 of this amount may be for administrative contract expenses including management processes and systems
to carry out the loan guarantee program: Provided further, That
an additional $1,727,000 shall be available until expended for such
costs of guaranteed loans authorized under such section 184 issued
to tribes and Indian housing authorities for the construction of
rental housing for law enforcement, healthcare, educational, technical and other skilled workers: Provided further, That the funds
specified in the previous proviso are available to subsidize total
loan principal, any part of which is to be guaranteed, up to
$421,219,512 to remain available until expended: Provided further,
That the Secretary may specify any additional program requirements with respect to the previous two provisos through publication
of a Mortgagee Letter or Notice.
NATIVE HAWAIIAN HOUSING BLOCK GRANT
For the Native Hawaiian Housing Block Grant program, as
authorized under title VIII of the Native American Housing Assistance and Self-Determination Act of 1996 (25 U.S.C. 4111 et seq.),
$2,000,000, to remain available until September 30, 2021.
COMMUNITY PLANNING
AND
DEVELOPMENT
HOUSING OPPORTUNITIES FOR PERSONS WITH AIDS
Contracts.
Notification.
Deadlines.
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For carrying out the Housing Opportunities for Persons with
AIDS program, as authorized by the AIDS Housing Opportunity
Act (42 U.S.C. 12901 et seq.), $356,000,000, to remain available
until September 30, 2018, except that amounts allocated pursuant
to section 854(c)(5) of such Act shall remain available until September 30, 2019: Provided, That the Secretary shall renew all
expiring contracts for permanent supportive housing that initially
were funded under section 854(c)(5) of such Act from funds made
available under this heading in fiscal year 2010 and prior fiscal
years that meet all program requirements before awarding funds
for new contracts under such section: Provided further, That the
Department shall notify grantees of their formula allocation within
60 days of enactment of this Act.
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 769
COMMUNITY DEVELOPMENT FUND
For assistance to units of State and local government, and
to other entities, for economic and community development activities, and for other purposes, $3,060,000,000, to remain available
until September 30, 2019, unless otherwise specified: Provided,
That of the total amount provided, $3,000,000,000 is for carrying
out the community development block grant program under title
I of the Housing and Community Development Act of 1974, as
amended (‘‘the Act’’ herein) (42 U.S.C. 5301 et seq.): Provided further, That unless explicitly provided for under this heading, not
to exceed 20 percent of any grant made with funds appropriated
under this heading shall be expended for planning and management
development and administration: Provided further, That a metropolitan city, urban county, unit of general local government, or
Indian tribe, or insular area that directly or indirectly receives
funds under this heading may not sell, trade, or otherwise transfer
all or any portion of such funds to another such entity in exchange
for any other funds, credits or non-Federal considerations, but must
use such funds for activities eligible under title I of the Act: Provided
further, That notwithstanding section 105(e)(1) of the Act, no funds
provided under this heading may be provided to a for-profit entity
for an economic development project under section 105(a)(17) unless
such project has been evaluated and selected in accordance with
guidelines required under subparagraph (e)(2): Provided further,
That the Department shall notify grantees of their formula allocation within 60 days of enactment of this Act: Provided further,
That of the total amount provided under this heading $60,000,000
shall be for grants to Indian tribes notwithstanding section 106(a)(1)
of such Act, of which, notwithstanding any other provision of law
(including section 204 of this Act), up to $4,000,000 may be used
for emergencies that constitute imminent threats to health and
safety.
Grants.
Notification.
Deadline.
COMMUNITY DEVELOPMENT LOAN GUARANTEES PROGRAM ACCOUNT
Subject to section 502 of the Congressional Budget Act of 1974,
during fiscal year 2017, commitments to guarantee loans under
section 108 of the Housing and Community Development Act of
1974 (42 U.S.C. 5308), any part of which is guaranteed, shall
not exceed a total principal amount of $300,000,000, notwithstanding any aggregate limitation on outstanding obligations
guaranteed in subsection (k) of such section 108: Provided, That
the Secretary shall collect fees from borrowers, notwithstanding
subsection (m) of such section 108, to result in a credit subsidy
cost of zero for guaranteeing such loans, and any such fees shall
be collected in accordance with section 502(7) of the Congressional
Budget Act of 1974.
Fees.
HOME INVESTMENT PARTNERSHIPS PROGRAM
For the HOME Investment Partnerships program, as authorized under title II of the Cranston-Gonzalez National Affordable
Housing Act, as amended, $950,000,000, to remain available until
September 30, 2020: Provided, That notwithstanding the amount
made available under this heading, the threshold reduction requirements in sections 216(10) and 217(b)(4) of such Act shall not apply
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131 STAT. 770
Notification.
Deadline.
PUBLIC LAW 115–31—MAY 5, 2017
to allocations of such amount: Provided further, That the requirements under provisos 2 through 6 under this heading for fiscal
year 2012 and such requirements applicable pursuant to the ‘‘FullYear Continuing Appropriations Act, 2013’’, shall not apply to any
project to which funds were committed on or after August 23,
2013, but such projects shall instead be governed by the Final
Rule titled ‘‘Home Investment Partnerships Program; Improving
Performance and Accountability; Updating Property Standards’’
which became effective on such date: Provided further, That the
Department shall notify grantees of their formula allocation within
60 days of enactment of this Act.
SELF-HELP AND ASSISTED HOMEOWNERSHIP OPPORTUNITY PROGRAM
For the Self-Help and Assisted Homeownership Opportunity
Program, as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended, $50,000,000, to remain
available until September 30, 2019: Provided, That of the total
amount provided under this heading, $10,000,000 shall be made
available to the Self-Help and Assisted Homeownership Opportunity
Program as authorized under section 11 of the Housing Opportunity
Program Extension Act of 1996, as amended: Provided further,
That of the total amount provided under this heading, $35,000,000
shall be made available for the second, third, and fourth capacity
building activities authorized under section 4(a) of the HUD Demonstration Act of 1993 (42 U.S.C. 9816 note), of which not less
than $5,000,000 shall be made available for rural capacity building
activities: Provided further, That of the total amount provided under
this heading, $5,000,000 shall be made available for capacity
building by national rural housing organizations with experience
assessing national rural conditions and providing financing,
training, technical assistance, information, and research to local
nonprofits, local governments and Indian Tribes serving high need
rural communities: Provided further, That an additional $4,000,000,
to remain available until expended, shall be for a program to
rehabilitate and modify homes of disabled or low-income veterans
as authorized under section 1079 of Public Law 113–291.
HOMELESS ASSISTANCE GRANTS
For the Emergency Solutions Grants program as authorized
under subtitle B of title IV of the McKinney-Vento Homeless Assistance Act, as amended; the Continuum of Care program as authorized under subtitle C of title IV of such Act; and the Rural Housing
Stability Assistance program as authorized under subtitle D of
title IV of such Act, $2,383,000,000, to remain available until September 30, 2019: Provided, That any rental assistance amounts
that are recaptured under such Continuum of Care program shall
remain available until expended: Provided further, That not less
than $310,000,000 of the funds appropriated under this heading
shall be available for such Emergency Solutions Grants program,
of which, $40,000,000 shall be made available, as determined by
the Secretary, for grants for rapid re-housing or other critical activities in order to assist communities that lost significant capacity
after January 1, 2016 to serve persons experiencing homelessness:
Provided further, That not less than $2,018,000,000 of the funds
appropriated under this heading shall be available for such Continuum of Care and Rural Housing Stability Assistance programs:
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131 STAT. 771
Provided further, That up to $12,000,000 of the funds appropriated
under this heading shall be available for the national homeless
data analysis project: Provided further, That all funds awarded
for supportive services under the Continuum of Care program and
the Rural Housing Stability Assistance program shall be matched
by not less than 25 percent in cash or in kind by each grantee:
Provided further, That for all match requirements applicable to
funds made available under this heading for this fiscal year and
prior years, a grantee may use (or could have used) as a source
of match funds other funds administered by the Secretary and
other Federal agencies unless there is (or was) a specific statutory
prohibition on any such use of any such funds: Provided further,
That the Secretary shall collect system performance measures for
each continuum of care, and that relative to fiscal year 2015,
under the Continuum of Care competition with respect to funds
made available under this heading, the Secretary shall base an
increasing share of the score on performance criteria: Provided
further, That none of the funds provided under this heading shall
be available to provide funding for new projects, except for projects
created through reallocation, unless the Secretary determines that
the continuum of care has demonstrated that projects are evaluated
and ranked based on the degree to which they improve the continuum of care’s system performance: Provided further, That the
Secretary shall prioritize funding under the Continuum of Care
program to continuums of care that have demonstrated a capacity
to reallocate funding from lower performing projects to higher performing projects: Provided further, That all awards of assistance
under this heading shall be required to coordinate and integrate
homeless programs with other mainstream health, social services,
and employment programs for which homeless populations may
be eligible: Provided further, That any unobligated amounts
remaining from funds appropriated under this heading in fiscal
year 2012 and prior years for project-based rental assistance for
rehabilitation projects with 10-year grant terms may be used for
purposes under this heading, notwithstanding the purposes for
which such funds were appropriated: Provided further, That all
balances for Shelter Plus Care renewals previously funded from
the Shelter Plus Care Renewal account and transferred to this
account shall be available, if recaptured, for Continuum of Care
renewals in fiscal year 2017: Provided further, That the Department
shall notify grantees of their formula allocation from amounts allocated (which may represent initial or final amounts allocated) for
the Emergency Solutions Grant program within 60 days of enactment of this Act: Provided further, That up to $43,000,000 of the
funds appropriated under this heading shall be to implement
projects to demonstrate how a comprehensive approach to serving
homeless youth, age 24 and under, in up to 11 communities,
including at least five rural communities, can dramatically reduce
youth homelessness: Provided further, That such projects shall be
eligible for renewal under the continuum of care program subject
to the same terms and conditions as other renewal applicants:
Provided further, That youth aged 24 and under seeking assistance
under this heading shall not be required to provide third party
documentation to establish their eligibility under 42 U.S.C. 11302(a)
or (b) to receive services: Provided further, That unaccompanied
youth aged 24 and under or families headed by youth aged 24
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Determination.
Notification.
Deadline.
Children and
youth.
Homeless
persons.
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PUBLIC LAW 115–31—MAY 5, 2017
and under who are living in unsafe situations may be served by
youth-serving providers funded under this heading.
HOUSING PROGRAMS
PROJECT-BASED RENTAL ASSISTANCE
Determination.
Remittance.
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For activities and assistance for the provision of project-based
subsidy contracts under the United States Housing Act of 1937
(42 U.S.C. 1437 et seq.) (‘‘the Act’’), not otherwise provided for,
$10,416,000,000, to remain available until expended, shall be available on October 1, 2016 (in addition to the $400,000,000 previously
appropriated under this heading that became available October
1, 2016), and $400,000,000, to remain available until expended,
shall be available on October 1, 2017: Provided, That the amounts
made available under this heading shall be available for expiring
or terminating section 8 project-based subsidy contracts (including
section 8 moderate rehabilitation contracts), for amendments to
section 8 project-based subsidy contracts (including section 8 moderate rehabilitation contracts), for contracts entered into pursuant
to section 441 of the McKinney-Vento Homeless Assistance Act
(42 U.S.C. 11401), for renewal of section 8 contracts for units
in projects that are subject to approved plans of action under
the Emergency Low Income Housing Preservation Act of 1987 or
the Low-Income Housing Preservation and Resident Homeownership Act of 1990, and for administrative and other expenses associated with project-based activities and assistance funded under this
paragraph: Provided further, That of the total amounts provided
under this heading, not to exceed $235,000,000 shall be available
for performance-based contract administrators for section 8 projectbased assistance, for carrying out 42 U.S.C. 1437(f): Provided further, That the Secretary of Housing and Urban Development may
also use such amounts in the previous proviso for performancebased contract administrators for the administration of: interest
reduction payments pursuant to section 236(a) of the National
Housing Act (12 U.S.C. 1715z–1(a)); rent supplement payments
pursuant to section 101 of the Housing and Urban Development
Act of 1965 (12 U.S.C. 1701s); section 236(f)(2) rental assistance
payments (12 U.S.C. 1715z–1(f)(2)); project rental assistance contracts for the elderly under section 202(c)(2) of the Housing Act
of 1959 (12 U.S.C. 1701q); project rental assistance contracts for
supportive housing for persons with disabilities under section
811(d)(2) of the Cranston-Gonzalez National Affordable Housing
Act (42 U.S.C. 8013(d)(2)); project assistance contracts pursuant
to section 202(h) of the Housing Act of 1959 (Public Law 86–
372; 73 Stat. 667); and loans under section 202 of the Housing
Act of 1959 (Public Law 86–372; 73 Stat. 667): Provided further,
That amounts recaptured under this heading, the heading ‘‘Annual
Contributions for Assisted Housing’’, or the heading ‘‘Housing Certificate Fund’’, may be used for renewals of or amendments to
section 8 project-based contracts or for performance-based contract
administrators, notwithstanding the purposes for which such
amounts were appropriated: Provided further, That, notwithstanding any other provision of law, upon the request of the Secretary of Housing and Urban Development, project funds that are
held in residual receipts accounts for any project subject to a section
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8 project-based Housing Assistance Payments contract that authorizes HUD or a Housing Finance Agency to require that surplus
project funds be deposited in an interest-bearing residual receipts
account and that are in excess of an amount to be determined
by the Secretary, shall be remitted to the Department and deposited
in this account, to be available until expended: Provided further,
That amounts deposited pursuant to the previous proviso shall
be available in addition to the amount otherwise provided by this
heading for uses authorized under this heading.
HOUSING FOR THE ELDERLY
For capital advances, including amendments to capital advance
contracts, for housing for the elderly, as authorized by section
202 of the Housing Act of 1959, as amended, and for project rental
assistance for the elderly under section 202(c)(2) of such Act,
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
and for senior preservation rental assistance contracts, including
renewals, as authorized by section 811(e) of the American Housing
and Economic Opportunity Act of 2000, as amended, and for supportive services associated with the housing, $502,400,000 to remain
available until September 30, 2020, of which $10,000,000 shall
be for capital advance and project-based rental assistance awards
or for incremental senior preservation rental assistance contracts:
Provided, That amounts for project rental assistance contracts are
to remain available for the liquidation of valid obligations for 10
years following the date of such obligation: Provided further, That
of the amount provided under this heading, up to $75,000,000
shall be for service coordinators and the continuation of existing
congregate service grants for residents of assisted housing projects:
Provided further, That amounts under this heading shall be available for Real Estate Assessment Center inspections and inspectionrelated activities associated with section 202 projects: Provided
further, That the Secretary may waive the provisions of section
202 governing the terms and conditions of project rental assistance,
except that the initial contract term for such assistance shall not
exceed 5 years in duration: Provided further, That upon request
of the Secretary of Housing and Urban Development, project funds
that are held in residual receipts accounts for any project subject
to a section 202 project rental assistance contract, and that upon
termination of such contract are in excess of an amount to be
determined by the Secretary, shall be remitted to the Department
and deposited in this account, to be available until September
30, 2020: Provided further, That amounts deposited in this account
pursuant to the previous proviso shall be available, in addition
to the amounts otherwise provided by this heading, for amendments
and renewals: Provided further, That unobligated balances,
including recaptures and carryover, remaining from funds transferred to or appropriated under this heading shall be available
for amendments and renewals notwithstanding the purposes for
which such funds originally were appropriated.
Waiver authority.
Time period.
Determination.
Remittance.
HOUSING FOR PERSONS WITH DISABILITIES
For amendments to capital advance contracts for supportive
housing for persons with disabilities, as authorized by section 811
of the Cranston-Gonzalez National Affordable Housing Act (42
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131 STAT. 774
Determination.
Remittance.
PUBLIC LAW 115–31—MAY 5, 2017
U.S.C. 8013), for project rental assistance for supportive housing
for persons with disabilities under section 811(d)(2) of such Act
and for project assistance contracts pursuant to section 202(h) of
the Housing Act of 1959 (Public Law 86–372; 73 Stat. 667),
including amendments to contracts for such assistance and renewal
of expiring contracts for such assistance for up to a 1-year term,
for project rental assistance to State housing finance agencies and
other appropriate entities as authorized under section 811(b)(3)
of the Cranston-Gonzalez National Housing Act, and for supportive
services associated with the housing for persons with disabilities
as authorized by section 811(b)(1) of such Act, $146,200,000, to
remain available until September 30, 2020: Provided, That amounts
made available under this heading shall be available for Real Estate
Assessment Center inspections and inspection-related activities
associated with section 811 projects: Provided further, That, in
this fiscal year, upon the request of the Secretary of Housing
and Urban Development, project funds that are held in residual
receipts accounts for any project subject to a section 811 project
rental assistance contract and that upon termination of such contract are in excess of an amount to be determined by the Secretary
shall be remitted to the Department and deposited in this account,
to be available until September 30, 2020: Provided further, That
amounts deposited in this account pursuant to the previous proviso
shall be available in addition to the amounts otherwise provided
by this heading for amendments and renewals: Provided further,
That unobligated balances, including recaptures and carryover,
remaining from funds transferred to or appropriated under this
heading shall be used for amendments and renewals notwithstanding the purposes for which such funds originally were appropriated.
HOUSING COUNSELING ASSISTANCE
For contracts, grants, and other assistance excluding loans,
as authorized under section 106 of the Housing and Urban Development Act of 1968, as amended, $55,000,000, to remain available
until September 30, 2018, including up to $4,500,000 for administrative contract services: Provided, That grants made available from
amounts provided under this heading shall be awarded within
180 days of enactment of this Act: Provided further, That funds
shall be used for providing counseling and advice to tenants and
homeowners, both current and prospective, with respect to property
maintenance, financial management/literacy, and such other matters as may be appropriate to assist them in improving their housing
conditions, meeting their financial needs, and fulfilling the responsibilities of tenancy or homeownership; for program administration;
and for housing counselor training: Provided further, That for purposes of providing such grants from amounts provided under this
heading, the Secretary may enter into multiyear agreements as
appropriate, subject to the availability of annual appropriations.
RENTAL HOUSING ASSISTANCE
For amendments to contracts under section 101 of the Housing
and Urban Development Act of 1965 (12 U.S.C. 1701s) and section
236(f)(2) of the National Housing Act (12 U.S.C. 1715z–1) in Stateaided, noninsured rental housing projects, $20,000,000, to remain
available until expended: Provided, That such amount, together
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 775
with unobligated balances from recaptured amounts appropriated
prior to fiscal year 2006 from terminated contracts under such
sections of law, and any unobligated balances, including recaptures
and carryover, remaining from funds appropriated under this
heading after fiscal year 2005, shall also be available for extensions
of up to one year for expiring contracts under such sections of
law.
PAYMENT TO MANUFACTURED HOUSING FEES TRUST FUND
For necessary expenses as authorized by the National Manufactured Housing Construction and Safety Standards Act of 1974 (42
U.S.C. 5401 et seq.), up to $10,500,000, to remain available until
expended, of which $10,500,000 is to be derived from the Manufactured Housing Fees Trust Fund: Provided, That not to exceed
the total amount appropriated under this heading shall be available
from the general fund of the Treasury to the extent necessary
to incur obligations and make expenditures pending the receipt
of collections to the Fund pursuant to section 620 of such Act:
Provided further, That the amount made available under this
heading from the general fund shall be reduced as such collections
are received during fiscal year 2017 so as to result in a final
fiscal year 2017 appropriation from the general fund estimated
at zero, and fees pursuant to such section 620 shall be modified
as necessary to ensure such a final fiscal year 2017 appropriation:
Provided further, That for the dispute resolution and installation
programs, the Secretary of Housing and Urban Development may
assess and collect fees from any program participant: Provided
further, That such collections shall be deposited into the Fund,
and the Secretary, as provided herein, may use such collections,
as well as fees collected under section 620, for necessary expenses
of such Act: Provided further, That, notwithstanding the requirements of section 620 of such Act, the Secretary may carry out
responsibilities of the Secretary under such Act through the use
of approved service providers that are paid directly by the recipients
of their services.
FEDERAL HOUSING ADMINISTRATION
MUTUAL MORTGAGE INSURANCE PROGRAM ACCOUNT
New commitments to guarantee single family loans insured
under the Mutual Mortgage Insurance Fund shall not exceed
$400,000,000,000, to remain available until September 30, 2018:
Provided, That during fiscal year 2017, obligations to make direct
loans to carry out the purposes of section 204(g) of the National
Housing Act, as amended, shall not exceed $5,000,000: Provided
further, That the foregoing amount in the previous proviso shall
be for loans to nonprofit and governmental entities in connection
with sales of single family real properties owned by the Secretary
and formerly insured under the Mutual Mortgage Insurance Fund:
Provided further, That for administrative contract expenses of the
Federal Housing Administration, $130,000,000, to remain available
until September 30, 2018: Provided further, That to the extent
guaranteed loan commitments exceed $200,000,000,000 on or before
April 1, 2017, an additional $1,400 for administrative contract
expenses shall be available for each $1,000,000 in additional
guaranteed loan commitments (including a pro rata amount for
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PUBLIC LAW 115–31—MAY 5, 2017
any amount below $1,000,000), but in no case shall funds made
available by this proviso exceed $30,000,000.
GENERAL AND SPECIAL RISK PROGRAM ACCOUNT
New commitments to guarantee loans insured under the General and Special Risk Insurance Funds, as authorized by sections
238 and 519 of the National Housing Act (12 U.S.C. 1715z–3 and
1735c), shall not exceed $30,000,000,000 in total loan principal,
any part of which is to be guaranteed, to remain available until
September 30, 2018: Provided, That during fiscal year 2017, gross
obligations for the principal amount of direct loans, as authorized
by sections 204(g), 207(l), 238, and 519(a) of the National Housing
Act, shall not exceed $5,000,000, which shall be for loans to nonprofit and governmental entities in connection with the sale of
single family real properties owned by the Secretary and formerly
insured under such Act.
GOVERNMENT NATIONAL MORTGAGE ASSOCIATION
GUARANTEES OF MORTGAGE-BACKED SECURITIES LOAN GUARANTEE
PROGRAM ACCOUNT
Fees.
New commitments to issue guarantees to carry out the purposes
of section 306 of the National Housing Act, as amended (12 U.S.C.
1721(g)), shall not exceed $500,000,000,000, to remain available
until September 30, 2018: Provided, That $23,000,000 shall be
available for necessary salaries and expenses of the Office of
Government National Mortgage Association: Provided further, That
to the extent that guaranteed loan commitments exceed
$155,000,000,000 on or before April 1, 2017, an additional $100
for necessary salaries and expenses shall be available until
expended for each $1,000,000 in additional guaranteed loan commitments (including a pro rata amount for any amount below
$1,000,000), but in no case shall funds made available by this
proviso exceed $3,000,000: Provided further, That receipts from
Commitment and Multiclass fees collected pursuant to title III
of the National Housing Act, as amended, shall be credited as
offsetting collections to this account.
POLICY DEVELOPMENT
AND
RESEARCH
RESEARCH AND TECHNOLOGY
Contracts.
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For contracts, grants, and necessary expenses of programs of
research and studies relating to housing and urban problems, not
otherwise provided for, as authorized by title V of the Housing
and Urban Development Act of 1970 (12 U.S.C. 1701z–1 et seq.),
including carrying out the functions of the Secretary of Housing
and Urban Development under section 1(a)(1)(i) of Reorganization
Plan No. 2 of 1968, and for technical assistance, $89,000,000, to
remain available until September 30, 2018: Provided, That with
respect to amounts made available under this heading, notwithstanding section 204 of this title, the Secretary may enter into
cooperative agreements funded with philanthropic entities, other
Federal agencies, or State or local governments and their agencies
for research projects: Provided further, That with respect to the
previous proviso, such partners to the cooperative agreements must
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131 STAT. 777
contribute at least a 50 percent match toward the cost of the
project: Provided further, That for non-competitive agreements
entered into in accordance with the previous two provisos, the
Secretary of Housing and Urban Development shall comply with
section 2(b) of the Federal Funding Accountability and Transparency Act of 2006 (Public Law 109–282, 31 U.S.C. note) in lieu
of compliance with section 102(a)(4)(C) with respect to documentation of award decisions: Provided further, That prior to obligation
of technical assistance funding, the Secretary shall submit a plan,
for approval, to the House and Senate Committees on Appropriations on how it will allocate funding for this activity.
FAIR HOUSING
AND
Compliance.
Plan.
EQUAL OPPORTUNITY
FAIR HOUSING ACTIVITIES
For contracts, grants, and other assistance, not otherwise provided for, as authorized by title VIII of the Civil Rights Act of
1968, as amended by the Fair Housing Amendments Act of 1988,
and section 561 of the Housing and Community Development Act
of 1987, as amended, $65,300,000, to remain available until September 30, 2018: Provided, That notwithstanding 31 U.S.C. 3302,
the Secretary may assess and collect fees to cover the costs of
the Fair Housing Training Academy, and may use such funds
to provide such training: Provided further, That no funds made
available under this heading shall be used to lobby the executive
or legislative branches of the Federal Government in connection
with a specific contract, grant, or loan: Provided further, That
of the funds made available under this heading, $300,000 shall
be available to the Secretary of Housing and Urban Development
for the creation and promotion of translated materials and other
programs that support the assistance of persons with limited
English proficiency in utilizing the services provided by the Department of Housing and Urban Development.
OFFICE
OF
LEAD HAZARD CONTROL
AND
Lobbying.
HEALTHY HOMES
LEAD HAZARD REDUCTION
For the Lead Hazard Reduction Program, as authorized by
section 1011 of the Residential Lead-Based Paint Hazard Reduction
Act of 1992, $145,000,000, to remain available until September
30, 2018, of which $30,000,000 shall be for the Healthy Homes
Initiative, pursuant to sections 501 and 502 of the Housing and
Urban Development Act of 1970, that shall include research,
studies, testing, and demonstration efforts, including education and
outreach concerning lead-based paint poisoning and other housingrelated diseases and hazards: Provided, That for purposes of
environmental review, pursuant to the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.) and other provisions
of the law that further the purposes of such Act, a grant under
the Healthy Homes Initiative, or the Lead Technical Studies program under this heading or under prior appropriations Acts for
such purposes under this heading, shall be considered to be funds
for a special project for purposes of section 305(c) of the Multifamily
Housing Property Disposition Reform Act of 1994: Provided further,
That of the total amount made available under this heading,
$55,000,000 shall be made available on a competitive basis for
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PUBL031
131 STAT. 778
Certification.
Notice.
PUBLIC LAW 115–31—MAY 5, 2017
areas with the highest lead-based paint abatement needs: Provided
further, That each recipient of funds provided under the previous
proviso shall contribute an amount not less than 25 percent of
the total: Provided further, That each applicant shall certify adequate capacity that is acceptable to the Secretary to carry out
the proposed use of funds pursuant to a notice of funding availability: Provided further, That amounts made available under this
heading in this or prior appropriations Acts, and that still remain
available, may be used for any purpose under this heading notwithstanding the purpose for which such amounts were appropriated
if a program competition is undersubscribed and there are other
program competitions under this heading that are oversubscribed.
INFORMATION TECHNOLOGY FUND
Expenditure
plan.
For the development of, modifications to, and infrastructure
for Department-wide and program-specific information technology
systems, for the continuing operation and maintenance of both
Department-wide and program-specific information systems, and
for program-related maintenance activities, $257,000,000, of which
$250,000,000 shall remain available until September 30, 2018, and
of which $7,000,000 shall remain available until September 30,
2019: Provided, That any amounts transferred to this Fund under
this Act shall remain available until expended: Provided further,
That any amounts transferred to this Fund from amounts appropriated by previously enacted appropriations Acts may be used
for the purposes specified under this Fund, in addition to any
other information technology purposes for which such amounts were
appropriated: Provided further, That not more than 10 percent
of the funds made available under this heading for development,
modernization and enhancement may be obligated until the Secretary submits to the House and Senate Committees on Appropriations, for approval, a plan for expenditure that—(A) identifies for
each modernization project: (i) the functional and performance
capabilities to be delivered and the mission benefits to be realized,
(ii) the estimated life-cycle cost, and (iii) key milestones to be
met; and (B) demonstrates that each modernization project is: (i)
compliant with the department’s enterprise architecture, (ii) being
managed in accordance with applicable life-cycle management policies and guidance, (iii) subject to the department’s capital planning
and investment control requirements, and (iv) supported by an
adequately staffed project office.
OFFICE
OF INSPECTOR
GENERAL
For necessary salaries and expenses of the Office of Inspector
General in carrying out the Inspector General Act of 1978, as
amended, $128,082,000: Provided, That the Inspector General shall
have independent authority over all personnel issues within this
office.
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
GENERAL PROVISIONS—DEPARTMENT OF HOUSING
DEVELOPMENT
AND
131 STAT. 779
URBAN
(INCLUDING TRANSFER OF FUNDS)
(INCLUDING RESCISSION)
SEC. 201. Fifty percent of the amounts of budget authority,
or in lieu thereof 50 percent of the cash amounts associated with
such budget authority, that are recaptured from projects described
in section 1012(a) of the Stewart B. McKinney Homeless Assistance
Amendments Act of 1988 (42 U.S.C. 1437f note) shall be rescinded
or in the case of cash, shall be remitted to the Treasury, and
such amounts of budget authority or cash recaptured and not
rescinded or remitted to the Treasury shall be used by State housing
finance agencies or local governments or local housing agencies
with projects approved by the Secretary of Housing and Urban
Development for which settlement occurred after January 1, 1992,
in accordance with such section. Notwithstanding the previous sentence, the Secretary may award up to 15 percent of the budget
authority or cash recaptured and not rescinded or remitted to
the Treasury to provide project owners with incentives to refinance
their project at a lower interest rate.
SEC. 202. None of the amounts made available under this
Act may be used during fiscal year 2017 to investigate or prosecute
under the Fair Housing Act any otherwise lawful activity engaged
in by one or more persons, including the filing or maintaining
of a nonfrivolous legal action, that is engaged in solely for the
purpose of achieving or preventing action by a Government official
or entity, or a court of competent jurisdiction.
SEC. 203. Subsection (c) of section 854 of the AIDS Housing
Opportunity Act (42 U.S.C. 12903(c)) is amended—
(1) in subclause (I) of paragraph (2)(A), by redesignating
the subclause as clause ‘‘(i)’’; and
(2) in subparagraph (D) of paragraph (2), to read as follows:
‘‘(D) ADJUSTMENT TO GRANTS.—For each of fiscal years
2017, 2018, 2019, 2020, and 2021, with respect to a grantee
that received an allocation in the prior fiscal year, the
Secretary shall ensure that the grantee’s share of total
formula funds available for allocation does not decrease
more than 5 percent nor gain more than 10 percent of
the share of the total available formula funds that the
grantee received in the preceding fiscal year.’’.
SEC. 204. Except as explicitly provided in law, any grant,
cooperative agreement or other assistance made pursuant to title
II of this Act shall be made on a competitive basis and in accordance
with section 102 of the Department of Housing and Urban Development Reform Act of 1989 (42 U.S.C. 3545).
SEC. 205. Funds of the Department of Housing and Urban
Development subject to the Government Corporation Control Act
or section 402 of the Housing Act of 1950 shall be available, without
regard to the limitations on administrative expenses, for legal services on a contract or fee basis, and for utilizing and making payment
for services and facilities of the Federal National Mortgage Association, Government National Mortgage Association, Federal Home
Loan Mortgage Corporation, Federal Financing Bank, Federal
Reserve banks or any member thereof, Federal Home Loan banks,
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PUBL031
131 STAT. 780
Deadline.
Reports.
Budget.
Budget.
Transfer
authority.
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PUBLIC LAW 115–31—MAY 5, 2017
and any insured bank within the meaning of the Federal Deposit
Insurance Corporation Act, as amended (12 U.S.C. 1811–1).
SEC. 206. Unless otherwise provided for in this Act or through
a reprogramming of funds, no part of any appropriation for the
Department of Housing and Urban Development shall be available
for any program, project or activity in excess of amounts set forth
in the budget estimates submitted to Congress.
SEC. 207. Corporations and agencies of the Department of
Housing and Urban Development which are subject to the Government Corporation Control Act are hereby authorized to make such
expenditures, within the limits of funds and borrowing authority
available to each such corporation or agency and in accordance
with law, and to make such contracts and commitments without
regard to fiscal year limitations as provided by section 104 of
such Act as may be necessary in carrying out the programs set
forth in the budget for 2017 for such corporation or agency except
as hereinafter provided: Provided, That collections of these corporations and agencies may be used for new loan or mortgage purchase
commitments only to the extent expressly provided for in this
Act (unless such loans are in support of other forms of assistance
provided for in this or prior appropriations Acts), except that this
proviso shall not apply to the mortgage insurance or guaranty
operations of these corporations, or where loans or mortgage purchases are necessary to protect the financial interest of the United
States Government.
SEC. 208. The Secretary of Housing and Urban Development
shall provide quarterly reports to the House and Senate Committees
on Appropriations regarding all uncommitted, unobligated, recaptured and excess funds in each program and activity within the
jurisdiction of the Department and shall submit additional, updated
budget information to these Committees upon request.
SEC. 209. The President’s formal budget request for fiscal year
2018, as well as the Department of Housing and Urban Development’s congressional budget justifications to be submitted to the
Committees on Appropriations of the House of Representatives and
the Senate, shall use the identical account and sub-account structure provided under this Act.
SEC. 210. No funds provided under this title may be used
for an audit of the Government National Mortgage Association
that makes applicable requirements under the Federal Credit
Reform Act of 1990 (2 U.S.C. 661 et seq.).
SEC. 211. (a) Notwithstanding any other provision of law, subject to the conditions listed under this section, for fiscal years
2017 and 2018, the Secretary of Housing and Urban Development
may authorize the transfer of some or all project-based assistance,
debt held or insured by the Secretary and statutorily required
low-income and very low-income use restrictions if any, associated
with one or more multifamily housing project or projects to another
multifamily housing project or projects.
(b) PHASED TRANSFERS.—Transfers of project-based assistance
under this section may be done in phases to accommodate the
financing and other requirements related to rehabilitating or constructing the project or projects to which the assistance is transferred, to ensure that such project or projects meet the standards
under subsection (c).
(c) The transfer authorized in subsection (a) is subject to the
following conditions:
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 781
(1) NUMBER AND BEDROOM SIZE OF UNITS.—
(A) For occupied units in the transferring project: The
number of low-income and very low-income units and the
configuration (i.e., bedroom size) provided by the transferring project shall be no less than when transferred to
the receiving project or projects and the net dollar amount
of Federal assistance provided to the transferring project
shall remain the same in the receiving project or projects.
(B) For unoccupied units in the transferring project:
The Secretary may authorize a reduction in the number
of dwelling units in the receiving project or projects to
allow for a reconfiguration of bedroom sizes to meet current
market demands, as determined by the Secretary and provided there is no increase in the project-based assistance
budget authority.
(2) The transferring project shall, as determined by the
Secretary, be either physically obsolete or economically nonviable.
(3) The receiving project or projects shall meet or exceed
applicable physical standards established by the Secretary.
(4) The owner or mortgagor of the transferring project
shall notify and consult with the tenants residing in the
transferring project and provide a certification of approval by
all appropriate local governmental officials.
(5) The tenants of the transferring project who remain
eligible for assistance to be provided by the receiving project
or projects shall not be required to vacate their units in the
transferring project or projects until new units in the receiving
project are available for occupancy.
(6) The Secretary determines that this transfer is in the
best interest of the tenants.
(7) If either the transferring project or the receiving project
or projects meets the condition specified in subsection (d)(2)(A),
any lien on the receiving project resulting from additional
financing obtained by the owner shall be subordinate to any
FHA-insured mortgage lien transferred to, or placed on, such
project by the Secretary, except that the Secretary may waive
this requirement upon determination that such a waiver is
necessary to facilitate the financing of acquisition, construction,
and/or rehabilitation of the receiving project or projects.
(8) If the transferring project meets the requirements of
subsection (d)(2), the owner or mortgagor of the receiving
project or projects shall execute and record either a continuation
of the existing use agreement or a new use agreement for
the project where, in either case, any use restrictions in such
agreement are of no lesser duration than the existing use
restrictions.
(9) The transfer does not increase the cost (as defined
in section 502 of the Congressional Budget Act of 1974, as
amended) of any FHA-insured mortgage, except to the extent
that appropriations are provided in advance for the amount
of any such increased cost.
(d) For purposes of this section—
(1) the terms ‘‘low-income’’ and ‘‘very low-income’’ shall
have the meanings provided by the statute and/or regulations
governing the program under which the project is insured or
assisted;
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Determination.
Standards.
Notification.
Consultation.
Certification.
Determination.
Waiver authority.
Determination.
Records.
Contracts.
Definition.
PUBL031
131 STAT. 782
PUBLIC LAW 115–31—MAY 5, 2017
(2) the term ‘‘multifamily housing project’’ means housing
that meets one of the following conditions—
(A) housing that is subject to a mortgage insured under
the National Housing Act;
(B) housing that has project-based assistance attached
to the structure including projects undergoing mark to
market debt restructuring under the Multifamily Assisted
Housing Reform and Affordability Housing Act;
(C) housing that is assisted under section 202 of the
Housing Act of 1959, as amended by section 801 of the
Cranston-Gonzales National Affordable Housing Act;
(D) housing that is assisted under section 202 of the
Housing Act of 1959, as such section existed before the
enactment of the Cranston-Gonzales National Affordable
Housing Act;
(E) housing that is assisted under section 811 of the
Cranston-Gonzales National Affordable Housing Act; or
(F) housing or vacant land that is subject to a use
agreement;
(3) the term ‘‘project-based assistance’’ means—
(A) assistance provided under section 8(b) of the United
States Housing Act of 1937;
(B) assistance for housing constructed or substantially
rehabilitated pursuant to assistance provided under section
8(b)(2) of such Act (as such section existed immediately
before October 1, 1983);
(C) rent supplement payments under section 101 of
the Housing and Urban Development Act of 1965;
(D) interest reduction payments under section 236 and/
or additional assistance payments under section 236(f)(2)
of the National Housing Act;
(E) assistance payments made under section 202(c)(2)
of the Housing Act of 1959; and
(F) assistance payments made under section 811(d)(2)
of the Cranston-Gonzalez National Affordable Housing Act;
(4) the term ‘‘receiving project or projects’’ means the multifamily housing project or projects to which some or all of
the project-based assistance, debt, and statutorily required lowincome and very low-income use restrictions are to be transferred;
(5) the term ‘‘transferring project’’ means the multifamily
housing project which is transferring some or all of the projectbased assistance, debt, and the statutorily required low-income
and very low-income use restrictions to the receiving project
or projects; and
(6) the term ‘‘Secretary’’ means the Secretary of Housing
and Urban Development.
(e) RESEARCH REPORT.—The Secretary shall conduct an evaluation of the transfer authority under this section, including the
effect of such transfers on the operational efficiency, contract rents,
physical and financial conditions, and long-term preservation of
the affected properties.
SEC. 212. (a) No assistance shall be provided under section
8 of the United States Housing Act of 1937 (42 U.S.C. 1437f)
to any individual who—
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PUBL031
PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 783
(1) is enrolled as a student at an institution of higher
education (as defined under section 102 of the Higher Education
Act of 1965 (20 U.S.C. 1002));
(2) is under 24 years of age;
(3) is not a veteran;
(4) is unmarried;
(5) does not have a dependent child;
(6) is not a person with disabilities, as such term is defined
in section 3(b)(3)(E) of the United States Housing Act of 1937
(42 U.S.C. 1437a(b)(3)(E)) and was not receiving assistance
under such section 8 as of November 30, 2005;
(7) is not a youth who left foster care at age 14 or older
and is at risk of becoming homeless; and
(8) is not otherwise individually eligible, or has parents
who, individually or jointly, are not eligible, to receive assistance under section 8 of the United States Housing Act of
1937 (42 U.S.C. 1437f).
(b) For purposes of determining the eligibility of a person
to receive assistance under section 8 of the United States Housing
Act of 1937 (42 U.S.C. 1437f), any financial assistance (in excess
of amounts received for tuition and any other required fees and
charges) that an individual receives under the Higher Education
Act of 1965 (20 U.S.C. 1001 et seq.), from private sources, or
an institution of higher education (as defined under the Higher
Education Act of 1965 (20 U.S.C. 1002)), shall be considered income
to that individual, except for a person over the age of 23 with
dependent children.
SEC. 213. The funds made available for Native Alaskans under
the heading ‘‘Native American Housing Block Grants’’ in title II
of this Act shall be allocated to the same Native Alaskan housing
block grant recipients that received funds in fiscal year 2005.
SEC. 214. Notwithstanding the limitation in the first sentence
of section 255(g) of the National Housing Act (12 U.S.C. 1715z–
20(g)), the Secretary of Housing and Urban Development may,
until September 30, 2017, insure and enter into commitments to
insure mortgages under such section 255.
SEC. 215. Notwithstanding any other provision of law, in fiscal
year 2017, in managing and disposing of any multifamily property
that is owned or has a mortgage held by the Secretary of Housing
and Urban Development, and during the process of foreclosure
on any property with a contract for rental assistance payments
under section 8 of the United States Housing Act of 1937 or other
Federal programs, the Secretary shall maintain any rental assistance payments under section 8 of the United States Housing Act
of 1937 and other programs that are attached to any dwelling
units in the property. To the extent the Secretary determines,
in consultation with the tenants and the local government, that
such a multifamily property owned or held by the Secretary is
not feasible for continued rental assistance payments under such
section 8 or other programs, based on consideration of (1) the
costs of rehabilitating and operating the property and all available
Federal, State, and local resources, including rent adjustments
under section 524 of the Multifamily Assisted Housing Reform
and Affordability Act of 1997 (‘‘MAHRAA’’) and (2) environmental
conditions that cannot be remedied in a cost-effective fashion, the
Secretary may, in consultation with the tenants of that property,
contract for project-based rental assistance payments with an owner
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Native Alaskans.
Termination
date.
Mortgages.
Contracts.
Determination.
Consultations.
PUBL031
131 STAT. 784
42 USC 1437g
note.
Allotment holder.
Determination.
Notification.
Public
information.
Federal Register,
publication.
42 USC 3545a
note.
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PUBLIC LAW 115–31—MAY 5, 2017
or owners of other existing housing properties, or provide other
rental assistance. The Secretary shall also take appropriate steps
to ensure that project-based contracts remain in effect prior to
foreclosure, subject to the exercise of contractual abatement remedies to assist relocation of tenants for imminent major threats
to health and safety after written notice to and informed consent
of the affected tenants and use of other available remedies, such
as partial abatements or receivership. After disposition of any multifamily property described under this section, the contract and allowable rent levels on such properties shall be subject to the requirements under section 524 of MAHRAA.
SEC. 216. The commitment authority funded by fees as provided
under the heading ‘‘Community Development Loan Guarantees Program Account’’ may be used to guarantee, or make commitments
to guarantee, notes, or other obligations issued by any State on
behalf of non-entitlement communities in the State in accordance
with the requirements of section 108 of the Housing and Community
Development Act of 1974: Provided, That any State receiving such
a guarantee or commitment shall distribute all funds subject to
such guarantee to the units of general local government in nonentitlement areas that received the commitment.
SEC. 217. Public housing agencies that own and operate 400
or fewer public housing units may elect to be exempt from any
asset management requirement imposed by the Secretary of
Housing and Urban Development in connection with the operating
fund rule: Provided, That an agency seeking a discontinuance of
a reduction of subsidy under the operating fund formula shall
not be exempt from asset management requirements.
SEC. 218. With respect to the use of amounts provided in
this Act and in future Acts for the operation, capital improvement
and management of public housing as authorized by sections 9(d)
and 9(e) of the United States Housing Act of 1937 (42 U.S.C.
1437g(d) and (e)), the Secretary shall not impose any requirement
or guideline relating to asset management that restricts or limits
in any way the use of capital funds for central office costs pursuant
to section 9(g)(1) or 9(g)(2) of the United States Housing Act of
1937 (42 U.S.C. 1437g(g)(1), (2)): Provided, That a public housing
agency may not use capital funds authorized under section 9(d)
for activities that are eligible under section 9(e) for assistance
with amounts from the operating fund in excess of the amounts
permitted under section 9(g)(1) or 9(g)(2).
SEC. 219. No official or employee of the Department of Housing
and Urban Development shall be designated as an allotment holder
unless the Office of the Chief Financial Officer has determined
that such allotment holder has implemented an adequate system
of funds control and has received training in funds control procedures and directives. The Chief Financial Officer shall ensure that
there is a trained allotment holder for each HUD sub-office under
the accounts ‘‘Executive Offices’’ and ‘‘Administrative Support
Offices,’’ as well as each account receiving appropriations for ‘‘Program Office Salaries and Expenses’’, ‘‘Government National Mortgage Association—Guarantees of Mortgage-Backed Securities Loan
Guarantee Program Account’’, and ‘‘Office of Inspector General’’
within the Department of Housing and Urban Development.
SEC. 220. The Secretary of the Department of Housing and
Urban Development shall, for fiscal year 2017, notify the public
through the Federal Register and other means, as determined
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 785
appropriate, of the issuance of a notice of the availability of assistance or notice of funding availability (NOFA) for any program
or discretionary fund administered by the Secretary that is to
be competitively awarded. Notwithstanding any other provision of
law, for fiscal year 2017, the Secretary may make the NOFA available only on the Internet at the appropriate Government web site
or through other electronic media, as determined by the Secretary.
SEC. 221. Payment of attorney fees in program-related litigation
shall be paid from the individual program office and Office of
General Counsel salaries and expenses appropriations. The annual
budget submission for the program offices and the Office of General
Counsel shall include any such projected litigation costs for attorney
fees as a separate line item request. No funds provided in this
title may be used to pay any such litigation costs for attorney
fees until the Department submits for review a spending plan
for such costs to the House and Senate Committees on Appropriations.
SEC. 222. The Secretary is authorized to transfer up to 10
percent or $4,000,000, whichever is less, of funds appropriated
for any office under the heading ‘‘Administrative Support Offices’’
or for any account under the general heading ‘‘Program Office
Salaries and Expenses’’ to any other such office or account: Provided, That no appropriation for any such office or account shall
be increased or decreased by more than 10 percent or $4,000,000,
whichever is less, without prior written approval of the House
and Senate Committees on Appropriations: Provided further, That
the Secretary shall provide notification to such Committees three
business days in advance of any such transfers under this section
up to 10 percent or $4,000,000, whichever is less.
SEC. 223. (a) Any entity receiving housing assistance payments
shall maintain decent, safe, and sanitary conditions, as determined
by the Secretary of Housing and Urban Development (in this section
referred to as the ‘‘Secretary’’), and comply with any standards
under applicable State or local laws, rules, ordinances, or regulations relating to the physical condition of any property covered
under a housing assistance payment contract.
(b) The Secretary shall take action under subsection (c) when
a multifamily housing project with a section 8 contract or contract
for similar project-based assistance—
(1) receives a Uniform Physical Condition Standards
(UPCS) score of 60 or less; or
(2) fails to certify in writing to the Secretary within 3
days that all Exigent Health and Safety deficiencies identified
by the inspector at the project have been corrected.
Such requirements shall apply to insured and noninsured projects
with assistance attached to the units under section 8 of the United
States Housing Act of 1937 (42 U.S.C. 1437f), but do not apply
to such units assisted under section 8(o)(13) (42 U.S.C. 1437f(o)(13))
or to public housing units assisted with capital or operating funds
under section 9 of the United States Housing Act of 1937 (42
U.S.C. 1437g).
(c)(1) Within 15 days of the issuance of the REAC inspection,
the Secretary must provide the owner with a Notice of Default
with a specified timetable, determined by the Secretary, for correcting all deficiencies. The Secretary must also provide a copy
of the Notice of Default to the tenants, the local government,
any mortgagees, and any contract administrator. If the owner’s
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Web posting.
Determination.
Spending plan.
Notification.
Time period.
Determination.
Certification.
Deadline.
Deadline.
Notice.
Determination.
Records.
PUBL031
131 STAT. 786
Determination.
Determination.
Consultation.
Deadline.
Reports.
Time period.
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PUBLIC LAW 115–31—MAY 5, 2017
appeal results in a UPCS score of 60 or above, the Secretary
may withdraw the Notice of Default.
(2) At the end of the time period for correcting all deficiencies
specified in the Notice of Default, if the owner fails to fully correct
such deficiencies, the Secretary may—
(A) require immediate replacement of project management
with a management agent approved by the Secretary;
(B) impose civil money penalties, which shall be used solely
for the purpose of supporting safe and sanitary conditions at
applicable properties, as designated by the Secretary, with priority given to the tenants of the property affected by the penalty;
(C) abate the section 8 contract, including partial abatement, as determined by the Secretary, until all deficiencies
have been corrected;
(D) pursue transfer of the project to an owner, approved
by the Secretary under established procedures, which will be
obligated to promptly make all required repairs and to accept
renewal of the assistance contract as long as such renewal
is offered;
(E) transfer the existing section 8 contract to another
project or projects and owner or owners;
(F) pursue exclusionary sanctions, including suspensions
or debarments from Federal programs;
(G) seek judicial appointment of a receiver to manage the
property and cure all project deficiencies or seek a judicial
order of specific performance requiring the owner to cure all
project deficiencies;
(H) work with the owner, lender, or other related party
to stabilize the property in an attempt to preserve the property
through compliance, transfer of ownership, or an infusion of
capital provided by a third-party that requires time to effectuate; or
(I) take any other regulatory or contractual remedies available as deemed necessary and appropriate by the Secretary.
(d) The Secretary shall also take appropriate steps to ensure
that project-based contracts remain in effect, subject to the exercise
of contractual abatement remedies to assist relocation of tenants
for major threats to health and safety after written notice to the
affected tenants. To the extent the Secretary determines, in consultation with the tenants and the local government, that the
property is not feasible for continued rental assistance payments
under such section 8 or other programs, based on consideration
of—
(1) the costs of rehabilitating and operating the property
and all available Federal, State, and local resources, including
rent adjustments under section 524 of the Multifamily Assisted
Housing Reform and Affordability Act of 1997 (‘‘MAHRAA’’);
and
(2) environmental conditions that cannot be remedied in
a cost-effective fashion, the Secretary may contract for projectbased rental assistance payments with an owner or owners
of other existing housing properties, or provide other rental
assistance.
(e) The Secretary shall report quarterly on all properties covered by this section that are assessed through the Real Estate
Assessment Center and have UPCS physical inspection scores of
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PUBLIC LAW 115–31—MAY 5, 2017
131 STAT. 787
less than 60 or have received an unsatisfactory management and
occupancy review within the past 36 months. The report shall
include—
(1) the enforcement actions being taken to address such
conditions, including imposition of civil money penalties and
termination of subsidies, and identify properties that have such
conditions multiple times;
(2) actions that the Department of Housing and Urban
Development is taking to protect tenants of such identified
properties; and
(3) any administrative or legislative recommendations to
further improve the living conditions at properties covered
under a housing assistance payment contract.
SEC. 224. None of the funds made available by this Act, or
any other Act, for purposes authorized under section 8 (only with
respect to the tenant-based rental assistance program) and section
9 of the United States Housing Act of 1937 (42 U.S.C. 1437 et
seq.), may be used by any public housing agency for any amount
of salary, including bonuses, for the chief executive officer of which,
or any other official or employee of which, that exceeds the annual
rate of basic pay payable for a position at level IV of the Executive
Schedule at any time during any public housing agency fiscal year
2017.
SEC. 225. None of the funds in this Act may be available
for the doctoral dissertation research grant program at the Department of Housing and Urban Development.
SEC. 226. Section 24 of the United States Housing Act of
1937 (42 U.S.C. 1437v) is amended—
(1) in subsection (m)(1), by striking ‘‘fiscal year’’ and all
that follows through the period at the end and inserting ‘‘fiscal
year 2017.’’; and
(2) in subsection (o), by striking ‘‘September’’ and all that
follows through the period at the end and inserting ‘‘September
30, 2017.’’.
SEC. 227. None of the funds in this Act provided to the Department of Housing and Urban Development may be used to make
a grant award unless the Secretary notifies the House and Senate
Committees on Appropriations not less than 3 full business days
before any project, State, locality, housing authority, tribe, nonprofit
organization, or other entity selected to receive a grant award
is announced by the Department or its offices.
SEC. 228. None of the funds made available by this Act may
be used to require or enforce the Physical Needs Assessment (PNA).
SEC. 229. None of the funds made available by this Act nor
any receipts or amounts collected under any Federal Housing
Administration program may be used to implement the Homeowners Armed with Knowledge (HAWK) program.
SEC. 230. None of the funds made available in this Act shall
be used by the Federal Housing Administration, the Government
National Mortgage Administration, or the Department of Housing
and Urban Development to insure, securitize, or establish a Federal
guarantee of any mortgage or mortgage backed security that
refinances or otherwise replaces a mortgage that has been subject
to eminent domain condemnation or seizure, by a State, municipality, or any other political subdivision of a State.
SEC. 231. None of the funds made available by this Act may
be used to terminate the status of a unit of general local government
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Recommendations.
Notification.
Deadline.
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Grants.
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as a metropolitan city (as defined in section 102 of the Housing
and Community Development Act of 1974 (42 U.S.C. 5302)) with
respect to grants under section 106 of such Act (42 U.S.C. 5306).
SEC. 232. Amounts made available under this Act which are
either appropriated, allocated, advanced on a reimbursable basis,
or transferred to the Office of Policy Development and Research
in the Department of Housing and Urban Development and functions thereof, for research, evaluation, or statistical purposes, and
which are unexpended at the time of completion of a contract,
grant, or cooperative agreement, may be deobligated and shall
immediately become available and may be reobligated in that fiscal
year or the subsequent fiscal year for the research, evaluation,
or statistical purposes for which the amounts are made available
to that Office subject to reprogramming requirements in section
405 of this Act.
SEC. 233. None of the funds provided in this Act or any other
act may be used for awards, including performance, special act,
or spot, for any employee of the Department of Housing and Urban
Development who has been subject to administrative discipline
in fiscal years 2016 or 2017, including suspension from work.
SEC. 234. Funds made available in this title under the heading
‘‘Homeless Assistance Grants’’ may be used by the Secretary to
participate in Performance Partnership Pilots authorized under section 526 of division H of Public Law 113–76, section 524 of division
G of Public Law 113–235, section 525 of division H of Public
Law 114–113, and such authorities as are enacted for Performance
Partnership Pilots in an appropriations Act for fiscal year 2017:
Provided, That such participation shall be limited to no more than
10 continuums of care and housing activities to improve outcomes
for disconnected youth.
SEC. 235. With respect to grant amounts awarded under the
heading ‘‘Homeless Assistance Grants’’ for fiscal years 2015, 2016,
and 2017 for the continuum of care (CoC) program as authorized
under subtitle C of title IV of the McKinney-Vento Homeless Assistance Act, costs paid by program income of grant recipients may
count toward meeting the recipient’s matching requirements, provided the costs are eligible CoC costs that supplement the recipients
CoC program.
SEC. 236. (a) From amounts made available under this title
under the heading ‘‘Homeless Assistance Grants’’, the Secretary
may award 1-year transition grants to recipients of funds for activities under subtitle C of the McKinney-Vento Homeless Assistance
Act (42 U.S.C. 11381 et seq.) to transition from one Continuum
of Care program component to another.
(b) No more than 50 percent of each transition grant may
be used for costs of eligible activities of the program component
originally funded.
(c) Transition grants made under this section are eligible for
renewal in subsequent fiscal years for the eligible activities of
the new program component.
(d) In order to be eligible to receive a transition grant, the
funding recipient must have the consent of the Continuum of Care
and meet standards determined by the Secretary.
SEC. 237. (a) Section 302 of the Lead-Based Paint Poisoning
Prevention Act (42 U.S.C. 4822) is amended in subsection (e)—
(1) in paragraph (1)—
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131 STAT. 789
(i) by striking ‘‘handicapped’’ and inserting ‘‘persons
with disabilities, or any 0-bedroom dwelling’’;
(ii) by inserting ‘‘or’’ after ‘‘expected to reside;’’; and
(iii) by striking ‘‘less than 7 years of age’’ and inserting
‘‘under age 6’’;
(2) in paragraph (2) by striking ‘‘; or’’ and inserting ‘‘.’’;
and
(3) by striking paragraph (3).
(b) Section 1004 of the Residential Lead-Based Paint Hazard
Reduction Act of 1992 (42 U.S.C. 4851b) is amended in paragraph
(27)—
(1) by inserting ‘‘or any 0-bedroom dwelling’’ after ‘‘disabilities,’’; and
(2) by deleting ‘‘housing for the elderly or persons with
disabilities) or any 0 bedroom dwelling’’ and inserting
‘‘housing)’’.
(c) Section 401 of the Toxic Substances Control Act (15 U.S.C.
2681) is amended in paragraph (17)—
(1) by inserting ‘‘or any 0-bedroom dwelling’’ after ‘‘disabilities,’’; and
(2) by deleting ‘‘housing for the elderly or persons with
disabilities) or any 0 bedroom dwelling’’ and inserting
‘‘housing)’’.
SEC. 238. Section 211 of the Department of Housing and Urban
Development Appropriations Act, 2008, is repealed.
SEC. 239. The language under the heading Rental Assistance
Demonstration in the Department of Housing and Urban Development Appropriations Act, 2012 (Public Law 112–55), is amended—
(1) in the second proviso, by striking ‘‘2018’’ and inserting
‘‘2020’’; and
(2) in the fourth proviso, by striking ‘‘185,000’’ and inserting
‘‘225,000’’.
SEC. 240. The Secretary shall establish by notice such requirements as may be necessary to implement section 78001 of title
LXXVIII of the Fixing America’s Surface Transportation Act (Public
Law 114–94), and the notice shall take effect upon issuance: Provided, That the Secretary shall commence rulemaking based on
the initial notice no later than the expiration of the 6-month period
following issuance of the notice and the rulemaking shall allow
for the opportunity for public comment.
SEC. 241. For fiscal year 2017 and hereafter, the Secretary
of Housing and Urban Development may use amounts made available for the Continuum of Care program under the ‘‘Homeless
Assistance Grants’’ heading under this title to renew a grant originally awarded pursuant to the matter under the heading ‘‘Department of Housing and Urban Development—Permanent Supportive
Housing’’ in chapter 6 of title III of the Supplemental Appropriations
Act, 2008 (Public Law 110–252; 122 Stat. 2351) for assistance
under subtitle F of title IV of the McKinney-Vento Homeless Assistance Act (42 U.S.C 11403 et seq.). Such renewal grant shall be
awarded to the same grantee and be subject to the provisions
of such Continuum of Care program except that the funds may
be used outside the geographic area of the continuum of care.
SEC. 242. Section 218(g) of the Cranston-Gonzalez National
Affordable Housing Act (42 U.S.C. 12748(g)) shall not apply with
respect to the right of a jurisdiction to draw funds from its HOME
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42 USC 1437
note.
42 USC 1437f
note.
Notice.
Effective date.
42 USC 1437a
note.
Regulations.
Deadline.
Time period.
Grants.
PUBL031
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PUBLIC LAW 115–31—MAY 5, 2017
Investment Trust Fund that otherwise expired or would expire
in 2016, 2017, 2018, or 2019 under that section.
SEC. 243. None of the funds made available by this Act may
be used by the Department of Housing and Urban Development
to direct a grantee to undertake specific changes to existing zoning
laws as part of carrying out the final rule entitled ‘‘Affirmatively
Furthering Fair Housing’’ (80 Fed. Reg. 42272 (July 16, 2015))
or the notice entitled ‘‘Affirmatively Furthering Fair Housing
Assessment Tool’’ (79 Fed. Reg. 57949 (September 26, 2014)).
This title may be cited as the ‘‘Department of Housing and
Urban Development Appropriations Act, 2017’’.
TITLE III
RELATED AGENCIES
ACCESS BOARD
SALARIES AND EXPENSES
For expenses necessary for the Access Board, as authorized
by section 502 of the Rehabilitation Act of 1973, as amended,
$8,190,000: Provided, That, notwithstanding any other provision
of law, there may be credited to this appropriation funds received
for publications and training expenses.
FEDERAL MARITIME COMMISSION
SALARIES AND EXPENSES
For necessary expenses of the Federal Maritime Commission
as authorized by section 201(d) of the Merchant Marine Act, 1936,
as amended (46 U.S.C. 307), including services as authorized by
5 U.S.C. 3109; hire of passenger motor vehicles as authorized by
31 U.S.C. 1343(b); and uniforms or allowances therefore, as authorized by 5 U.S.C. 5901–5902, $27,490,000: Provided, That not to
exceed $2,000 shall be available for official reception and representation expenses.
NATIONAL RAILROAD PASSENGER CORPORATION
OFFICE
OF INSPECTOR
GENERAL
SALARIES AND EXPENSES
Investigative
authority.
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For necessary expenses of the Office of Inspector General for
the National Railroad Passenger Corporation to carry out the provisions of the Inspector General Act of 1978, as amended, $23,274,000:
Provided, That the Inspector General shall have all necessary
authority, in carrying out the duties specified in the Inspector
General Act, as amended (5 U.S.C. App. 3), to investigate allegations
of fraud, including false statements to the government (18 U.S.C.
1001), by any person or entity that is subject to regulation by
the National Railroad Passenger Corporation: Provided further,
That the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other services with
public agencies and with private persons, subject to the applicable
laws and regulations that govern the obtaining of such services
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131 STAT. 791
within the National Railroad Passenger Corporation: Provided further, That the Inspector General may select, appoint, and employ
such officers and employees as may be necessary for carrying out
the functions, powers, and duties of the Office of Inspector General,
subject to the applicable laws and regulations that govern such
selections, appointments, and employment within the Corporation:
Provided further, That concurrent with the President’s budget
request for fiscal year 2018, the Inspector General shall submit
to the House and Senate Committees on Appropriations a budget
request for fiscal year 2018 in similar format and substance to
those submitted by executive agencies of the Federal Government.
Budget request.
NATIONAL TRANSPORTATION SAFETY BOARD
SALARIES AND EXPENSES
For necessary expenses of the National Transportation Safety
Board, including hire of passenger motor vehicles and aircraft;
services as authorized by 5 U.S.C. 3109, but at rates for individuals
not to exceed the per diem rate equivalent to the rate for a GS–
15; uniforms, or allowances therefor, as authorized by law (5 U.S.C.
5901–5902), $106,000,000, of which not to exceed $2,000 may be
used for official reception and representation expenses. The amounts
made available to the National Transportation Safety Board in
this Act include amounts necessary to make lease payments on
an obligation incurred in fiscal year 2001 for a capital lease.
NEIGHBORHOOD REINVESTMENT CORPORATION
PAYMENT TO THE NEIGHBORHOOD REINVESTMENT CORPORATION
For payment to the Neighborhood Reinvestment Corporation
for use in neighborhood reinvestment activities, as authorized by
the Neighborhood Reinvestment Corporation Act (42 U.S.C. 8101–
8107), $140,000,000, of which $5,000,000 shall be for a multi-family
rental housing program.
SURFACE TRANSPORTATION BOARD
SALARIES AND EXPENSES
For necessary expenses of the Surface Transportation Board,
including services authorized by 5 U.S.C. 3109, $37,000,000: Provided, That notwithstanding any other provision of law, not to
exceed $1,250,000 from fees established by the Chairman of the
Surface Transportation Board shall be credited to this appropriation
as offsetting collections and used for necessary and authorized
expenses under this heading: Provided further, That the sum herein
appropriated from the general fund shall be reduced on a dollarfor-dollar basis as such offsetting collections are received during
fiscal year 2017, to result in a final appropriation from the general
fund estimated at no more than $35,750,000.
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PUBL031
131 STAT. 792
PUBLIC LAW 115–31—MAY 5, 2017
UNITED STATES INTERAGENCY COUNCIL
ON
HOMELESSNESS
OPERATING EXPENSES
For necessary expenses (including payment of salaries, authorized travel, hire of passenger motor vehicles, the rental of conference
rooms, and the employment of experts and consultants under section
3109 of title 5, United States Code) of the United States Interagency
Council on Homelessness in carrying out the functions pursuant
to title II of the McKinney-Vento Homeless Assistance Act, as
amended, $3,600,000: Provided, That title II of the McKinney-Vento
Homeless Assistance Act (42 U.S.C. 11319) is amended by striking
‘‘October 1, 2017’’ in section 209 and inserting ‘‘October 1, 2018’’.
TITLE IV
GENERAL PROVISIONS—THIS ACT
(INCLUDING RESCISSIONS)
Contracts.
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SEC. 401. None of the funds in this Act shall be used for
the planning or execution of any program to pay the expenses
of, or otherwise compensate, non-Federal parties intervening in
regulatory or adjudicatory proceedings funded in this Act.
SEC. 402. None of the funds appropriated in this Act shall
remain available for obligation beyond the current fiscal year, nor
may any be transferred to other appropriations, unless expressly
so provided herein.
SEC. 403. The expenditure of any appropriation under this
Act for any consulting service through a procurement contract
pursuant to section 3109 of title 5, United States Code, shall be
limited to those contracts where such expenditures are a matter
of public record and available for public inspection, except where
otherwise provided under existing law, or under existing Executive
order issued pursuant to existing law.
SEC. 404. (a) None of the funds made available in this Act
may be obligated or expended for any employee training that—
(1) does not meet identified needs for knowledge, skills,
and abilities bearing directly upon the performance of official
duties;
(2) contains elements likely to induce high levels of emotional response or psychological stress in some participants;
(3) does not require prior employee notification of the content and methods to be used in the training and written end
of course evaluation;
(4) contains any methods or content associated with religious or quasi-religious belief systems or ‘‘new age’’ belief systems as defined in Equal Employment Opportunity Commission
Notice N–915.022, dated September 2, 1988; or
(5) is offensive to, or designed to change, participants’
personal values or lifestyle outside the workplace.
(b) Nothing in this section shall prohibit, restrict, or otherwise
preclude an agency from conducting training bearing directly upon
the performance of official duties.
SEC. 405. Except as otherwise provided in this Act, none of
the funds provided in this Act, provided by previous appropriations
Acts to the agencies or entities funded in this Act that remain
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131 STAT. 793
available for obligation or expenditure in fiscal year 2017, or provided from any accounts in the Treasury derived by the collection
of fees and available to the agencies funded by this Act, shall
be available for obligation or expenditure through a reprogramming
of funds that—
(1) creates a new program;
(2) eliminates a program, project, or activity;
(3) increases funds or personnel for any program, project,
or activity for which funds have been denied or restricted
by the Congress;
(4) proposes to use funds directed for a specific activity
by either the House or Senate Committees on Appropriations
for a different purpose;
(5) augments existing programs, projects, or activities in
excess of $5,000,000 or 10 percent, whichever is less;
(6) reduces existing programs, projects, or activities by
$5,000,000 or 10 percent, whichever is less; or
(7) creates, reorganizes, or restructures a branch, division,
office, bureau, board, commission, agency, administration, or
department different from the budget justifications submitted
to the Committees on Appropriations or the table accompanying
the explanatory statement accompanying this Act, whichever
is more detailed, unless prior approval is received from the
House and Senate Committees on Appropriations: Provided,
That not later than 60 days after the date of enactment of
this Act, each agency funded by this Act shall submit a report
to the Committees on Appropriations of the Senate and of
the House of Representatives to establish the baseline for
application of reprogramming and transfer authorities for the
current fiscal year: Provided further, That the report shall
include—
(A) a table for each appropriation with a separate
column to display the prior year enacted level, the President’s budget request, adjustments made by Congress,
adjustments due to enacted rescissions, if appropriate, and
the fiscal year enacted level;
(B) a delineation in the table for each appropriation
and its respective prior year enacted level by object class
and program, project, and activity as detailed in the budget
appendix for the respective appropriation; and
(C) an identification of items of special congressional
interest.
SEC. 406. Except as otherwise specifically provided by law,
not to exceed 50 percent of unobligated balances remaining available
at the end of fiscal year 2017 from appropriations made available
for salaries and expenses for fiscal year 2017 in this Act, shall
remain available through September 30, 2018, for each such account
for the purposes authorized: Provided, That a request shall be
submitted to the House and Senate Committees on Appropriations
for approval prior to the expenditure of such funds: Provided further,
That these requests shall be made in compliance with reprogramming guidelines under section 405 of this Act.
SEC. 407. No funds in this Act may be used to support any
Federal, State, or local projects that seek to use the power of
eminent domain, unless eminent domain is employed only for a
public use: Provided, That for purposes of this section, public use
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Deadline.
Reports.
Submission.
Eminent domain.
PUBL031
131 STAT. 794
Deadline.
Time period.
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PUBLIC LAW 115–31—MAY 5, 2017
shall not be construed to include economic development that primarily benefits private entities: Provided further, That any use
of funds for mass transit, railroad, airport, seaport or highway
projects, as well as utility projects which benefit or serve the general
public (including energy-related, communication-related, waterrelated and wastewater-related infrastructure), other structures
designated for use by the general public or which have other
common-carrier or public-utility functions that serve the general
public and are subject to regulation and oversight by the government, and projects for the removal of an immediate threat to
public health and safety or brownfields as defined in the Small
Business Liability Relief and Brownfields Revitalization Act (Public
Law 107–118) shall be considered a public use for purposes of
eminent domain.
SEC. 408. None of the funds made available in this Act may
be transferred to any department, agency, or instrumentality of
the United States Government, except pursuant to a transfer made
by, or transfer authority provided in, this Act or any other appropriations Act.
SEC. 409. No part of any appropriation contained in this Act
shall be available to pay the salary for any person filling a position,
other than a temporary position, formerly held by an employee
who has left to enter the Armed Forces of the United States and
has satisfactorily completed his or her period of active military
or naval service, and has within 90 days after his or her release
from such service or from hospitalization continuing after discharge
for a period of not more than 1 year, made application for restoration
to his or her former position and has been certified by the Office
of Personnel Management as still qualified to perform the duties
of his or her former position and has not been restored thereto.
SEC. 410. No funds appropriated pursuant to this Act may
be expended by an entity unless the entity agrees that in expending
the assistance the entity will comply with sections 2 through 4
of the Act of March 3, 1933 (41 U.S.C. 8301–8305, popularly known
as the ‘‘Buy American Act’’).
SEC. 411. No funds appropriated or otherwise made available
under this Act shall be made available to any person or entity
that has been convicted of violating the Buy American Act (41
U.S.C. 8301–8305).
SEC. 412. None of the funds made available in this Act may
be used for first-class airline accommodations in contravention of
sections 301–10.122 and 301–10.123 of title 41, Code of Federal
Regulations.
SEC. 413. (a) None of the funds made available by this Act
may be used to approve a new foreign air carrier permit under
sections 41301 through 41305 of title 49, United States Code, or
exemption application under section 40109 of that title of an air
carrier already holding an air operators certificate issued by a
country that is party to the U.S.-E.U.-Iceland-Norway Air Transport
Agreement where such approval would contravene United States
law or Article 17 bis of the U.S.-E.U.-Iceland-Norway Air Transport
Agreement.
(b) Nothing in this section shall prohibit, restrict or otherwise
preclude the Secretary of Transportation from granting a foreign
air carrier permit or an exemption to such an air carrier where
such authorization is consistent with the U.S.-E.U.-Iceland-Norway
Air Transport Agreement and United States law.
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131 STAT. 795
SEC. 414. None of the funds made available in this Act may
be used to send or otherwise pay for the attendance of more than
50 employees of a single agency or department of the United States
Government, who are stationed in the United States, at any single
international conference unless the relevant Secretary reports to
the House and Senate Committees on Appropriations at least 5
days in advance that such attendance is important to the national
interest: Provided, That for purposes of this section the term ‘‘international conference’’ shall mean a conference occurring outside of
the United States attended by representatives of the United States
Government and of foreign governments, international organizations, or nongovernmental organizations.
SEC. 415. None of the funds made available by this Act may
be used by the Department of Transportation, the Department
of Housing and Urban Development, or any other Federal agency
to lease or purchase new light duty vehicles for any executive
fleet, or for an agency’s fleet inventory, except in accordance with
Presidential Memorandum—Federal Fleet Performance, dated May
24, 2011.
SEC. 416. None of the funds appropriated or otherwise made
available under this Act may be used by the Surface Transportation
Board to charge or collect any filing fee for rate or practice complaints filed with the Board in an amount in excess of the amount
authorized for district court civil suit filing fees under section
1914 of title 28, United States Code.
SEC. 417. All unobligated balances, including recaptures and
carryover, remaining from funds appropriated in division L of Public
Law 114–113 for ‘‘Department of Transportation-Office of the Secretary-Salaries and Expenses’’, ‘‘Department of TransportationOffice of the Secretary-Office of Civil Rights’’, ‘‘Department of
Transportation-Office of the Secretary-Minority Business Outreach’’,
‘‘Department of Transportation-Federal Transit AdministrationAdministrative Expenses’’, ‘‘Department of Transportation-Pipeline
and Hazardous Materials Safety Administration-Operational
Expenses’’, ‘‘Department of Transportation-Surface Transportation
Board-Salaries and Expenses’’, ‘‘Access Board-Salaries and
Expenses’’, ‘‘Federal Maritime Commission-Salaries and Expenses’’,
‘‘National Railroad Passenger Corporation-Office of Inspector General-Salaries and Expenses’’, ‘‘National Transportation Safety
Board-Salaries and Expenses’’, and ‘‘United States Interagency
Council on Homelessness-Operating Expenses’’ are rescinded.
SEC. 418. (a) None of the funds made available in this Act
may be used to deny an Inspector General funded under this
Act timely access to any records, documents, or other materials
available to the department or agency over which that Inspector
General has responsibilities under the Inspector General Act of
1978 (5 U.S.C. App.), or to prevent or impede that Inspector General’s access to such records, documents, or other materials, under
any provision of law, except a provision of law that expressly
refers to the Inspector General and expressly limits the Inspector
General’s right of access.
(b) A department or agency covered by this section shall provide
its Inspector General with access to all such records, documents,
and other materials in a timely manner.
(c) Each Inspector General shall ensure compliance with statutory limitations on disclosure relevant to the information provided
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Reports.
Deadline.
Definition.
Records.
PUBL031
131 STAT. 796
Reports.
Deadline.
Notification.
Deadline.
Reports.
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PUBLIC LAW 115–31—MAY 5, 2017
by the establishment over which that Inspector General has responsibilities under the Inspector General Act of 1978 (5 U.S.C. App.).
(d) Each Inspector General covered by this section shall report
to the Committees on Appropriations of the House of Representatives and the Senate within 5 calendar days any failures to comply
with this requirement.
SEC. 419. Notwithstanding any other provision of law, on and
after the date of enactment of this Act (without regard to fiscal
year)—
(1) subsections (c) and (d) of section 395.3 of title 49,
Code of Federal Regulations, as codified on the day before
the date of enactment of this Act, are null and void; and
(2) section 395.3(c) of title 49, Code of Federal Regulations,
as in effect on December 26, 2011, is hereby restored to full
force and effect.
SEC. 420. For an additional amount for the Emergency Relief
Program as authorized by section 125 of title 23, United States
Code, $528,000,000, to remain available until expended: Provided,
That such amount is designated by the Congress as an emergency
requirement pursuant to section 251(b)(2)(A)(i) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
SEC. 421. For an additional amount for ‘‘Department of Housing
and Urban Development, Community Planning and Development,
Community Development Fund’’, $400,000,000, to remain available
until expended, which amounts shall be allocated and used under
the same authority and conditions as—
(1) the additional appropriations for fiscal year 2016 in
section 145(a) of division C of Public Law 114–223 and for
fiscal year 2017 in section 192(a) of division C of Public Law
114–223 (as added by section 101(3) of division A of Public
Law 114–254) (except for the last proviso under such section
145(a) and the proviso under such section 192);
(2) the additional appropriation for fiscal year 2016 in
section 420 of title IV of division L of Public Law 114–113
(except for the last two provisos under such section); and
(3) in section 145(a) of division C of Public Law 114–
223 (except for the last proviso under such section 145(a)),
for additional major disasters declared in calendar year 2017
or later until such funds are fully allocated:
Provided, That amounts authorized for use under section 192(b)
of division C of Public Law 114–223 (as added by section 101(3)
of division A of Public Law 114–254) may be used for necessary
costs, including information technology costs, of administering and
overseeing the obligation and expenditure of amounts made available under this section: Provided further, That amounts made available by this section shall be designated by the Congress as an
emergency requirement pursuant to section 251(b)(2)(A)(i) of the
Balanced Budget and Emergency Deficit Control Act of 1985.
SEC. 422. (a) A State or territory, as defined in section 165
of title 23, United States Code, may use for any project eligible
under section 133(b) of title 23 or section 165 of title 23 and
located within the boundary of the State or territory any earmarked
amount, and any associated obligation limitation, provided that
the Department of Transportation for the State or territory for
which the earmarked amount was originally designated or directed
notifies the Secretary of Transportation of its intent to use its
authority under this section and submits a quarterly report to
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the Secretary identifying the projects to which the funding would
be applied. Notwithstanding the original period of availability of
funds to be obligated under this section, such funds and associated
obligation limitation shall remain available for obligation for a
period of 3 fiscal years after the fiscal year in which the Secretary
of Transportation is notified. The Federal share of the cost of
a project carried out with funds made available under this section
shall be the same as associated with the earmark.
(b) In this section, the term ‘‘earmarked amount’’ means—
(1) congressionally directed spending, as defined in rule
XLIV of the Standing Rules of the Senate, identified in a
prior law, report, or joint explanatory statement, which was
authorized to be appropriated or appropriated more than 10
fiscal years prior to the current fiscal year, and administered
by the Federal Highway Administration; or
(2) a congressional earmark, as defined in rule XXI of
the Rules of the House of Representatives identified in a prior
law, report, or joint explanatory statement, which was authorized to be appropriated or appropriated more than 10 fiscal
years prior to the current fiscal year, and administered by
the Federal Highway Administration.
(c) The authority under subsection (a) may be exercised only
for those projects or activities that have obligated less than 10
percent of the amount made available for obligation as of October
1 of the current fiscal year, and shall be applied to projects within
the same general geographic area within 100 miles for which the
funding was designated, except that a State or territory may apply
such authority to unexpended balances of funds from projects or
activities the State or territory certifies have been closed and for
which payments have been made under a final voucher.
(d) The Secretary shall submit consolidated reports of the
information provided by the States and territories each quarter
to the House and Senate Committees on Appropriations.
SEC. 423. (a) Section 1105(c) of the Intermodal Surface
Transportation Efficiency Act of 1991 is amended by adding at
the end the following:
‘‘(89) United States Route 67 from Interstate 40 in North
Little Rock, Arkansas, to United States Route 412.
‘‘(90) The Edward T. Breathitt Parkway from Interstate
24 to Interstate 69.’’.
(b) Section 1105(e)(5)(A) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended in the first sentence
by striking ‘‘and subsection (c)(83)’’ and inserting ‘‘subsection (c)(83),
subsection (c)(89), and subsection (c)(90)’’.
(c) Section 1105(e)(5)(C)(i) of the Intermodal Surface Transportation Efficiency Act of 1991 is amended by adding at the end
the following: ‘‘The route referred to in subsection (c)(89) is designated as Interstate Route I–57. The route referred to in subsection
(c)(90) is designated as Interstate Route I–169.’’.
This division may be cited as the ‘‘Transportation, Housing
and Urban Development, and Related Agencies Appropriations Act,
2017’’.
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Time period.
Definition.
Reports.
Deadline.
105 Stat. 2031.
PUBL031
131 STAT. 798
Military
Construction
and Veterans
Affairs—
Additional
Appropriations
Act, 2017.
PUBLIC LAW 115–31—MAY 5, 2017
DIVISION L—MILITARY CONSTRUCTION AND VETERANS
AFFAIRS—ADDITIONAL APPROPRIATIONS ACT, 2017
TITLE I
OVERSEAS CONTINGENCY OPERATIONS
DEPARTMENT OF DEFENSE
MILITARY CONSTRUCTION, ARMY
For an additional amount for ‘‘Military Construction, Army’’,
$39,500,000, to remain available until September 30, 2021: Provided, That such funds may be obligated and expended to carry
out planning and design and military construction projects authorized by law: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, NAVY
AND
MARINE CORPS
For an additional amount for ‘‘Military Construction, Navy
and Marine Corps’’, $66,708,000, to remain available until September 30, 2021: Provided, That such funds may be obligated and
expended to carry out planning and design and military construction
projects authorized by law: Provided further, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, AIR FORCE
For an additional amount for ‘‘Military Construction, Air Force’’,
$105,300,000, to remain available until September 30, 2021: Provided, That such funds may be obligated and expended to carry
out planning and design and military construction projects authorized by law: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, ARMY NATIONAL GUARD
For an additional amount for ‘‘Military Construction, Army
National Guard’’, $12,000,000, to remain available until September
30, 2021: Provided, That such funds may be obligated and expended
to carry out planning and design and military construction projects
authorized by law: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, AIR NATIONAL GUARD
For an additional amount for ‘‘Military Construction, Air
National Guard’’, $13,000,000, to remain available until September
30, 2021: Provided, That such funds may be obligated and expended
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131 STAT. 799
to carry out planning and design and military construction projects
authorized by law: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, ARMY RESERVE
For an additional amount for ‘‘Military Construction, Army
Reserve’’, $10,000,000, to remain available until September 30,
2021: Provided, That such funds may be obligated and expended
to carry out planning and design and military construction projects
authorized by law: Provided further, That such amount is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, NAVY RESERVE
For an additional amount for ‘‘Military Construction, Navy
Reserve’’, $4,525,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry
out planning and design and military construction projects authorized by law: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
MILITARY CONSTRUCTION, AIR FORCE RESERVE
For an additional amount for ‘‘Military Construction, Air Force
Reserve’’, $9,000,000, to remain available until September 30, 2021:
Provided, That such funds may be obligated and expended to carry
out planning and design and military construction projects authorized by law: Provided further, That such amount is designated
by the Congress for Overseas Contingency Operations/Global War
on Terrorism pursuant to section 251(b)(2)(A)(ii) of the Balanced
Budget and Emergency Deficit Control Act of 1985.
ADMINISTRATIVE PROVISION—THIS TITLE
(RESCISSION OF FUNDS)
SEC. 101. Of the unobligated balances made available by division I of Public Law 113–235 for ‘‘European Reassurance Initiative
Military Construction’’ for ‘‘Military Construction, Air Force’’,
$12,300,000 are hereby rescinded: Provided, That such amount
is designated by the Congress for Overseas Contingency Operations/
Global War on Terrorism pursuant to section 251(b)(2)(A)(ii) of
the Balanced Budget and Emergency Deficit Control Act of 1985.
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PUBLIC LAW 115–31—MAY 5, 2017
TITLE II
DEPARTMENT OF VETERANS AFFAIRS
VETERANS HEALTH ADMINISTRATION
MEDICAL SERVICES
For an additional amount for ‘‘Medical Services’’, $50,000,000,
to remain available until September 30, 2018: Provided, That such
funds shall be for opioid and substance abuse prevention and treatment, and further implementation of the Jason Simcakoski Memorial and Promise Act (Title IX of Public Law 114–198).
TITLE III
GENERAL PROVISION—THIS DIVISION
SEC. 301. Notwithstanding any other provision of law, funds
made available in this division are in addition to amounts appropriated or otherwise made available for the Department of Defense
and the Department of Veterans Affairs for fiscal year 2017: Provided, That such amounts shall be subject to the terms and conditions set forth in division A of Public Law 114–223.
This division may be cited as ‘‘Military Construction and Veterans Affairs—Additional Appropriations Act, 2017’’.
DIVISION M—OTHER MATTERS
TITLE I—HEALTH BENEFITS FOR
MINERS ACT OF 2017
Health Benefits
for Miners Act
of 2017.
42 USC 1305
note.
SEC. 101. SHORT TITLE.
This title may be cited as ‘‘Health Benefits for Miners Act
of 2017’’.
SEC. 102. EXTENSION OF TANF PROGRAM AND DETERMINING WHAT
WORKS TO MOVE WELFARE RECIPIENTS INTO JOBS.
(a) IN GENERAL.—Each of the following provisions of the Social
Security Act is amended by striking ‘‘fiscal year 2012’’ each place
it appears and inserting ‘‘each of fiscal years 2017 and 2018’’:
(1) Subparagraphs (A) and (C) of section 403(a)(1) (42
U.S.C. 603(a)(1)).
(2) Section 403(a)(2)(D) (42 U.S.C. 603(a)(2)(D)), except that
the 2nd sentence of such section is amended by striking ‘‘fiscal
year 2012’’ and inserting ‘‘fiscal year 2017 or 2018’’.
(3) Paragraphs (1)(A) and (2)(A) of section 412(a) (42 U.S.C.
612(a)).
(4) Section 418(a)(3) (42 U.S.C. 618(a)(3)).
(5) Section 1108(b)(2) (42 U.S.C. 1308(b)(2)).
(b) CONTINGENCY FUND.—Section 403(b)(2) of such Act (42
U.S.C. 603(b)(2)) is amended to read as follows:
‘‘(2) DEPOSITS INTO FUND.—Out of any money in the
Treasury of the United States not otherwise appropriated, there
are appropriated for fiscal year 2018 such sums as are necessary
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131 STAT. 801
for payment to the Fund in a total amount not to exceed
$608,000,000.’’.
(c) STRENGTHENING WELFARE RESEARCH AND EVALUATION AND
DEVELOPMENT OF A WHAT WORKS CLEARINGHOUSE.—
(1) IN GENERAL.—Section 413 of such Act (42 U.S.C. 613)
is amended to read as follows:
‘‘SEC. 413. EVALUATION OF TEMPORARY ASSISTANCE FOR NEEDY
FAMILIES AND RELATED PROGRAMS.
‘‘(a) EVALUATION OF THE IMPACTS OF TANF.—The Secretary
shall conduct research on the effect of State programs funded under
this part and any other State program funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i)) on employment,
self-sufficiency, child well-being, unmarried births, marriage, poverty, economic mobility, and other factors as determined by the
Secretary.
‘‘(b) EVALUATION OF GRANTS TO IMPROVE CHILD WELL-BEING
BY PROMOTING HEALTHY MARRIAGE AND RESPONSIBLE FATHERHOOD.—The Secretary shall conduct research to determine the
effects of the grants made under section 403(a)(2) on child wellbeing, marriage, family stability, economic mobility, poverty, and
other factors as determined by the Secretary.
‘‘(c) DISSEMINATION OF INFORMATION.—The Secretary shall, in
consultation with States receiving funds provided under this part,
develop methods of disseminating information on any research,
evaluation, or study conducted under this section, including facilitating the sharing of information and best practices among States
and localities.
‘‘(d) STATE-INITIATED EVALUATIONS.—A State shall be eligible
to receive funding to evaluate the State program funded under
this part or any other State program funded with qualified State
expenditures (as defined in section 409(a)(7)(B)(i)) if—
‘‘(1) the State submits to the Secretary a description of
the proposed evaluation;
‘‘(2) the Secretary determines that the design and approach
of the proposed evaluation is rigorous and is likely to yield
information that is credible and will be useful to other States;
and
‘‘(3) unless waived by the Secretary, the State contributes
to the cost of the evaluation, from non-Federal sources, an
amount equal to at least 25 percent of the cost of the proposed
evaluation.
‘‘(e) CENSUS BUREAU RESEARCH.—
‘‘(1) The Bureau of the Census shall implement or enhance
household surveys of program participation, in consultation
with the Secretary and the Bureau of Labor Statistics and
made available to interested parties, to allow for the assessment
of the outcomes of continued welfare reform on the economic
and child well-being of low-income families with children,
including those who received assistance or services from a
State program funded under this part or any other State program funded with qualified State expenditures (as defined in
section 409(a)(7)(B)(i)). The content of the surveys should
include such information as may be necessary to examine the
issues of unmarried childbearing, marriage, welfare dependency
and compliance with work requirements, the beginning and
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Determination.
Determination.
Consultation.
Determination.
Surveys.
Consultation.
PUBL031
131 STAT. 802
Poverty.
Consultation.
Lists.
Consultation.
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PUBLIC LAW 115–31—MAY 5, 2017
ending of spells of assistance, work, earnings and employment
stability, and the well-being of children.
‘‘(2) To carry out the activities specified in paragraph (1),
the Bureau of the Census, the Secretary, and the Bureau of
Labor Statistics shall consider ways to improve the surveys
and data derived from the surveys to—
‘‘(A) address under reporting of the receipt of meanstested benefits and tax benefits for low-income individuals
and families;
‘‘(B) increase understanding of poverty spells and longterm poverty, including by facilitating the matching of
information to better understand intergenerational poverty;
‘‘(C) generate a better geographical understanding of
poverty such as through State-based estimates and measures of neighborhood poverty;
‘‘(D) increase understanding of the effects of meanstested benefits and tax benefits on the earnings and
incomes of low-income families; and
‘‘(E) improve how poverty and economic well-being are
measured, including through the use of consumption measures, material deprivation measures, social exclusion measures, and economic and social mobility measures.
‘‘(f) RESEARCH AND EVALUATION CONDUCTED UNDER THIS SECTION.—Research and evaluation conducted under this section
designed to determine the effects of a program or policy (other
than research conducted under subsection (e)) shall use experimental designs using random assignment or other reliable, evidence-based research methodologies that allow for the strongest
possible causal inferences when random assignment is not feasible.
‘‘(g) DEVELOPMENT OF WHAT WORKS CLEARINGHOUSE OF
PROVEN AND PROMISING APPROACHES TO MOVE WELFARE RECIPIENTS INTO WORK.—
‘‘(1) IN GENERAL.—The Secretary, in consultation with the
Secretary of Labor, shall develop a database (which shall be
referred to as the ‘What Works Clearinghouse of Proven and
Promising Projects to Move Welfare Recipients into Work’) of
the projects that used a proven approach or a promising
approach in moving welfare recipients into work, based on
independent, rigorous evaluations of the projects. The database
shall include a separate listing of projects that used a developmental approach in delivering services and a further separate
listing of the projects with no or negative effects. The Secretary
shall add to the What Works Clearinghouse of Proven and
Promising Projects to Move Welfare Recipients into Work data
about the projects that, based on an independent, well-conducted experimental evaluation of a program or project, using
random assignment or other research methodologies that allow
for the strongest possible causal inferences, have shown they
are proven, promising, developmental, or ineffective approaches.
‘‘(2) CRITERIA FOR EVIDENCE OF EFFECTIVENESS OF
APPROACH.—The Secretary, in consultation with the Secretary
of Labor and organizations with experience in evaluating
research on the effectiveness of various approaches in delivering
services to move welfare recipients into work, shall—
‘‘(A) establish criteria for evidence of effectiveness; and
‘‘(B) ensure that the process for establishing the criteria—
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131 STAT. 803
‘‘(i) is transparent;
‘‘(ii) is consistent across agencies;
‘‘(iii) provides opportunity for public comment; and
‘‘(iv) takes into account efforts of Federal agencies
to identify and publicize effective interventions,
including efforts at the Department of Health and
Human Services, the Department of Education, and
the Department of Justice.
‘‘(h) APPROPRIATION.—
‘‘(1) IN GENERAL.—Of the amount appropriated by section
403(a)(1) for each fiscal year, 0.33 percent shall be available
for research, technical assistance, and evaluation under this
section.
‘‘(2) ALLOCATION.—Of the amount made available under
paragraph (1) for each fiscal year, the Secretary shall make
available $10,000,000 plus such additional amount as the Secretary deems necessary and appropriate, to carry out subsection
(e).
‘‘(3) BASELINE.—The baseline established pursuant to section 257 of the Balanced Budget and Deficit Control Act of
1985 (2 U.S.C. 907(b)(2)) for the Temporary Assistance for
Needy Families Program shall be recorded by the Office of
Management and Budget and the Congressional Budget Office
at the level prior to any transfers recorded pursuant to section
413(h) of this Act.’’.
(2) CONFORMING AMENDMENT.—Section 403(a)(1)(B) of such
Act (42 U.S.C. 603(a)(1)(B)) is amended by inserting ‘‘, reduced
by the percentage specified in section 413(h)(1) with respect
to the fiscal year,’’ before ‘‘as the amount’’.
SEC. 103. FULL FUNDING FOR STATE COURTS TO IMPROVE THE HANDLING OF CHILD WELFARE CASES.
Out of any money in the Treasury of the United States not
otherwise appropriated, there are hereby appropriated for fiscal
year 2017 $20,000,000 for grants under section 438 of the Social
Security Act, in addition to any other amounts appropriated for
such purpose. The amounts appropriated by the preceding sentence
shall be considered to be amounts reserved under section 436(b)(2)
of such Act for fiscal year 2017, for purposes of clauses (ii) and
(iii) of section 438(c)(3)(A) of such Act.
SEC. 104. INCLUSION OF CERTAIN RETIREES IN THE MULTIEMPLOYER
HEALTH BENEFIT PLAN.
(a) IN GENERAL.—Section 402(h)(2)(C) of the Surface Mining
Control and Reclamation Act of 1977 (30 U.S.C. 1232(h)(2)(C)) is
amended—
(1) by striking clauses (ii), (iii), and (iv); and
(2) by inserting after clause (i) the following:
‘‘(ii) CALCULATION OF EXCESS.—The excess determined under clause (i) shall be calculated by taking
into account only—
‘‘(I) those beneficiaries actually enrolled in the
Plan as of the date of the enactment of the Health
Benefits for Miners Act of 2017 who are eligible
to receive health benefits under the Plan on the
first day of the calendar year for which the transfer
is made, other than those beneficiaries enrolled
in the Plan under the terms of a participation
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PUBLIC LAW 115–31—MAY 5, 2017
agreement with the current or former employer
of such beneficiaries; and
‘‘(II) those beneficiaries whose health benefits,
defined as those benefits payable, following death
or retirement or upon a finding of disability,
directly by an employer in the bituminous coal
industry under a coal wage agreement (as defined
in section 9701(b)(1) of the Internal Revenue Code
of 1986), would be denied or reduced as a result
of a bankruptcy proceeding commenced in 2012
or 2015.
For purposes of subclause (I), a beneficiary enrolled
in the Plan as of the date of the enactment of the
Health Benefits for Miners Act of 2017 shall be deemed
to have been eligible to receive health benefits under
the Plan on January 1, 2017.
‘‘(iii) ELIGIBILITY OF CERTAIN RETIREES.—Individuals referred to in clause (ii)(II) shall be treated as
eligible to receive health benefits under the Plan.
‘‘(iv) REQUIREMENTS FOR TRANSFER.—The amount
of the transfer otherwise determined under this
subparagraph for a fiscal year shall be reduced by
any amount transferred for the fiscal year to the Plan,
to pay benefits required under the Plan, from a voluntary employees’ beneficiary association established
as a result of a bankruptcy proceeding described in
clause (ii).’’.
(b) EFFECTIVE DATE.—The amendments made by this section
shall apply to fiscal years beginning after September 30, 2016.
30 USC 1232
note.
SEC. 105. CUSTOMS USER FEES.
(a) IN GENERAL.—Section 13031(j)(3)(A) of the Consolidated
Omnibus Budget Reconciliation Act of 1985 (19 U.S.C. 58c(j)(3)(A))
is amended by striking ‘‘September 30, 2025’’ and inserting
‘‘January 14, 2026’’.
(b) RATE FOR MERCHANDISE PROCESSING FEES.—Section 503
of the United States–Korea Free Trade Agreement Implementation
Act (Public Law 112–41; 19 U.S.C. 3805 note) is amended by
striking ‘‘September 30, 2025’’ and inserting ‘‘January 14, 2026’’.
TITLE II—PUERTO RICO SECTION
1108(g) AMENDMENT OF 2017
Puerto Rico
Section 1108(g)
Amendment
of 2017.
42 USC 1305
note.
SEC. 201. SHORT TITLE.
This title may be cited as ‘‘Puerto Rico Section 1108(g) Amendment of 2017’’.
SEC. 202. PUERTO RICO SECTION 1108(g) AMENDMENT OF 2017.
(a) Section 1108(g) of the Social Security Act (42 U.S.C. 1308(g))
is amended—
(1) in paragraph (4), by inserting ‘‘and with respect to
fiscal years beginning with fiscal year 2017, if Puerto Rico
qualifies for a payment under section 1903(a)(6) for a calendar
quarter (beginning on or after July 1, 2017) of such fiscal
year’’ after ‘‘1903(a)(3)’’; and
(2) in paragraph (5)—
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131 STAT. 805
(A) in the first sentence, by striking ‘‘The Secretary’’
and inserting ‘‘(A) Subject to subparagraph (B), the Secretary’’; and
(B) by adding at the end the following new subparagraph:
‘‘(B) The amount of the increase otherwise provided under
subparagraph (A) for Puerto Rico shall be further increased
by $295,900,000.’’.
(b) All the unobligated amounts available under section
1323(c)(1) of the Patient Protection and Affordable Care Act (42
U.S.C. 18043(c)(1)) are rescinded immediately upon the date of
the enactment of this section.
Effective date.
TITLE III—GENERAL PROVISION
SEC. 301. BUDGETARY EFFECTS.
(a) STATUTORY PAYGO SCORECARDS.—The budgetary effects
of this division and each succeeding division shall not be entered
on either PAYGO scorecard maintained pursuant to section 4(d)
of the Statutory Pay-As-You-Go Act of 2010.
(b) SENATE PAYGO SCORECARDS.—The budgetary effects of this
division and each succeeding division shall not be entered on any
PAYGO scorecard maintained for purposes of section 201 of S.
Con. Res. 21 (110th Congress).
(c) CLASSIFICATION OF BUDGETARY EFFECTS.—Notwithstanding
Rule 3 of the Budget Scorekeeping Guidelines set forth in the
joint explanatory statement of the committee of conference accompanying Conference Report 105–217 and section 250(c)(8) of the
Balanced Budget and Emergency Deficit Control Act of 1985, the
budgetary effects of this division and each succeeding division shall
not be estimated—
(1) for purposes of section 251 of such Act; and
(2) for purposes of paragraph (4)(C) of section 3 of the
Statutory Pay-As-You-Go Act of 2010 as being included in an
appropriation Act.
DIVISION N—INTELLIGENCE AUTHORIZATION ACT FOR FISCAL YEAR 2017
Intelligence
Authorization
Act for Fiscal
Year 2017.
SEC. 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This division may be cited as the ‘‘Intelligence Authorization Act for Fiscal Year 2017’’.
(b) TABLE OF CONTENTS.—The table of contents for this division
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Definitions.
Sec. 3. Explanatory statement.
Sec.
Sec.
Sec.
Sec.
101.
102.
103.
104.
TITLE I—INTELLIGENCE ACTIVITIES
Authorization of appropriations.
Classified Schedule of Authorizations.
Personnel ceiling adjustments.
Intelligence Community Management Account.
TITLE II—CENTRAL INTELLIGENCE AGENCY RETIREMENT AND
DISABILITY SYSTEM
Sec. 201. Authorization of appropriations.
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PUBLIC LAW 115–31—MAY 5, 2017
TITLE III—GENERAL INTELLIGENCE COMMUNITY MATTERS
Sec. 301. Restriction on conduct of intelligence activities.
Sec. 302. Increase in employee compensation and benefits authorized by law.
Sec. 303. Support to nonprofit organizations assisting intelligence community employees.
Sec. 304. Promotion of science, technology, engineering, and mathematics education
in the intelligence community.
Sec. 305. Retention of employees of the intelligence community who have science,
technology, engineering, or mathematics expertise.
Sec. 306. Management of intelligence community personnel.
Sec. 307. Notification of repair or modification of facilities to be used primarily by
the intelligence community.
Sec. 308. Guidance and reporting requirement regarding the interactions between
the intelligence community and entertainment industry.
Sec. 309. Protections for independent inspectors general of certain elements of the
intelligence community.
Sec. 310. Congressional oversight of policy directives and guidance.
Sec. 311. Notification of memoranda of understanding.
Sec. 312. Technical correction to Executive Schedule.
Sec. 313. Maximum amount charged for declassification reviews.
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE
COMMUNITY
Subtitle A—Office of the Director of National Intelligence
Sec. 401. Designation of the Director of the National Counterintelligence and Security Center.
Sec. 402. Analyses and impact statements by Director of National Intelligence regarding investment into the United States.
Sec. 403. Assistance for governmental entities and private entities in recognizing
online violent extremist content.
Subtitle B—Central Intelligence Agency
Sec. 411. Enhanced death benefits for personnel of the Central Intelligence Agency.
Sec. 412. Pay and retirement authorities of the Inspector General of the Central Intelligence Agency.
Subtitle C—Other Elements
Sec. 421. Enhancing the technical workforce for the Federal Bureau of Investigation.
Sec. 422. Plan on assumption of certain weather missions by the National Reconnaissance Office.
TITLE V—MATTERS RELATING TO FOREIGN COUNTRIES
Sec. 501. Committee to counter active measures by the Russian Federation to exert
covert influence over peoples and governments.
Sec. 502. Strict enforcement of travel protocols and procedures of accredited diplomatic and consular personnel of the Russian Federation in the United
States.
Sec. 503. Study and report on enhanced intelligence and information sharing with
Open Skies Treaty member states.
TITLE VI—REPORTS AND OTHER MATTERS
Sec. 601. Declassification review with respect to detainees transferred from United
States Naval Station, Guantanamo Bay, Cuba.
Sec. 602. Cyber Center for Education and Innovation-Home of the National
Cryptologic Museum.
Sec. 603. Report on national security systems.
Sec. 604. Joint facilities certification.
Sec. 605. Leadership and management of space activities.
Sec. 606. Advances in life sciences and biotechnology.
Sec. 607. Reports on declassification proposals.
Sec. 608. Improvement in Government classification and declassification.
Sec. 609. Report on implementation of research and development recommendations.
Sec. 610. Report on Intelligence Community Research and Development Corps.
Sec. 611. Report on information relating to academic programs, scholarships, fellowships, and internships sponsored, administered, or used by the intelligence community.
Sec. 612. Report on intelligence community employees detailed to National Security
Council.
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Sec. 613. Intelligence community reporting to Congress on foreign fighter flows.
Sec. 614. Report on cybersecurity threats to seaports of the United States and maritime shipping.
Sec. 615. Report on reprisals against contractors of the intelligence community.
SEC. 2. DEFINITIONS.
In this division:
(1) CONGRESSIONAL INTELLIGENCE COMMITTEES.—The term
‘‘congressional intelligence committees’’ means—
(A) the Select Committee on Intelligence of the Senate;
and
(B) the Permanent Select Committee on Intelligence
of the House of Representatives.
(2) INTELLIGENCE COMMUNITY.—The term ‘‘intelligence
community’’ has the meaning given that term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
50 USC 3003
note.
SEC. 3. EXPLANATORY STATEMENT.
The explanatory statement regarding this division, printed in
the House section of the Congressional Record on or about May
3, 2017, by the Chairman of the Permanent Select Committee
on Intelligence of the House of Representatives, shall have the
same effect with respect to the implementation of this division
as if it were a joint explanatory statement of a committee of conference.
TITLE I—INTELLIGENCE ACTIVITIES
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal year
2017 for the conduct of the intelligence and intelligence-related
activities of the following elements of the United States Government:
(1) The Office of the Director of National Intelligence.
(2) The Central Intelligence Agency.
(3) The Department of Defense.
(4) The Defense Intelligence Agency.
(5) The National Security Agency.
(6) The Department of the Army, the Department of the
Navy, and the Department of the Air Force.
(7) The Coast Guard.
(8) The Department of State.
(9) The Department of the Treasury.
(10) The Department of Energy.
(11) The Department of Justice.
(12) The Federal Bureau of Investigation.
(13) The Drug Enforcement Administration.
(14) The National Reconnaissance Office.
(15) The National Geospatial-Intelligence Agency.
(16) The Department of Homeland Security.
SEC. 102. CLASSIFIED SCHEDULE OF AUTHORIZATIONS.
(a) SPECIFICATIONS OF AMOUNTS.—The amounts authorized to
be appropriated under section 101 and, subject to section 103,
the authorized personnel ceilings as of September 30, 2017, for
the conduct of the intelligence activities of the elements listed
in paragraphs (1) through (16) of section 101, are those specified
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in the classified Schedule of Authorizations prepared to accompany
this division of this Act.
(b) AVAILABILITY OF CLASSIFIED SCHEDULE OF AUTHORIZATIONS.—
(1) AVAILABILITY.—The classified Schedule of Authorizations referred to in subsection (a) shall be made available
to the Committee on Appropriations of the Senate, the Committee on Appropriations of the House of Representatives, and
to the President.
(2) DISTRIBUTION BY THE PRESIDENT.—Subject to paragraph
(3), the President shall provide for suitable distribution of the
classified Schedule of Authorizations referred to in subsection
(a), or of appropriate portions of such Schedule, within the
executive branch.
(3) LIMITS ON DISCLOSURE.—The President shall not publicly disclose the classified Schedule of Authorizations or any
portion of such Schedule except—
(A) as provided in section 601(a) of the Implementing
Recommendations of the 9/11 Commission Act of 2007 (50
U.S.C. 3306(a));
(B) to the extent necessary to implement the budget;
or
(C) as otherwise required by law.
SEC. 103. PERSONNEL CEILING ADJUSTMENTS.
Determination.
Deadline.
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(a) AUTHORITY FOR INCREASES.—The Director of National Intelligence may authorize employment of civilian personnel in excess
of the number authorized for fiscal year 2017 by the classified
Schedule of Authorizations referred to in section 102(a) if the
Director of National Intelligence determines that such action is
necessary to the performance of important intelligence functions,
except that the number of personnel employed in excess of the
number authorized under such section may not, for any element
of the intelligence community, exceed—
(1) 3 percent of the number of civilian personnel authorized
under such schedule for such element; or
(2) 10 percent of the number of civilian personnel authorized under such schedule for such element for the purposes
of converting the performance of any function by contractors
to performance by civilian personnel.
(b) TREATMENT OF CERTAIN PERSONNEL.—The Director of
National Intelligence shall establish guidelines that govern, for
each element of the intelligence community, the treatment under
the personnel levels authorized under section 102(a), including any
exemption from such personnel levels, of employment or assignment
in—
(1) a student program, trainee program, or similar program;
(2) a reserve corps or as a reemployed annuitant; or
(3) details, joint duty, or long-term, full-time training.
(c) NOTICE TO CONGRESSIONAL INTELLIGENCE COMMITTEES.—
Not later than 15 days prior to the exercise of an authority described
in subsection (a), the Director of National Intelligence shall submit
to the congressional intelligence committees—
(1) a written notice of the exercise of such authority; and
(2) in the case of an exercise of such authority subject
to the limitation in subsection (a)(2), a written justification
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for the contractor conversion that includes a comparison of
whole of government costs.
SEC. 104. INTELLIGENCE COMMUNITY MANAGEMENT ACCOUNT.
(a) AUTHORIZATION OF APPROPRIATIONS.—There is authorized
to be appropriated for the Intelligence Community Management
Account of the Director of National Intelligence for fiscal year
2017 the sum of $563,588,000. Within such amount, funds identified
in the classified Schedule of Authorizations referred to in section
102(a) for advanced research and development shall remain available until September 30, 2018.
(b) AUTHORIZED PERSONNEL LEVELS.—The elements within the
Intelligence Community Management Account of the Director of
National Intelligence are authorized 787 positions as of September
30, 2017. Personnel serving in such elements may be permanent
employees of the Office of the Director of National Intelligence
or personnel detailed from other elements of the United States
Government.
(c) CLASSIFIED AUTHORIZATIONS.—
(1) AUTHORIZATION OF APPROPRIATIONS.—In addition to
amounts authorized to be appropriated for the Intelligence
Community Management Account by subsection (a), there are
authorized to be appropriated for the Intelligence Community
Management Account for fiscal year 2017 such additional
amounts as are specified in the classified Schedule of Authorizations referred to in section 102(a). Such additional amounts
made available for advanced research and development shall
remain available until September 30, 2018.
(2) AUTHORIZATION OF PERSONNEL.—In addition to the personnel authorized by subsection (b) for elements of the Intelligence Community Management Account as of September 30,
2017, there are authorized such additional personnel for the
Community Management Account as of that date as are specified in the classified Schedule of Authorizations referred to
in section 102(a).
TITLE
II—CENTRAL
INTELLIGENCE
AGENCY
RETIREMENT
AND
DISABILITY SYSTEM
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
There is authorized to be appropriated for the Central Intelligence Agency Retirement and Disability Fund for fiscal year 2017
the sum of $514,000,000.
TITLE III—GENERAL INTELLIGENCE
COMMUNITY MATTERS
SEC. 301. RESTRICTION ON CONDUCT OF INTELLIGENCE ACTIVITIES.
The authorization of appropriations by this division shall not
be deemed to constitute authority for the conduct of any intelligence
activity which is not otherwise authorized by the Constitution or
the laws of the United States.
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SEC. 302. INCREASE IN EMPLOYEE COMPENSATION AND BENEFITS
AUTHORIZED BY LAW.
Appropriations authorized by this division for salary, pay,
retirement, and other benefits for Federal employees may be
increased by such additional or supplemental amounts as may
be necessary for increases in such compensation or benefits authorized by law.
SEC. 303. SUPPORT TO NONPROFIT ORGANIZATIONS ASSISTING INTELLIGENCE COMMUNITY EMPLOYEES.
Definition.
Deadline.
Notification.
Consultation.
Regulations.
Deadline.
Notification.
(a) DIRECTOR OF NATIONAL INTELLIGENCE.—Section 102A of
the National Security Act of 1947 (50 U.S.C. 3024) is amended
by adding at the end the following:
‘‘(y) FUNDRAISING.—(1) The Director of National Intelligence
may engage in fundraising in an official capacity for the benefit
of nonprofit organizations that—
‘‘(A) provide support to surviving family members of a
deceased employee of an element of the intelligence community;
or
‘‘(B) otherwise provide support for the welfare, education,
or recreation of employees of an element of the intelligence
community, former employees of an element of the intelligence
community, or family members of such employees.
‘‘(2) In this subsection, the term ‘fundraising’ means the raising
of funds through the active participation in the promotion, production, or presentation of an event designed to raise funds and does
not include the direct solicitation of money by any other means.
‘‘(3) Not later than 7 days after the date the Director engages
in fundraising authorized by this subsection or at the time the
decision is made to participate in such fundraising, the Director
shall notify the congressional intelligence committees of such fundraising.
‘‘(4) The Director, in consultation with the Director of the
Office of Government Ethics, shall issue regulations to carry out
the authority provided in this subsection. Such regulations shall
ensure that such authority is exercised in a manner that is consistent with all relevant ethical constraints and principles, including
the avoidance of any prohibited conflict of interest or appearance
of impropriety.’’.
(b) DIRECTOR OF THE CENTRAL INTELLIGENCE AGENCY.—Section
12(f) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3512(f)) is amended by adding at the end the following:
‘‘(3) Not later than the date that is 7 days after the date
the Director engages in fundraising authorized by this subsection
or at the time the decision is made to participate in such fundraising, the Director shall notify the Select Committee on Intelligence of the Senate and the Permanent Select Committee on
Intelligence of the House of Representatives of the fundraising.’’.
SEC. 304. PROMOTION OF SCIENCE, TECHNOLOGY, ENGINEERING, AND
MATHEMATICS EDUCATION IN THE INTELLIGENCE
COMMUNITY.
(a) REQUIREMENT FOR INVESTMENT STRATEGY FOR STEM
RECRUITING AND OUTREACH ACTIVITIES.—Along with the budget
for fiscal year 2018 submitted by the President pursuant to section
1105(a) of title 31, United States Code, the Director of National
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Intelligence shall submit a five-year investment strategy for outreach and recruiting efforts in the fields of science, technology,
engineering, and mathematics (STEM), to include cybersecurity
and computer literacy.
(b) REQUIREMENT FOR INTELLIGENCE COMMUNITY PLANS FOR
STEM RECRUITING AND OUTREACH ACTIVITIES.—For each of the
fiscal years 2018 through 2022, the head of each element of the
intelligence community shall submit an investment plan along with
the materials submitted as justification of the budget request of
such element that supports the strategy required by subsection
(a).
SEC. 305. RETENTION OF EMPLOYEES OF THE INTELLIGENCE COMMUNITY WHO HAVE SCIENCE, TECHNOLOGY, ENGINEERING,
OR MATHEMATICS EXPERTISE.
(a) SPECIAL RATES OF PAY FOR CERTAIN OCCUPATIONS IN THE
INTELLIGENCE COMMUNITY.—The National Security Act of 1947 (50
U.S.C. 3001 et seq.) is amended by inserting after section 113A
the following:
‘‘SEC. 113B. SPECIAL PAY AUTHORITY FOR SCIENCE, TECHNOLOGY,
ENGINEERING, OR MATHEMATICS POSITIONS.
50 USC 3049a.
‘‘(a) AUTHORITY TO SET SPECIAL RATES OF PAY.—Notwithstanding part III of title 5, United States Code, the head of each
element of the intelligence community may establish higher minimum rates of pay for 1 or more categories of positions in such
element that require expertise in science, technology, engineering,
or mathematics (STEM).
‘‘(b) MAXIMUM SPECIAL RATE OF PAY.—A minimum rate of
pay established for a category of positions under subsection (a)
may not exceed the maximum rate of basic pay (excluding any
locality-based comparability payment under section 5304 of title
5, United States Code, or similar provision of law) for the position
in that category of positions without the authority of subsection
(a) by more than 30 percent, and no rate may be established
under this section in excess of the rate of basic pay payable for
level IV of the Executive Schedule under section 5315 of title
5, United States Code.
‘‘(c) NOTIFICATION OF REMOVAL FROM SPECIAL RATE OF PAY.—
If the head of an element of the intelligence community removes
a category of positions from coverage under a rate of pay authorized
by subsection (a) after that rate of pay takes effect—
‘‘(1) the head of such element shall provide notice of the
loss of coverage of the special rate of pay to each individual
in such category; and
‘‘(2) the loss of coverage will take effect on the first day
of the first pay period after the date of the notice.
‘‘(d) REVISION OF SPECIAL RATES OF PAY.—Subject to the limitations in this section, rates of pay established under this section
by the head of the element of the intelligence community may
be revised from time to time by the head of such element and
the revisions have the force and effect of statute.
‘‘(e) REGULATIONS.—The head of each element of the intelligence
community shall promulgate regulations to carry out this section
with respect to such element, which shall, to the extent practicable,
be comparable to the regulations promulgated to carry out section
5305 of title 5, United States Code.
‘‘(f) REPORTS.—
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‘‘(1) REQUIREMENT FOR REPORTS.—Not later than 90 days
after the date of the enactment of the Intelligence Authorization
Act for Fiscal Year 2017, the head of each element of the
intelligence community shall submit to the congressional intelligence committees a report on any rates of pay established
for such element under this section.
‘‘(2) CONTENTS.—Each report required by paragraph (1)
shall contain for each element of the intelligence community—
‘‘(A) a description of any rates of pay established under
subsection (a); and
‘‘(B) the number of positions in such element that
will be subject to such rates of pay.’’.
(b) TABLE OF CONTENTS AMENDMENT.—The table of contents
in the first section of the National Security Act of 1947 is amended
by inserting after the item relating to section 113A the following:
‘‘Sec. 113B. Special pay authority for science, technology, engineering, or math positions.’’.
50 USC 3331.
Effective date.
Deadline.
Time period.
Effective date.
Time periods.
Effective date.
Analysis.
Plans.
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SEC. 306. MANAGEMENT OF INTELLIGENCE COMMUNITY PERSONNEL.
(a) MULTI-SECTOR WORKFORCE INITIATIVE.—
(1) REQUIREMENT.—Beginning on October 1, 2018, the
Director of National Intelligence shall improve management
of the workforce of the intelligence community by enabling
elements of the intelligence community to build and maintain
an appropriate mix between employees of the United States
Government and core contractors.
(2) BRIEFING TO CONGRESS.—Not later than July 1, 2017,
and each 120 days thereafter until July 1, 2018, the Director
of National Intelligence shall brief the congressional intelligence
committees on the initiative required by paragraph (1).
(b) MANAGEMENT BASED ON WORKLOAD REQUIREMENTS AND
AUTHORIZED FUNDING.—
(1) IN GENERAL.—Beginning on October 1, 2018, the personnel levels of the intelligence community shall be managed
each fiscal year on the basis of—
(A) the workload required to carry out the functions
and activities of the intelligence community; and
(B) the funds made available to the intelligence community in accordance with section 504 of the National Security
Act of 1947 (50 U.S.C. 3094).
(2) PROHIBITION ON CONSTRAINTS OR LIMITATIONS.—Beginning on October 1, 2018, the management of such personnel
in the intelligence community in any fiscal year shall not be
subject to an externally imposed constraint or limitation
expressed in terms of man years, end strength, full-time equivalent positions, or maximum number of employees.
(c) BRIEFING AND REPORT TO CONGRESS.—Not later than 180
days after the date of the enactment of this Act, the Director
of National Intelligence shall issue a written report and provide
a briefing to the congressional intelligence committees on—
(1) the methodology used to calculate the number of civilian
and contractor full-time equivalent positions in the intelligence
community;
(2) the cost analysis tool used to calculate personnel costs
in the intelligence community; and
(3) the plans of the Director of National Intelligence and
the head of each element of the intelligence community to
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implement a multi-sector workforce as required by subsections
(a) and (b).
(d) REPORT.—Not later than 240 days after date of the enactment of this Act, the Inspector General of the Intelligence Community shall submit to the congressional intelligence committees a
written report on the accuracy of intelligence community data for
the numbers and costs associated with the civilian and contractor
workforce in each element of the intelligence community.
SEC. 307. NOTIFICATION OF REPAIR OR MODIFICATION OF FACILITIES
TO BE USED PRIMARILY BY THE INTELLIGENCE COMMUNITY.
Section 602(a)(2) of the Intelligence Authorization Act for Fiscal
Year 1995 (50 U.S.C. 3304(a)(2)) is amended by striking ‘‘improvement project to’’ and inserting ‘‘project for the improvement, repair,
or modification of’’.
SEC. 308. GUIDANCE AND REPORTING REQUIREMENT REGARDING THE
INTERACTIONS BETWEEN THE INTELLIGENCE COMMUNITY AND ENTERTAINMENT INDUSTRY.
(a) DEFINITIONS.—In this section:
(1) ENGAGEMENT.—The term ‘‘engagement’’—
(A) means any significant interaction between an element of the intelligence community and an entertainment
industry entity for the purposes of contributing to an entertainment product intended to be heard, read, viewed, or
otherwise experienced by the public; and
(B) does not include routine inquiries made by the
press or news media to the public affairs office of an intelligence community.
(2) ENTERTAINMENT INDUSTRY ENTITY.—The term ‘‘entertainment industry entity’’ means an entity that creates, produces, promotes, or distributes a work of entertainment
intended to be heard, read, viewed, or otherwise experienced
by an audience, including—
(A) theater productions, motion pictures, radio broadcasts, television broadcasts, podcasts, webcasts, other sound
or visual recording, music, or dance;
(B) books and other published material; and
(C) such other entertainment activity, as determined
by the Director of National Intelligence.
(b) DIRECTOR OF NATIONAL INTELLIGENCE GUIDANCE.—
(1) IN GENERAL.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence shall issue, and release to the public, guidance regarding
engagements by elements of the intelligence community with
entertainment industry entities.
(2) CRITERIA.—The guidance required by paragraph (1)
shall—
(A) permit an element of the intelligence community
to conduct engagements, if the head of the element, or
a designee of such head, provides prior approval; and
(B) require an unclassified annual report to the
congressional intelligence committees regarding engagements.
(c) ANNUAL REPORT.—Each report required by subsection
(b)(2)(B) shall include the following:
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Public
information.
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PUBLIC LAW 115–31—MAY 5, 2017
(1) A description of the nature and duration of each engagement included in the review.
(2) The cost incurred by the United States Government
for each such engagement.
(3) A description of the benefits to the United States
Government for each such engagement.
(4) A determination of whether any information was declassified, and whether any classified information was improperly
disclosed, or each such engagement.
(5) A description of the work produced through each such
engagement.
50 USC 3024
note.
Deadline.
Policy.
SEC. 309. PROTECTIONS FOR INDEPENDENT INSPECTORS GENERAL
OF CERTAIN ELEMENTS OF THE INTELLIGENCE COMMUNITY.
(a) LIMITATION ON ACTIVITIES OF EMPLOYEES OF AN OFFICE
OF INSPECTOR GENERAL.—
(1) LIMITATIONS.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence shall develop and implement a uniform policy for each
covered office of an inspector general to better ensure the
independence of each such office. Such policy shall include—
(A) provisions to prevent any conflict of interest related
to a matter any employee of a covered office of an inspector
general personally and substantially participated in during
previous employment;
(B) standards to ensure personnel of a covered office
of an inspector general are free both in fact and in appearance from personal, external, and organizational impairments to independence;
(C) provisions to permit the head of each covered office
of an inspector general to waive the application of the
policy with respect to an individual if such head—
(i) prepares a written and signed justification for
such waiver that sets out, in detail, the need for such
waiver, provided that waivers shall not be issued for
in fact impairments to independence; and
(ii) submits to the congressional intelligence
committees each such justification; and
(D) any other protections the Director determines
appropriate.
(2) COVERED OFFICE OF AN INSPECTOR GENERAL DEFINED.—
The term ‘‘covered office of an inspector general’’ means—
(A) the Office of the Inspector General of the Intelligence Community; and
(B) the office of an inspector general for—
(i) the Office of the Director of National Intelligence;
(ii) the Central Intelligence Agency;
(iii) the National Security Agency;
(iv) the Defense Intelligence Agency;
(v) the National Geospatial-Intelligence Agency;
and
(vi) the National Reconnaissance Office.
(3) BRIEFING TO THE CONGRESSIONAL INTELLIGENCE
COMMITTEES.—Prior to the date that the policy required by
paragraph (1) takes effect, the Director of National Intelligence
Submissions.
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shall provide the congressional intelligence committees a
briefing on such policy.
(b) LIMITATION ON ROTATION OF EMPLOYEES OF AN OFFICE
OF INSPECTOR GENERAL.—Section 102A(l)(3) of the National Security Act of 1947 (50 U.S.C. 3024(l)(3)) is amended by adding at
the end the following:
‘‘(D) The mechanisms prescribed under subparagraph (A) and
any other policies of the Director—
‘‘(i) may not require an employee of an office of inspector
general for an element of the intelligence community, including
the Office of the Inspector General of the Intelligence Community, to rotate to a position in an office or organization of
such an element over which such office of inspector general
exercises jurisdiction; and
‘‘(ii) shall be implemented in a manner that exempts
employees of an office of inspector general from a rotation
that may impact the independence of such office.’’.
SEC. 310. CONGRESSIONAL OVERSIGHT OF POLICY DIRECTIVES AND
GUIDANCE.
(a) COVERED POLICY DOCUMENT DEFINED.—In this section, the
term ‘‘covered policy document’’ means any classified or unclassified
Presidential Policy Directive, Presidential Policy Guidance, or other
similar policy document issued by the President, including any
classified or unclassified annex to such a Directive, Guidance, or
other document, that assigns tasks, roles, or responsibilities to
the intelligence community or an element of the intelligence community.
(b) SUBMISSIONS TO CONGRESS.—The Director of National Intelligence shall submit to the congressional intelligence committees
the following:
(1) Not later than 15 days after the date that a covered
policy document is issued, a written notice of the issuance
and a summary of the subject matter addressed by such covered
policy document.
(2) Not later than 15 days after the date that the Director
issues any guidance or direction on implementation of a covered
policy document or implements a covered policy document, a
copy of such guidance or direction or a description of such
implementation.
(3) Not later than 15 days after the date of the enactment
of this Act, for any covered policy document issued prior to
such date that is being implemented by any element of the
intelligence community or that is in effect on such date—
(A) a written notice that includes the date such covered
policy document was issued and a summary of the subject
matter addressed by such covered policy document; and
(B) if the Director has issued any guidance or direction
on implementation of such covered policy document or is
implementing such covered policy document, a copy of the
guidance or direction or a written description of such
implementation.
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50 USC 3312.
Deadlines.
Notification.
Summary.
Records.
SEC. 311. NOTIFICATION OF MEMORANDA OF UNDERSTANDING.
50 USC 3313.
(a) IN GENERAL.—The head of each element of the intelligence
community shall submit to the congressional intelligence committees a copy of each memorandum of understanding or other agreement regarding significant operational activities or policy between
Deadlines.
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or among such element and any other entity or entities of the
United States Government—
(1) for such a memorandum or agreement that is in effect
on the date of the enactment of this Act, not later than 60
days after such date; and
(2) for such a memorandum or agreement entered into
after such date, in a timely manner and not more than 60
days after the date such memorandum or other agreement
is entered into.
(b) ADMINISTRATIVE MEMORANDUM OR AGREEMENT.—Nothing
in this section may be construed to require an element of the
intelligence community to submit to the congressional intelligence
committees any memorandum or agreement that is solely administrative in nature, including a memorandum or agreement regarding
joint duty or other routine personnel assignments.
SEC. 312. TECHNICAL CORRECTION TO EXECUTIVE SCHEDULE.
Section 5313 of title 5, United States Code, is amended by
striking the item relating to ‘‘Director of the National Counter
Proliferation Center.’’.
50 USC 3350.
Waiver authority.
SEC. 313. MAXIMUM AMOUNT CHARGED FOR DECLASSIFICATION
REVIEWS.
In reviewing and processing a request by a person for the
mandatory declassification of information pursuant to Executive
Order No. 13526, a successor executive order, or any provision
of law, the head of an element of the intelligence community—
(1) may not charge the person reproduction fees in excess
of the amount of fees that the head would charge the person
for reproduction required in the course of processing a request
for information under section 552 of title 5, United States
Code (commonly referred to as the ‘‘Freedom of Information
Act’’); and
(2) may waive or reduce any processing fees in the same
manner as the head waives or reduces fees under such section
552.
TITLE IV—MATTERS RELATING TO ELEMENTS OF THE INTELLIGENCE COMMUNITY
Subtitle A—Office of the Director of
National Intelligence
SEC. 401. DESIGNATION OF THE DIRECTOR OF THE NATIONAL
COUNTERINTELLIGENCE AND SECURITY CENTER.
(a) IN GENERAL.—
(1) IN GENERAL.—Section 902 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3382) is amended to
read as follows:
‘‘SEC. 902. DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND
SECURITY CENTER.
Appointment.
President.
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‘‘(a) ESTABLISHMENT.—There shall be a Director of the National
Counterintelligence and Security Center (referred to in this section
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as the ‘Director’), who shall be appointed by the President, by
and with the advice and consent of the Senate.
‘‘(b) MISSION.—The mission of the Director shall be to serve
as the head of national counterintelligence for the United States
Government.
‘‘(c) DUTIES.—Subject to the direction and control of the Director
of National Intelligence, the duties of the Director are as follows:
‘‘(1) To carry out the mission referred to in subsection
(b).
‘‘(2) To act as chairperson of the National Counterintelligence Policy Board established under section 811 of the
Counterintelligence and Security Enhancements Act of 1994
(50 U.S.C. 3381).
‘‘(3) To act as head of the National Counterintelligence
and Security Center established under section 904.
‘‘(4) To participate as an observer on such boards, committees, and entities of the executive branch as the Director of
National Intelligence considers appropriate for the discharge
of the mission and functions of the Director and the National
Counterintelligence and Security Center under section 904.’’.
(2) TABLE OF CONTENTS AMENDMENT.—The table of contents
in section 1(b) of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107–306; 116 Stat. 2383) is amended
by striking the item relating to section 902 and inserting the
following:
‘‘Sec. 902. Director of the National Counterintelligence and Security Center.’’.
(3) TECHNICAL EFFECTIVE DATE.—The amendment made
by subsection (a) of section 401 of the Intelligence Authorization
Act for Fiscal Year 2016 (division M of Public Law 114–113)
shall not take effect, or, if the date of the enactment of this
Act is on or after the effective date specified in subsection
(b) of such section, such amendment shall be deemed to not
have taken effect.
(b) NATIONAL COUNTERINTELLIGENCE AND SECURITY CENTER.—
(1) IN GENERAL.—Section 904 of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383) is amended—
(A) by striking the section heading and inserting
‘‘NATIONAL
COUNTERINTELLIGENCE
AND
SECURITY
CENTER.’’; and
(B) by striking subsections (a), (b), and (c) and inserting
the following:
‘‘(a) ESTABLISHMENT.—There shall be a National Counterintelligence and Security Center.
‘‘(b) HEAD OF CENTER.—The Director of the National Counterintelligence and Security Center shall be the head of the National
Counterintelligence and Security Center.
‘‘(c) LOCATION OF CENTER.—The National Counterintelligence
and Security Center shall be located in the Office of the Director
of National Intelligence.’’.
(2) FUNCTIONS.—Section 904(d) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383(d)) is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘National Counterintelligence Executive, the functions of
the Office of the National Counterintelligence Executive’’
and inserting ‘‘Director of the National Counterintelligence
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note.
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PUBLIC LAW 115–31—MAY 5, 2017
and Security Center, the functions of the National Counterintelligence and Security Center’’;
(B) in paragraph (5), in the matter preceding subparagraph (A), by striking ‘‘In consultation with’’ and inserting
‘‘At the direction of’’; and
(C) in paragraph (6), in the matter preceding subparagraph (A), by striking ‘‘Office’’ and inserting ‘‘National
Counterintelligence and Security Center’’.
(3) PERSONNEL.—Section 904(f) of the Counterintelligence
Enhancement Act of 2002 (50 U.S.C. 3383(f)) is amended—
(A) in paragraph (1), by striking ‘‘Office of the National
Counterintelligence Executive may consist of personnel
employed by the Office’’ and inserting ‘‘National Counterintelligence and Security Center may consist of personnel
employed by the Center’’; and
(B) in paragraph (2), by striking ‘‘National Counterintelligence Executive’’ and inserting ‘‘Director of the
National Counterintelligence and Security Center’’.
(4) TREATMENT OF ACTIVITIES UNDER CERTAIN ADMINISTRATIVE LAWS.—Section 904(g) of the Counterintelligence Enhancement Act of 2002 (50 U.S.C. 3383(g)) is amended by striking
‘‘Office shall be treated as operational files of the Central Intelligence Agency for purposes of section 701 of the National
Security Act of 1947 (50 U.S.C. 431)’’ and inserting ‘‘National
Counterintelligence and Security Center shall be treated as
operational files of the Central Intelligence Agency for purposes
of section 701 of the National Security Act of 1947 (50 U.S.C.
3141)’’.
(5) OVERSIGHT BY CONGRESS.—Section 904(h) of the
Counterintelligence Enhancement Act of 2002 (50 U.S.C.
3383(h)) is amended—
(A) in the matter preceding paragraph (1), by striking
‘‘Office of the National Counterintelligence Executive’’ and
inserting ‘‘National Counterintelligence and Security
Center’’; and
(B) in paragraphs (1) and (2), by striking ‘‘Office’’ and
inserting ‘‘Center’’ both places that term appears.
(6) TABLE OF CONTENTS AMENDMENT.—The table of contents
in section 1(b) of the Intelligence Authorization Act for Fiscal
Year 2003 (Public Law 107–306; 116 Stat. 2383), as amended
by subsection (a)(2), is further amended by striking the item
relating to section 904 and inserting the following:
‘‘Sec. 904. National Counterintelligence and Security Center.’’.
(c) OVERSIGHT OF NATIONAL INTELLIGENCE CENTERS.—Section
102A(f)(2) of the National Security Act of 1947 (50 U.S.C. 3024(f)(2))
is amended by inserting ‘‘, the National Counterproliferation Center,
and the National Counterintelligence and Security Center’’ after
‘‘National Counterterrorism Center’’.
(d) DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND
SECURITY CENTER WITHIN THE OFFICE OF THE DIRECTOR OF
NATIONAL INTELLIGENCE.—Paragraph (8) of section 103(c) of the
National Security Act of 1947 (50 U.S.C. 3025(c)) is amended to
read as follows:
‘‘(8) The Director of the National Counterintelligence and
Security Center.’’.
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(e) DUTIES OF THE DIRECTOR OF THE
LIGENCE AND SECURITY CENTER.—
(1) IN GENERAL.—Section 103F
131 STAT. 819
NATIONAL COUNTERINTEL-
of the National Security
Act of 1947 (50 U.S.C. 3031) is amended—
(A) by striking the section heading and inserting
‘‘DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE AND
SECURITY CENTER’’;
(B) in subsection (a)—
(i) by striking the subsection heading and inserting
‘‘DIRECTOR OF THE NATIONAL COUNTERINTELLIGENCE
AND SECURITY CENTER.—’’; and
(ii) by striking ‘‘National Counterintelligence
Executive under section 902 of the Counterintelligence
Enhancement Act of 2002 (title IX of Public Law 107–
306; 50 U.S.C. 402b et seq.)’’ and inserting ‘‘Director
of the National Counterintelligence and Security
Center appointed under section 902 of the Counterintelligence Enhancement Act of 2002 (50 U.S.C.
3382)’’; and
(C) in subsection (b), by striking ‘‘National Counterintelligence Executive’’ and inserting ‘‘Director of the
National Counterintelligence and Security Center’’.
(2) TABLE OF CONTENTS AMENDMENT.—The table of contents
in the first section of the National Security Act of 1947 is
amended by striking the item relating to section 103F and
inserting the following:
‘‘Sec. 103F. Director of the National Counterintelligence and Security Center.’’.
(f) COORDINATION OF COUNTERINTELLIGENCE ACTIVITIES.—Section 811 of the Counterintelligence and Security Enhancements
Act of 1994 (50 U.S.C. 3381) is amended—
(1) in subsection (b), by striking ‘‘National Counterintelligence Executive under section 902 of the Counterintelligence
Enhancement Act of 2002’’ and inserting ‘‘Director of the
National Counterintelligence and Security Center appointed
under section 902 of the Counterintelligence Enhancement Act
of 2002 (50 U.S.C. 3382)’’;
(2) in subsection (c)(1), by striking ‘‘National Counterintelligence Executive.’’ and inserting ‘‘Director of the National
Counterintelligence and Security Center.’’; and
(3) in subsection (d)(1)(B)(ii)—
(A) by striking ‘‘National Counterintelligence Executive’’ and inserting ‘‘Director of the National Counterintelligence and Security Center’’; and
(B) by striking ‘‘by the Office of the National Counterintelligence Executive under section 904(e)(2) of that Act’’
and inserting ‘‘pursuant to section 904(d)(2) of that Act
(50 U.S.C. 3383(d)(2))’’.
(g) INTELLIGENCE AND NATIONAL SECURITY ASPECTS OF ESPIONAGE PROSECUTIONS.—Section 341(b) of the Intelligence Authorization Act for Fiscal Year 2004 (Public Law 108–177; 28 U.S.C.
519 note) is amended by striking ‘‘Office of the National Counterintelligence Executive,’’ and inserting ‘‘National Counterintelligence
and Security Center,’’.
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PUBLIC LAW 115–31—MAY 5, 2017
SEC. 402. ANALYSES AND IMPACT STATEMENTS BY DIRECTOR OF
NATIONAL INTELLIGENCE REGARDING INVESTMENT INTO
THE UNITED STATES.
Deadlines.
Records.
Determination.
Reports.
50 USC 3368.
Deadline.
Web posting.
Lists.
Time period.
Section 102A of the National Security Act of 1947 (50 U.S.C.
3024), as amended by section 303, is further amended by adding
at the end the following new subsection:
‘‘(z) ANALYSES AND IMPACT STATEMENTS REGARDING PROPOSED
INVESTMENT INTO THE UNITED STATES.—(1) Not later than 20 days
after the completion of a review or an investigation of any proposed
investment into the United States for which the Director has prepared analytic materials, the Director shall submit to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representative copies
of such analytic materials, including any supplements or amendments to such analysis made by the Director.
‘‘(2) Not later than 60 days after the completion of consideration
by the United States Government of any investment described
in paragraph (1), the Director shall determine whether such investment will have an operational impact on the intelligence community,
and, if so, shall submit a report on such impact to the Select
Committee on Intelligence of the Senate and the Permanent Select
Committee on Intelligence of the House of Representatives. Each
such report shall—
‘‘(A) describe the operational impact of the investment on
the intelligence community; and
‘‘(B) describe any actions that have been or will be taken
to mitigate such impact.’’.
SEC. 403. ASSISTANCE FOR GOVERNMENTAL ENTITIES AND PRIVATE
ENTITIES IN RECOGNIZING ONLINE VIOLENT EXTREMIST
CONTENT.
(a) ASSISTANCE TO RECOGNIZE ONLINE VIOLENT EXTREMIST
CONTENT.—Not later than 180 days after the date of the enactment
of this Act, and consistent with the protection of intelligence sources
and methods, the Director of National Intelligence shall publish
on a publicly available Internet website a list of all logos, symbols,
insignia, and other markings commonly associated with, or adopted
by, an organization designated by the Secretary of State as a
foreign terrorist organization under section 219(a) of the Immigration and Nationality Act (8 U.S.C. 1189(a)).
(b) UPDATES.—The Director shall update the list published
under subsection (a) every 180 days or more frequently as needed.
Subtitle B—Central Intelligence Agency
SEC. 411. ENHANCED DEATH BENEFITS FOR PERSONNEL OF THE CENTRAL INTELLIGENCE AGENCY.
Section 11 of the Central Intelligence Agency Act of 1949 (50
U.S.C. 3511) is amended to read as follows:
‘‘BENEFITS
AVAILABLE IN EVENT OF THE DEATH OF PERSONNEL
‘‘SEC. 11. (a) AUTHORITY.—The Director may pay death benefits
substantially similar to those authorized for members of the Foreign
Service pursuant to the Foreign Service Act of 1980 (22 U.S.C.
3901 et seq.) or any other provision of law. The Director may
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131 STAT. 821
adjust the eligibility for death benefits as necessary to meet the
unique requirements of the mission of the Agency.
‘‘(b) REGULATIONS.—Regulations issued pursuant to this section
shall be submitted to the Select Committee on Intelligence of the
Senate and the Permanent Select Committee on Intelligence of
the House of Representatives before such regulations take effect.’’.
SEC. 412. PAY AND RETIREMENT AUTHORITIES OF THE INSPECTOR
GENERAL OF THE CENTRAL INTELLIGENCE AGENCY.
(a) IN GENERAL.—Section 17(e)(7) of the Central Intelligence
Agency Act of 1949 (50 U.S.C. 3517(e)(7)) is amended by adding
at the end the following new subparagraph:
‘‘(C)(i) The Inspector General may designate an officer or
employee appointed in accordance with subparagraph (A) as a law
enforcement officer solely for purposes of subchapter III of chapter
83 or chapter 84 of title 5, United States Code, if such officer
or employee is appointed to a position with responsibility for investigating suspected offenses against the criminal laws of the United
States.
‘‘(ii) In carrying out clause (i), the Inspector General shall
ensure that any authority under such clause is exercised in a
manner consistent with section 3307 of title 5, United States Code,
as it relates to law enforcement officers.
‘‘(iii) For purposes of applying sections 3307(d), 8335(b), and
8425(b) of title 5, United States Code, the Inspector General may
exercise the functions, powers, and duties of an agency head or
appointing authority with respect to the Office.’’.
(b) RULE OF CONSTRUCTION.—Subparagraph (C) of section
17(e)(7) of the Central Intelligence Agency Act of 1949 (50 U.S.C.
3517(e)(7)), as added by subsection (a), may not be construed to
confer on the Inspector General of the Central Intelligence Agency,
or any other officer or employee of the Agency, any police or law
enforcement or internal security functions or authorities.
50 USC 3517
note.
Subtitle C—Other Elements
SEC. 421. ENHANCING THE TECHNICAL WORKFORCE FOR THE FEDERAL BUREAU OF INVESTIGATION.
(a) REPORT REQUIRED.—Building on the basic cyber human
capital strategic plan provided to the congressional intelligence
committees in 2015, not later than 180 days after the date of
the enactment of this Act and updated two years thereafter, the
Director of the Federal Bureau of Investigation shall submit to
the congressional intelligence committees, the Committee on the
Judiciary of the Senate, and the Committee on the Judiciary of
the House of Representatives a comprehensive strategic workforce
report regarding initiatives to effectively integrate information technology expertise in the investigative process.
(b) ELEMENTS.—The report required by subsection (a) shall
include the following:
(1) An assessment, including measurable benchmarks, of
progress on initiatives to recruit, train, and retain personnel
with the necessary skills and experiences in vital areas,
including encryption, cryptography, and big data analytics.
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(2) An assessment of whether officers of the Federal Bureau
of Investigation who possess such skills are fully integrated
into the Bureau’s work, including Agent-led investigations.
(3) A description of the quality and quantity of the
collaborations between the Bureau and private sector entities
on cyber issues, including the status of efforts to benefit from
employees with experience transitioning between the public
and private sectors.
(4) An assessment of the utility of reinstituting, if
applicable, and leveraging the Director’s Advisory Board, which
was originally constituted in 2005, to provide outside advice
on how to better integrate technical expertise with the investigative process and on emerging concerns in cyber-related
issues.
SEC. 422. PLAN ON ASSUMPTION OF CERTAIN WEATHER MISSIONS
BY THE NATIONAL RECONNAISSANCE OFFICE.
Contracts.
Determination.
Coordination.
Certification.
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(a) PLAN.—
(1) IN GENERAL.—Except as provided in subsection (c), the
Director of the National Reconnaissance Office shall develop
a plan for the National Reconnaissance Office to address how
to carry out covered space-based environmental monitoring missions. Such plan shall include—
(A) a description of the related national security
requirements for such missions;
(B) a description of the appropriate manner to meet
such requirements; and
(C) the amount of funds that would be necessary to
be transferred from the Air Force to the National Reconnaissance Office during fiscal years 2018 through 2022
to carry out such plan.
(2) ACTIVITIES.—In developing the plan under paragraph
(1), the Director may conduct pre-acquisition activities,
including with respect to requests for information, analyses
of alternatives, study contracts, modeling and simulation, and
other activities the Director determines necessary to develop
such plan.
(3) SUBMISSION.—Not later than July 1, 2017, and except
as provided in subsection (c), the Director shall submit to
the appropriate congressional committees the plan under paragraph (1).
(b) INDEPENDENT COST ESTIMATE.—The Director of the Cost
Assessment Improvement Group of the Office of the Director of
National Intelligence, in coordination with the Director of Cost
Assessment and Program Evaluation, shall certify to the appropriate congressional committees that the amounts of funds identified under subsection (a)(1)(C) as being necessary to transfer are
appropriate and include funding for positions and personnel to
support program office costs.
(c) WAIVER BASED ON REPORT AND CERTIFICATION OF AIR FORCE
ACQUISITION PROGRAM.—The Director of the National Reconnaissance Office may waive the requirement to develop a plan under
subsection (a), if the Under Secretary of Defense for Acquisition
Technology, and Logistics and the Chairman of the Joint Chiefs
of Staff jointly submit to the appropriate congressional committees
a report by not later than July 1, 2017) that contains—
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(1) a certification that the Secretary of the Air Force is
carrying out a formal acquisition program that has received
Milestone A approval to address the cloud characterization
and theater weather imagery requirements of the Department
of Defense; and
(2) an identification of the cost, schedule, requirements,
and acquisition strategy of such acquisition program.
(d) DEFINITIONS.—In this section:
(1) APPROPRIATE CONGRESSIONAL COMMITTEES.—The term
‘‘appropriate congressional committees’’ means—
(A) the congressional intelligence committees; and
(B) the congressional defense committees (as defined
in section 101(a)(16) of title 10, United States Code).
(2) COVERED SPACE-BASED ENVIRONMENTAL MONITORING
MISSIONS.—The term ‘‘covered space-based environmental monitoring missions’’ means the acquisition programs necessary to
meet the national security requirements for cloud characterization and theater weather imagery.
(3) MILESTONE A APPROVAL.—The term ‘‘Milestone A
approval’’ has the meaning given that term in section 2366a(d)
of title 10, United States Code.
TITLE V—MATTERS RELATING TO
FOREIGN COUNTRIES
SEC. 501. COMMITTEE TO COUNTER ACTIVE MEASURES BY THE RUSSIAN FEDERATION TO EXERT COVERT INFLUENCE OVER
PEOPLES AND GOVERNMENTS.
50 USC 3001
note.
(a) DEFINITIONS.—In this section:
(1) ACTIVE MEASURES BY RUSSIA TO EXERT COVERT INFLUENCE.—The term ‘‘active measures by Russia to exert covert
influence’’ means activities intended to influence a person or
government that are carried out in coordination with, or at
the behest of, political leaders or the security services of the
Russian Federation and the role of the Russian Federation
has been hidden or not acknowledged publicly, including the
following:
(A) Establishment or funding of a front group.
(B) Covert broadcasting.
(C) Media manipulation.
(D) Disinformation and forgeries.
(E) Funding agents of influence.
(F) Incitement and offensive counterintelligence.
(G) Assassinations.
(H) Terrorist acts.
(2) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) the congressional intelligence committees;
(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(b) ESTABLISHMENT.—There is established within the executive
branch an interagency committee to counter active measures by
the Russian Federation to exert covert influence.
(c) MEMBERSHIP.—
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President.
Summary.
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PUBLIC LAW 115–31—MAY 5, 2017
(1) IN GENERAL.—
(A) APPOINTMENT.—Each head of an agency or department of the Government set out under subparagraph (B)
shall appoint one member of the committee established
by subsection (b) from among officials of such agency or
department who occupy a position that is required to be
appointed by the President, with the advice and consent
of the Senate.
(B) HEAD OF AN AGENCY OR DEPARTMENT.—The head
of an agency or department of the Government set out
under this subparagraph are the following:
(i) The Director of National Intelligence.
(ii) The Secretary of State.
(iii) The Secretary of Defense.
(iv) The Secretary of the Treasury.
(v) The Attorney General.
(vi) The Secretary of Energy.
(vii) The Director of the Federal Bureau of Investigation.
(viii) The head of any other agency or department
of the United States Government designated by the
President for purposes of this section.
(d) MEETINGS.—The committee shall meet on a regular basis.
(e) DUTIES.—The duties of the committee established by subsection (b) shall be as follows:
(1) To counter active measures by Russia to exert covert
influence, including by exposing falsehoods, agents of influence,
corruption, human rights abuses, terrorism, and assassinations
carried out by the security services or political elites of the
Russian Federation or their proxies.
(2) Such other duties as the President may designate for
purposes of this section.
(f) STAFF.—The committee established by subsection (b) may
employ such staff as the members of such committee consider
appropriate.
(g) BUDGET REQUEST.—A request for funds required for the
functioning of the committee established by subsection (b) may
be included in each budget for a fiscal year submitted by the
President pursuant to section 1105(a) of title 31, United States
Code.
(h) ANNUAL REPORT.—
(1) REQUIREMENT.—Not later than 180 days after the date
of the enactment of this Act, and annually thereafter, and
consistent with the protection of intelligence sources and
methods, the committee established by subsection (b) shall
submit to the appropriate committees of Congress a report
describing steps being taken by the committee to counter active
measures by Russia to exert covert influence.
(2) CONTENT.—Each report required by paragraph (1) shall
include the following:
(A) A summary of the active measures by the Russian
Federation to exert covert influence during the previous
year, including significant incidents and notable trends.
(B) A description of the key initiatives of the committee.
(C) A description of the implementation of the committee’s initiatives by the head of an agency or department
of the Government set out under subsection (c)(1)(B).
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(D) An analysis of the impact of the committee’s initiatives.
(E) Recommendations for changes to the committee’s
initiatives from the previous year.
(3) SEPARATE REPORTING REQUIREMENT.—The requirement
to submit an annual report under paragraph (1) is in addition
to any other reporting requirements with respect to Russia.
SEC. 502. STRICT ENFORCEMENT OF TRAVEL PROTOCOLS AND PROCEDURES OF ACCREDITED DIPLOMATIC AND CONSULAR PERSONNEL OF THE RUSSIAN FEDERATION IN THE UNITED
STATES.
(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the congressional intelligence committees;
(2) the Committee on Foreign Relations and the Committee
on the Judiciary of the Senate; and
(3) the Committee on Foreign Affairs and the Committee
on the Judiciary of the House of Representatives.
(b) ADVANCE NOTIFICATION REQUIREMENT.—The Secretary of
State shall, in coordination with the Director of the Federal Bureau
of Investigation and the Director of National Intelligence, establish
a mandatory advance notification regime governing all travel by
accredited diplomatic and consular personnel of the Russian Federation in the United States and take necessary action to secure
full compliance by Russian personnel and address any noncompliance.
(c) INTERAGENCY COOPERATION.—The Secretary of State, the
Director of the Federal Bureau of Investigation, and the Director
of National Intelligence shall develop written mechanisms to share
information—
(1) on travel by accredited diplomatic and consular personnel of the Russian Federation who are in the United States;
and
(2) on any known or suspected noncompliance by such
personnel with the regime required by subsection (b).
(d) QUARTERLY REPORTS.—Not later than 90 days after the
date of the enactment of this Act, and quarterly thereafter, and
consistent with the protection of intelligence sources and methods—
(1) the Secretary of State shall submit to the appropriate
committees of Congress a written report detailing the number
of notifications submitted under the regime required by subsection (b); and
(2) the Secretary of State and the Director of the Federal
Bureau of Investigation shall jointly submit to the appropriate
committees of Congress a written report detailing the number
of known or suspected violations of such requirements by any
accredited diplomatic and consular personnel of the Russian
Federation.
Analysis.
Recommendations.
22 USC 254a
note.
Coordination.
SEC. 503. STUDY AND REPORT ON ENHANCED INTELLIGENCE AND
INFORMATION SHARING WITH OPEN SKIES TREATY
MEMBER STATES.
(a) DEFINITIONS.—In this section:
(1) APPROPRIATE COMMITTEES OF CONGRESS.—The term
‘‘appropriate committees of Congress’’ means—
(A) congressional intelligence committees;
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Deadline.
Determination.
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(B) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(C) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
(2) COVERED STATE PARTY.—The term ‘‘covered state party’’
means a foreign country, that—
(A) was a state party to the Open Skies Treaty on
February 22, 2016; and
(B) is not the Russian Federation or the Republic of
Belarus.
(3) OPEN SKIES TREATY.—The term ‘‘Open Skies Treaty’’
means the Treaty on Open Skies, done at Helsinki March
24, 1992, and entered into force January 1, 2002.
(b) FEASIBILITY STUDY.—
(1) REQUIREMENT FOR STUDY.—Not later than 180 days
after the date of the enactment of this Act, the Director of
National Intelligence shall conduct and submit to the appropriate committees of Congress a study to determine the feasibility of creating an intelligence sharing arrangement and database to provide covered state parties with imagery that is
comparable, delivered more frequently, and in equal or higher
resolution than imagery available through the database established under the Open Skies Treaty.
(2) ELEMENTS.—The study required by paragraph (1) shall
include an evaluation of the following:
(A) The methods by which the United States could
collect and provide imagery, including commercial satellite
imagery, national technical means, and through other intelligence, surveillance, and reconnaissance platforms, under
an information sharing arrangement and database referred
to in paragraph (1).
(B) The ability of other covered state parties to contribute imagery to the arrangement and database.
(C) Any impediments to the United States and other
covered states parties providing such imagery, including
any statutory barriers, insufficiencies in the ability to collect the imagery or funding, under such an arrangement.
(D) Whether imagery of Moscow, Chechnya, the international border between Russia and Georgia, Kaliningrad,
or the Republic of Belarus could be provided under such
an arrangement.
(E) The annual and projected costs associated with
the establishment of such an arrangement and database,
as compared with costs to the United States and other
covered state parties of being parties to the Open Skies
Treaty, including Open Skies Treaty plane maintenance,
aircraft fuel, crew expenses, mitigation measures necessary
associated with Russian Federation overflights of the
United States or covered state parties, and new sensor
development and acquisition.
(3) SUPPORT FROM OTHER FEDERAL AGENCIES.—Each head
of a Federal agency shall provide such support to the Director
as may be necessary for the Director to conduct the study
required by paragraph (1).
(c) REPORT.—
(1) REQUIREMENT FOR REPORT.—Not later than 180 days
after the date of the enactment of this Act, the Director of
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National Intelligence shall submit to the appropriate committees of Congress the report described in this subsection.
(2) CONTENT OF REPORT.—The report required by paragraph (1) shall include the following:
(A) An intelligence assessment of Russian Federation
warfighting doctrine and the extent to which Russian Federation flights under the Open Skies Treaty contribute
to such doctrine.
(B) A counterintelligence analysis as to whether the
Russian Federation has, could have, or intends to have
the capability to exceed the imagery limits set forth in
the Open Skies Treaty.
(C) A list of intelligence exchanges with covered state
parties that have been updated on the information
described in subparagraphs (A) and (B) and the date and
form such information was provided.
(d) FORM OF SUBMISSION.—The study required by subsection
(b) and the report required by subsection (c) shall be submitted
in an unclassified form but may include a classified annex.
Assessment.
Analysis.
Lists.
TITLE VI—REPORTS AND OTHER
MATTERS
SEC. 601. DECLASSIFICATION REVIEW WITH RESPECT TO DETAINEES
TRANSFERRED FROM UNITED STATES NAVAL STATION,
GUANTANAMO BAY, CUBA.
(a) IN GENERAL.—For each individual detained at United States
Naval Station, Guantanamo Bay, Cuba, who was transferred or
released from United States Naval Station, Guantanamo Bay, Cuba,
the Director of National Intelligence shall—
(1)(A) complete a declassification review of intelligence
reports regarding past terrorist activities of that individual
prepared by the National Counterterrorism Center for the
individual’s Periodic Review Board sessions, transfer, or release;
or
(B) if the individual’s transfer or release occurred prior
to the date on which the National Counterterrorism Center
first began to prepare such reports regarding detainees, such
other intelligence report or reports that contain the same or
similar information regarding the individual’s past terrorist
activities;
(2) make available to the public—
(A) any intelligence reports declassified as a result
of the declassification review; and
(B) with respect to each individual transferred or
released, for whom intelligence reports are declassified as
a result of the declassification review, an unclassified summary which shall be prepared by the President of measures
being taken by the country to which the individual was
transferred or released to monitor the individual and to
prevent the individual from carrying out future terrorist
activities; and
(3) submit to the congressional intelligence committees a
report setting out the results of the declassification review,
including a description of intelligence reports covered by the
review that were not declassified.
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Review.
Public
information.
President.
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(b) SCHEDULE.—
(1) TRANSFER OR RELEASE PRIOR TO ENACTMENT.—Not later
than 210 days after the date of the enactment of this Act,
the Director of National Intelligence shall submit the report
required by subsection (a)(3), which shall include the results
of the declassification review completed for each individual
detained at United States Naval Station, Guantanamo Bay,
Cuba, who was transferred or released from United States
Naval Station, Guantanamo Bay, prior to the date of the enactment of this Act.
(2) TRANSFER OR RELEASE AFTER ENACTMENT.—Not later
than 120 days after the date an individual detained at United
States Naval Station, Guantanamo Bay, on or after the date
of the enactment of this Act is transferred or released from
United States Naval Station, Guantanamo Bay, the Director
shall submit the report required by subsection (a)(3) for such
individual.
(c) PAST TERRORIST ACTIVITIES.—For purposes of this section,
the past terrorist activities of an individual shall include all terrorist
activities conducted by the individual before the individual’s
transfer to the detention facility at United States Naval Station,
Guantanamo Bay, including, at a minimum, the following:
(1) The terrorist organization, if any, with which affiliated.
(2) The terrorist training, if any, received.
(3) The role in past terrorist attacks against United States
interests or allies.
(4) The direct responsibility, if any, for the death of United
States citizens or members of the Armed Forces.
(5) Any admission of any matter specified in paragraphs
(1) through (4).
(6) A description of the intelligence supporting any matter
specified in paragraphs (1) through (5), including the extent
to which such intelligence was corroborated, the level of confidence held by the intelligence community, and any dissent
or reassessment by an element of the intelligence community.
Review.
SEC. 602. CYBER CENTER FOR EDUCATION AND INNOVATION-HOME
OF THE NATIONAL CRYPTOLOGIC MUSEUM.
(a) AUTHORITY TO ESTABLISH AND OPERATE CENTER.—Chapter
449 of title 10, United States Code, is amended by adding at
the end the following new section:
10 USC 4781.
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‘‘§ 4781. Cyber Center for Education and Innovation-Home
of the National Cryptologic Museum
‘‘(a) ESTABLISHMENT.—(1) The Secretary of Defense may establish at a publicly accessible location at Fort George G. Meade
the ‘Cyber Center for Education and Innovation-Home of the
National Cryptologic Museum’ (in this section referred to as the
‘Center’).
‘‘(2) The Center may be used for the identification, curation,
storage, and public viewing of materials relating to the activities
of the National Security Agency, its predecessor or successor
organizations, and the history of cryptology.
‘‘(3) The Center may contain meeting, conference, and classroom
facilities that will be used to support such education, training,
public outreach, and other purposes as the Secretary considers
appropriate.
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‘‘(b) DESIGN, CONSTRUCTION, AND OPERATION.—The Secretary
may enter into an agreement with the National Cryptologic Museum
Foundation (in this section referred to as the ‘Foundation’), a nonprofit organization, for the design, construction, and operation of
the Center.
‘‘(c) ACCEPTANCE AUTHORITY.—(1) If the Foundation constructs
the Center pursuant to an agreement with the Foundation under
subsection (b), upon satisfactory completion of the Center’s construction or any phase thereof, as determined by the Secretary, and
upon full satisfaction by the Foundation of any other obligations
pursuant to such agreement, the Secretary may accept the Center
(or any phase thereof) from the Foundation, and all right, title,
and interest in the Center or such phase shall vest in the United
States.
‘‘(2) Notwithstanding section 1342 of title 31, the Secretary
may accept services from the Foundation in connection with the
design construction, and operation of the Center. For purposes
of this section and any other provision of law, employees or personnel of the Foundation shall not be considered to be employees
of the United States.
‘‘(d) FEES AND USER CHARGES.—(1) The Secretary may assess
fees and user charges to cover the cost of the use of Center facilities
and property, including rental, user, conference, and concession
fees.
‘‘(2) Amounts received under paragraph (1) shall be deposited
into the fund established under subsection (e).
‘‘(e) FUND.—(1) Upon the Secretary’s acceptance of the Center
under subsection (c)(1)) there is established in the Treasury a
fund to be known as the ‘Cyber Center for Education and Innovation-Home of the National Cryptologic Museum Fund’ (in this subsection referred to as the ‘Fund’).
‘‘(2) The Fund shall consist of the following amounts:
‘‘(A) Fees and user charges deposited by the Secretary
under subsection (d).
‘‘(B) Any other amounts received by the Secretary which
are attributable to the operation of the Center.
‘‘(3) Amounts in the Fund shall be available to the Secretary
for the benefit and operation of the Center, including the costs
of operation and the acquisition of books, manuscripts, works of
art, historical artifacts, drawings, plans, models, and condemned
or obsolete combat materiel.
‘‘(4) Amounts in the Fund shall be available without fiscal
year limitation.’’.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 449 of title 10, United States Code, is amended
by adding at the end the following new item:
10 USC 4771
prec.
‘‘4781. Cyber Center for Education and Innovation-Home of the National Cryptologic
Museum.’’.
SEC. 603. REPORT ON NATIONAL SECURITY SYSTEMS.
50 USC 3314.
(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means—
(1) the congressional intelligence committees;
(2) the Committee on Appropriations and the Committee
on Armed Services of the Senate; and
(3) the Committee on Appropriations and the Committee
on Armed Services of the House of Representatives.
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(b) REPORT.—Not later than 120 days after the date of the
enactment of this Act, and annually thereafter, the Director of
the National Security Agency, in coordination with the Secretary
of Defense and the Chairman of the Joint Chiefs of Staff, shall
submit to the appropriate committees of Congress a report on
national security systems.
(c) CONTENT.—Each report submitted under subsection (b) shall
include information related to—
(1) national security systems or components thereof that
have been decertified and are still in operational use;
(2) extension requests and the current status of any
national security systems still in use or components thereof
that have been decertified and are still in use;
(3) national security systems known to not be in compliance
with the policies, principles, standards, and guidelines issued
by the Committee on National Security Systems established
pursuant to National Security Directive 42, signed by the President on July 5, 1990; and
(4) organizations which have not provided access or
information to the Director of the National Security Agency
that is adequate to enable the Director to make a determination
as to whether such organizations are in compliance with the
policies, principles, standards, and guidelines issued by such
Committee on National Security Systems.
50 USC 3333.
SEC. 604. JOINT FACILITIES CERTIFICATION.
(a) FINDINGS.—Congress finds the following:
(1) The Director of National Intelligence set a strategic
goal to use joint facilities as a means to save costs by consolidating administrative and support functions across multiple
elements of the intelligence community.
(2) The use of joint facilities provides more opportunities
for operational collaboration and information sharing among
elements of the intelligence community.
(b) CERTIFICATION.—Before an element of the intelligence
community purchases, leases, or constructs a new facility that is
20,000 square feet or larger, the head of that element of the intelligence community shall submit to the Director of National Intelligence—
(1) a written certification that, to the best of the knowledge
of the head of such element, all prospective joint facilities
in the vicinity have been considered and the element is unable
to identify a joint facility that meets the operational requirements of such element; and
(2) a written statement listing the reasons for not participating in the prospective joint facilities considered by the element.
10 USC 2271
note.
Consultation.
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SEC. 605. LEADERSHIP AND MANAGEMENT OF SPACE ACTIVITIES.
(a) APPROPRIATE COMMITTEES OF CONGRESS DEFINED.—In this
section, the term ‘‘appropriate committees of Congress’’ means the
congressional intelligence committees, the Committee on Armed
Services of the Senate, and the Committee on Armed Services
of the House of Representatives.
(b) UPDATE TO STRATEGY FOR COMPREHENSIVE INTERAGENCY
REVIEW OF THE UNITED STATES NATIONAL SECURITY OVERHEAD
SATELLITE ARCHITECTURE.—Not later than 180 days after the date
of the enactment of this Act, the Director of National Intelligence,
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in consultation with the Secretary of Defense and the Chairman
of the Joint Chiefs of Staff, shall issue a written update to the
strategy required by section 312 of the Intelligence Authorization
Act for Fiscal Year 2016 (division M of Public Law 114–113; 129
Stat. 2919).
(c) UNITY OF EFFORT IN SPACE OPERATIONS BETWEEN THE
INTELLIGENCE COMMUNITY AND DEPARTMENT OF DEFENSE.—
(1) REQUIREMENT FOR PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence, in consultation with the Secretary of Defense,
shall submit to the appropriate committees of Congress a plan
to functionally integrate the governance, operations, analysis,
collection, policy, and acquisition activities related to space
and counterspace carried out by the intelligence community.
The plan shall include analysis of no fewer than 2 alternative
constructs to implement this plan, and an assessment of statutory, policy, organizational, programmatic, and resources
changes that may be required to implement each alternative
construct.
(2) APPOINTMENT BY THE DIRECTOR OF NATIONAL INTELLIGENCE.—Not later than 30 days after the date of the enactment of this Act, the Director of National Intelligence, in consultation with the Secretary of Defense, shall appoint a single
official to oversee development of the plan required by paragraph (1).
(3) SCOPE OF PLAN.—The plan required by paragraph (1)
shall include methods to functionally integrate activities carried
out by—
(A) the National Reconnaissance Office;
(B) the functional managers for signals intelligence
and geospatial intelligence;
(C) the Office of the Director of National Intelligence;
(D) other Intelligence Community elements with spacerelated programs;
(E) joint interagency efforts; and
(F) other entities as identified by the Director of
National Intelligence in coordination with the Secretary
of Defense.
(d) INTELLIGENCE COMMUNITY SPACE WORKFORCE.—Not later
than 180 days after the date of the enactment of this Act, the
Director of National Intelligence shall submit to the congressional
intelligence committees a workforce plan to recruit, develop, and
retain personnel in the intelligence community with skills and
experience in space and counterspace operations, analysis, collection, policy, and acquisition.
(e) JOINT INTERAGENCY COMBINED SPACE OPERATIONS
CENTER.—
(1) SUBMISSION TO CONGRESS.—The Director of the National
Reconnaissance Office and the Commander of the United States
Strategic Command, in consultation with the Director of
National Intelligence, the Under Secretary of Defense for Intelligence, and the Chairman of the Joint Chiefs of Staff, shall
submit to the appropriate committees of Congress concept of
operations and requirements documents for the Joint Interagency Combined Space Operations Center by the date that
is the earlier of—
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Consultation.
Consultation.
Workforce plan.
Consultation.
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(A) the completion of the experimental phase of such
Center; or
(B) 30 days after the date of the enactment of this
Act.
(2) QUARTERLY BRIEFINGS.—The Director of the National
Reconnaissance Office and the Commander of the United States
Strategic Command, in coordination with the Director of
National Intelligence and Under Secretary of Defense for Intelligence, shall provide to the appropriate committees of Congress
briefings providing updates on activities and progress of the
Joint Interagency Combined Space Operations Center to begin
30 days after the date of the enactment of this Act. Such
briefings shall be quarterly for the first year following enactment, and annually thereafter.
SEC. 606. ADVANCES IN LIFE SCIENCES AND BIOTECHNOLOGY.
Briefing.
Assessment.
Analysis.
(a) REQUIREMENT FOR PLAN.—Not later than 180 days after
the date of the enactment of this Act, the Director of National
Intelligence shall brief the congressional intelligence committees
on a proposed plan to monitor advances in life sciences and biotechnology to be carried out by the Director.
(b) CONTENTS OF PLAN.—The plan required by subsection (a)
shall include—
(1) a description of the approach the elements of the intelligence community will take to make use of organic life science
and biotechnology expertise, within and outside the intelligence
community on a routine and contingency basis;
(2) an assessment of the current collection and analytical
posture of the life sciences and biotechnology portfolio as it
relates to United States competitiveness and the global bioeconomy, the risks and threats evolving with advances in
genetic editing technologies, and the implications of such
advances on future biodefense requirements; and
(3) an analysis of organizational requirements and responsibilities, including potentially creating new positions.
(c) REPORT TO CONGRESS.—Not later than 180 days after the
date of the enactment of this Act, the Director of National Intelligence shall submit to the congressional intelligence committees,
the Committee on Armed Services of the Senate, and the Committee
on Armed Services of the House of Representatives a report and
provide a briefing on the role of the intelligence community in
the event of a biological attack on the United States, including
an assessment of the capabilities and gaps in technical capabilities
that exist to address the potential circumstance of a novel unknown
pathogen.
SEC. 607. REPORTS ON DECLASSIFICATION PROPOSALS.
(a) COVERED STUDIES DEFINED.—In this section, the term ‘‘covered studies’’ means the studies that the Director of National Intelligence requested that the elements of the intelligence community
produce in the course of producing the fundamental classification
guidance review for fiscal year 2017 required by Executive Order
No. 13526 (50 U.S.C. 3161 note), as follows:
(1) A study of the feasibility of reducing the number of
original classification authorities in each element of the intelligence community to the minimum number required and any
negative impacts that reduction could have on mission capabilities.
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(2) A study of the actions required to implement a proactive
discretionary declassification program distinct from the systematic, automatic, and mandatory declassification review programs outlined in part 2001 of title 32, Code of Federal Regulations, including section 2001.35 of such part.
(3) A study of the benefits and drawbacks of implementing
a single classification guide that could be used by all elements
of the intelligence community in the nonoperational and more
common areas of such elements.
(4) A study of whether the classification level of ‘‘confidential’’ could be eliminated within agency-generated classification
guides from use by elements of the intelligence community
and any negative impacts that elimination could have on mission success.
(b) REPORTS AND BRIEFINGS TO CONGRESS.—
(1) PROGRESS REPORT.—Not later than 30 days after the
date of the enactment of this Act, the Director of National
Intelligence shall submit a report to the congressional intelligence committees and provide the congressional intelligence
committees a briefing on the progress of the elements of the
intelligence community in producing the covered studies.
(2) FINAL REPORT.—Not later than the earlier of 120 days
after the date of the enactment of this Act or June 30, 2017,
the Director of National Intelligence shall submit a report
and provide a briefing to the congressional intelligence committees on—
(A) the final versions of the covered studies that have
been provided to the Director by the elements of the intelligence community; and
(B) a plan for implementation of each initiative
included in each such covered study.
Briefing.
SEC. 608. IMPROVEMENT IN GOVERNMENT CLASSIFICATION AND
DECLASSIFICATION.
(a) REVIEW OF GOVERNMENT CLASSIFICATION AND DECLASSIFICATION.—Not later than 180 days after the date of the enactment
of this Act, the Director of National Intelligence shall—
(1) review the system by which the Government classifies
and declassifies information;
(2) develop recommendations—
(A) to make such system a more effective tool for
the protection of information relating to national security;
(B) to improve the sharing of information with partners
and allies of the Government; and
(C) to support the appropriate declassification of
information; and
(3) submit to the congressional intelligence committees a
report with—
(A) the findings of the Director with respect to the
review conducted under paragraph (1); and
(B) the recommendations developed under paragraph
(2).
(b) ANNUAL CERTIFICATION OF CONTROLLED ACCESS PROGRAMS.—
(1) IN GENERAL.—Not less frequently than once each year,
the Director of National Intelligence shall certify in writing
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50 USC 3315.
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to the congressional intelligence committees whether the creation, validation, or substantial modification, including termination, for all existing and proposed controlled access programs,
and the compartments and subcompartments within each, are
substantiated and justified based on the information required
by paragraph (2).
(2) INFORMATION REQUIRED.—Each certification pursuant
to paragraph (1) shall include—
(A) the rationale for the revalidation, validation, or
substantial modification, including termination, of each
controlled access program, compartment and subcompartment;
(B) the identification of a control officer for each controlled access program; and
(C) a statement of protection requirements for each
controlled access program.
SEC. 609. REPORT ON IMPLEMENTATION OF RESEARCH AND DEVELOPMENT RECOMMENDATIONS.
Assessment.
Analysis.
Assessment.
Not later than 120 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report that includes the
following:
(1) An assessment of the actions each element of the intelligence community has completed to implement the recommendations made by the National Commission for the
Review of the Research and Development Programs of the
United States Intelligence Community established under section 1002 of the Intelligence Authorization Act for Fiscal Year
2003 (Public Law 107–306; 50 U.S.C. 3001 note).
(2) An analysis of the balance between short-,
medium-, and long-term research efforts carried out by each
element of the intelligence community.
SEC. 610. REPORT ON INTELLIGENCE COMMUNITY RESEARCH AND
DEVELOPMENT CORPS.
Not later than 120 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a report and provide briefing
on a plan, with milestones and benchmarks, to implement an Intelligence Community Research and Development Corps, as recommended in the Report of the National Commission for the Review
of the Research and Development Programs of the United States
Intelligence Community, including an assessment—
(1) of the funding and modification to existing authorities
needed to allow for the implementation of such Corps; and
(2) of additional legislative authorities, if any, necessary
to undertake such implementation.
SEC. 611. REPORT ON INFORMATION RELATING TO ACADEMIC PROGRAMS, SCHOLARSHIPS, FELLOWSHIPS, AND INTERNSHIPS
SPONSORED, ADMINISTERED, OR USED BY THE INTELLIGENCE COMMUNITY.
(a) REPORT.—Not later than 120 days after the date of the
enactment of this Act, the Director of National Intelligence shall
submit to the congressional intelligence committees a report by
the intelligence community regarding covered academic programs.
Such report shall include—
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(1) a description of the extent to which the Director and
the heads of the elements of the intelligence community
independently collect information on covered academic programs, including with respect to—
(A) the number of applicants for such programs;
(B) the number of individuals who have participated
in such programs; and
(C) the number of individuals who have participated
in such programs and were hired by an element of the
intelligence community after completing such program;
(2) to the extent that the Director and the heads independently collect the information described in paragraph (1), a chart,
table, or other compilation illustrating such information for
each covered academic program and element of the intelligence
community, as appropriate, during the three-year period preceding the date of the report; and
(3) to the extent that the Director and the heads do not
independently collect the information described in paragraph
(1) as of the date of the report—
(A) whether the Director and the heads can begin
collecting such information during fiscal year 2017; and
(B) the personnel, tools, and other resources required
by the Director and the heads to independently collect
such information.
(b) COVERED ACADEMIC PROGRAMS DEFINED.—In this section,
the term ‘‘covered academic programs’’ means—
(1) the Federal Cyber Scholarship-for-Service Program
under section 302 of the Cybersecurity Enhancement Act of
2014 (15 U.S.C. 7442);
(2) the National Security Education Program under the
David L. Boren National Security Education Act of 1991 (50
U.S.C. 1901 et seq.);
(3) the Science, Mathematics, and Research for Transformation Defense Education Program under section 2192a of
title 10, United States Code;
(4) the National Centers of Academic Excellence in Information Assurance and Cyber Defense of the National Security
Agency and the Department of Homeland Security; and
(5) any other academic program, scholarship program,
fellowship program, or internship program sponsored, administered, or used by an element of the intelligence community.
SEC.
612.
REPORT ON INTELLIGENCE COMMUNITY EMPLOYEES
DETAILED TO NATIONAL SECURITY COUNCIL.
Not later than 60 days after the date of the enactment of
this Act, the Director of National Intelligence shall submit to the
congressional intelligence committees a classified written report
listing, by year, the number of employees of an element of the
intelligence community who have been detailed to the National
Security Council during the 10-year period preceding the date of
the report.
SEC. 613. INTELLIGENCE COMMUNITY REPORTING TO CONGRESS ON
FOREIGN FIGHTER FLOWS.
(a) REPORTS REQUIRED.—Not later than 60 days after the date
of the enactment of this Act, and every 180 days thereafter, the
Director of National Intelligence, consistent with the protection
of intelligence sources and methods, shall submit to the appropriate
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congressional committees a report on foreign fighter flows to and
from terrorist safe havens abroad.
(b) CONTENTS.—Each report submitted under subsection (a)
shall include, with respect to each terrorist safe haven, the following:
(1) The total number of foreign fighters who have traveled
or are suspected of having traveled to the terrorist safe haven
since 2011, including the countries of origin of such foreign
fighters.
(2) The total number of United States citizens present
in the terrorist safe haven.
(3) The total number of foreign fighters who have left
the terrorist safe haven or whose whereabouts are unknown.
(c) FORM.—The reports submitted under subsection (a) may
be submitted in classified form. If such a report is submitted in
classified form, such report shall also include an unclassified summary.
(d) SUNSET.—The requirement to submit reports under subsection (a) shall terminate on the date that is two years after
the date of the enactment of this Act.
(e) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) in the Senate—
(A) the Committee on Armed Services;
(B) the Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security and Governmental Affairs;
(E) the Committee on Banking, Housing, and Urban
Affairs;
(F) the Committee on Foreign Relations; and
(G) the Committee on Appropriations; and
(2) in the House of Representatives—
(A) the Committee on Armed Services;
(B) the Permanent Select Committee on Intelligence;
(C) the Committee on the Judiciary;
(D) the Committee on Homeland Security;
(E) the Committee on Financial Services;
(F) the Committee on Foreign Affairs; and
(G) the Committee on Appropriations.
SEC. 614. REPORT ON CYBERSECURITY THREATS TO SEAPORTS OF
THE UNITED STATES AND MARITIME SHIPPING.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Under Secretary of Homeland Security
for Intelligence and Analysis, in consultation with the Director
of National Intelligence, and consistent with the protection of
sources and methods, shall submit to the appropriate congressional
committees a report on the cybersecurity threats to, and the cyber
vulnerabilities within, the software, communications networks, computer networks, or other systems employed by—
(1) entities conducting significant operations at seaports
in the United States;
(2) the maritime shipping concerns of the United States;
and
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131 STAT. 837
(3) entities conducting significant operations at transshipment points in the United States.
(b) MATTERS INCLUDED.—The report under subsection (a) shall
include the following:
(1) A description of any recent and significant cyberattacks
or cybersecurity threats directed against software, communications networks, computer networks, or other systems employed
by the entities and concerns described in paragraphs (1)
through (3) of subsection (a).
(2) An assessment of—
(A) any planned cyberattacks directed against such
software, networks, and systems;
(B) any significant vulnerabilities to such software,
networks, and systems; and
(C) how such entities and concerns are mitigating such
vulnerabilities.
(3) An update on the status of the efforts of the Coast
Guard to include cybersecurity concerns in the National
Response Framework, Emergency Support Functions, or both,
relating to the shipping or ports of the United States.
(c) APPROPRIATE CONGRESSIONAL COMMITTEES DEFINED.—In
this section, the term ‘‘appropriate congressional committees’’
means—
(1) the congressional intelligence committees;
(2) the Committee on Homeland Security and Governmental Affairs and the Committee on Commerce, Science, and
Transportation of the Senate; and
(3) the Committee on Homeland Security and the Committee on Transportation and Infrastructure of the House of
Representatives.
SEC. 615. REPORT ON REPRISALS AGAINST CONTRACTORS OF THE
INTELLIGENCE COMMUNITY.
(a) REPORT.—Not later than 180 days after the date of the
enactment of this Act, the Inspector General of the Intelligence
Community, consistent with the protection of sources and methods,
shall submit to the congressional intelligence committees a report
on reprisals made against covered contractor employees.
(b) ELEMENTS.—The report under subsection (a) shall include
the following:
(1) Identification of the number of known or claimed
reprisals made against covered contractor employees during
the 3-year period preceding the date of the report and any
evaluation of such reprisals.
(2) An evaluation of the usefulness of establishing a prohibition on reprisals against covered contractor employees as a
means of encouraging such contractors to make protected disclosures.
(3) A description of any challenges associated with establishing such a prohibition, including with respect to the nature
of the relationship between the Federal Government, the contractor, and the covered contractor employee.
(4) A description of any approaches taken by the Federal
Government to account for reprisals against non-intelligence
community contractors who make protected disclosures,
including pursuant to section 2409 of title 10, United States
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PUBLIC LAW 115–31—MAY 5, 2017
Code, and sections 4705 and 4712 of title 41, United States
Code.
(5) Any recommendations the Inspector General determines
appropriate.
(c) DEFINITIONS.—In this section:
(1) COVERED CONTRACTOR EMPLOYEE.—The term ‘‘covered
contractor employee’’ means an employee of a contractor of
an element of the intelligence community.
(2) REPRISAL.—The term ‘‘reprisal’’ means the discharge
or other adverse personnel action made against a covered contractor employee for making a disclosure of information that
would be a disclosure protected by law if the contractor were
an employee of the Federal Government.
DIVISION O—HONORING INVESTMENTS
IN RECRUITING AND EMPLOYING
AMERICAN MILITARY VETERANS ACT
OF 2017
38 USC 4100
note.
SECTION 1. SHORT TITLE.
This division may be cited as the ‘‘Honoring Investments in
Recruiting and Employing American Military Veterans Act of 2017’’
or the ‘‘HIRE Vets Act’’.
SEC. 2. HIRE VETS MEDALLION AWARD PROGRAM.
(a) PROGRAM ESTABLISHED.—Not later than 2 years after the
date of enactment of this Act, the Secretary of Labor shall establish,
by rule, a HIRE Vets Medallion Program to solicit voluntary
information from employers for purposes of recognizing, by means
of an award to be designated a ‘‘HIRE Vets Medallion Award’’,
verified efforts by such employers—
(1) to recruit, employ, and retain veterans; and
(2) to provide community and charitable services supporting
the veteran community.
(b) APPLICATION PROCESS.—Beginning in the calendar year following the calendar year in which the Secretary establishes the
program, the Secretary shall annually—
(1) solicit and accept voluntary applications from employers
in order to consider whether those employers should receive
a HIRE Vets Medallion Award;
(2) review applications received in each calendar year; and
(3) notify such recipients of their awards; and
(4) at a time to coincide with the annual commemoration
of Veterans Day—
(A) announce the names of such recipients;
(B) recognize such recipients through publication in
the Federal Register; and
(C) issue to each such recipient—
(i) a HIRE Vets Medallion Award of the level determined under section 3; and
(ii) a certificate stating that such employer is entitled to display such HIRE Vets Medallion Award.
(c) TIMING.—
(1) SOLICITATION PERIOD.—The Secretary shall solicit
applications not later than January 31st of each calendar year
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131 STAT. 839
for the Awards to be awarded in November of that calendar
year.
(2) END OF ACCEPTANCE PERIOD.—The Secretary shall stop
accepting applications not earlier than April 30th of each calendar year for the Awards to be awarded in November of
that calendar year.
(3) REVIEW PERIOD.—The Secretary shall finish reviewing
applications not later than August 31st of each calendar year
for the Awards to be awarded in November of that calendar
year.
(4) SELECTION OF RECIPIENTS.—The Secretary shall select
the employers to receive HIRE Vets Medallion Awards not
later than September 30th of each calendar year for the Awards
to be awarded in November of that calendar year.
(5) NOTICE TO RECIPIENTS.—The Secretary shall notify
employers who will receive HIRE Vets Medallion Awards not
later than October 11th of each calendar year for the Awards
to be awarded in November of that calendar year.
(d) LIMITATION.—An employer who receives a HIRE Vets Medallion Award for one calendar year is not eligible to receive a HIRE
Vets Medallion Award for the subsequent calendar year.
SEC. 3. SELECTION OF RECIPIENTS.
(a) APPLICATION REVIEW PROCESS.—
(1) IN GENERAL.—The Secretary shall review all applications received in a calendar year to determine whether an
employer should receive a HIRE Vets Medallion Award, and,
if so, of what level.
(2) APPLICATION CONTENTS.—The Secretary shall require
that all applications provide information on the programs and
other efforts of applicant employers during the calendar year
prior to that in which the medallion is to be awarded, including
the categories and activities governing the level of award for
which the applicant is eligible under subsection (b).
(3) VERIFICATION.—The Secretary shall verify all information provided in the applications, to the extent that such
information is relevant in determining whether or not an
employer should receive a HIRE Vets Medallion Award or
in determining the appropriate level of HIRE Vets Medallion
Award for that employer to receive, including by requiring
the chief executive officer or the chief human relations officer
of the employer to attest under penalty of perjury that the
employer has met the criteria described in subsection (b) for
a particular level of Award.
(b) AWARDS.—
(1) LARGE EMPLOYERS.—
(A) IN GENERAL.—The Secretary shall establish 2 levels
of HIRE Vets Medallion Awards to be awarded to employers
employing 500 or more employees, to be designated the
‘‘Gold HIRE Vets Medallion Award’’ and the ‘‘Platinum
HIRE Vets Medallion Award’’.
(B) GOLD HIRE VETS MEDALLION AWARD.—No employer
shall be eligible to receive a Gold HIRE Vets Medallion
Award in a given calendar year unless—
(i) veterans constitute not less than 7 percent of
all employees hired by such employer during the prior
calendar year;
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(ii) such employer has retained not less than 75
percent of the veteran employees hired during the calendar year preceding the preceding calendar year for
a period of at least 12 months from the date on which
the employees were hired;
(iii) such employer has established an employee
veteran organization or resource group to assist new
veteran employees with integration, including coaching
and mentoring; and
(iv) such employer has established programs to
enhance the leadership skills of veteran employees
during their employment.
(C) PLATINUM HIRE VETS MEDALLION AWARD.—No
employer shall be eligible to receive a Platinum HIRE
Vets Medallion Award in a given calendar year unless—
(i) the employer meets all the requirements for
eligibility for a Gold HIRE Vets Medallion Award under
subparagraph (B);
(ii) veterans constitute not less than 10 percent
of all employees hired by such employer during the
prior calendar year;
(iii) such employer has retained not less than 85
percent of the veteran employees hired during the calendar year preceding the preceding calendar year for
a period of at least 12 months from the date on which
the employees were hired;
(iv) such employer employs dedicated human
resources professionals to support hiring and retention
of veteran employees, including efforts focused on veteran hiring and training;
(v) such employer provides each of its employees
serving on active duty in the United States National
Guard or Reserve with compensation sufficient, in combination with the employee’s active duty pay, to achieve
a combined level of income commensurate with the
employee’s salary prior to undertaking active duty;
and
(vi) such employer has a tuition assistance program to support veteran employees’ attendance in postsecondary education during the term of their employment.
(D) EXEMPTION FOR SMALLER EMPLOYERS.—An
employer shall be deemed to meet the requirements of
subparagraph (C)(iv) if such employer—
(i) employs 5,000 or fewer employees; and
(ii) employs at least one human resources professional whose regular work duties include those
described under subparagraph (C)(iv).
(E) ADDITIONAL CRITERIA.—The Secretary may provide,
by rule, additional criteria with which to determine qualifications for receipt of each level of HIRE Vets Medallion
Award.
(2) SMALL- AND MEDIUM-SIZED EMPLOYERS.—The Secretary
shall establish similar awards in order to recognize achievements in supporting veterans by—
(A) employers with 50 or fewer employees; and
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131 STAT. 841
(B) employers with more than 50 but fewer than 500
employees.
(c) DESIGN BY SECRETARY.—The Secretary shall establish the
shape, form, and design of each HIRE Vets Medallion Award, except
that the Award shall be in the form of a certificate and shall
state the year for which it was awarded.
SEC. 4. DISPLAY OF AWARD.
It is unlawful for any employer to publicly display a HIRE
Vets Medallion Award, in connection with, or as a part of, any
advertisement, solicitation, business activity, or product—
(1) for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression that the employer
received the Award through the HIRE Vets Medallion Award
Program, if such employer did not receive such Award through
the HIRE Vets Medallion Award Program; or
(2) for the purpose of conveying, or in a manner reasonably
calculated to convey, a false impression that the employer
received the Award through the HIRE Vets Medallion Award
Program for a year for which such employer did not receive
such Award.
SEC. 5. APPLICATION FEE AND FUNDING.
(a) FUND ESTABLISHED.—There is established in the Treasury
of the United States a fund to be designated the ‘‘HIRE Vets
Medallion Award Fund’’. Amounts appropriated to the fund pursuant to subsection (c) shall remain available until expended.
(b) FEE AUTHORIZED.—The Secretary may assess a reasonable
fee on employers that apply for receipt of a HIRE Vets Medallion
Award and the Secretary shall deposit such fees into the HIRE
Vets Medallion Award Fund. The Secretary shall establish the
amount of the fee such that the amounts collected as fees and
deposited into the Fund are sufficient to cover the costs associated
with carrying out this division.
(c) USE OF FUNDS.—Amounts in the HIRE Vets Medallion
Award Fund shall be available, subject to appropriation, to the
Secretary to carry out the HIRE Vets Medallion Award Program.
SEC. 6. INITIAL IMPLEMENTATION.
The HIRE Vets Medallion Program shall begin to solicit applications on January 31 of the year that is 2 fiscal years after the
fiscal year during which funds are first appropriated to carry out
this division.
SEC. 7. REPORT TO CONGRESS.
(a) REPORTS.—Beginning not later than 2 years after the date
of enactment of this Act, the Secretary shall submit to Congress
annual reports on—
(1) the fees collected from applicants for HIRE Vets Medallion Awards in the prior year and any changes in fees to
be proposed in the present year;
(2) the cost of administering the HIRE Vets Medallion
Award Program in the prior year;
(3) the number of applications for HIRE Vets Medallion
Awards received in the prior year; and
(4) the HIRE Vets Medallion Awards awarded in the prior
year, including the name of each employer to whom a HIRE
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PUBLIC LAW 115–31—MAY 5, 2017
Vets Medallion Award was awarded and the level of medallion
awarded to each such employer.
(b) COMMITTEES.—The Secretary shall provide the reports
required under subsection (a) to the Chairman and Ranking
Member of—
(1) the Committees on Education and the Workforce and
Veterans’ Affairs of the House of Representatives; and
(2) the Committees on Health, Education, Labor, and Pensions and Veterans’ Affairs of the Senate.
SEC. 8. DEFINITIONS.
In this division:
(a) The term ‘‘employer’’ means any person, institution,
organization, or other entity that pays salary or wages for work
performed or that has control over employee opportunities, except
that such term does not include—
(1) the Federal Government; or
(2) any State government.
(b) The term ‘‘Secretary’’ means the Secretary of Labor.
(c) The term ‘‘veteran’’ has the meaning given such term under
section 101 of title 38, United States Code.
Approved May 5, 2017.
LEGISLATIVE HISTORY—H.R. 244:
CONGRESSIONAL RECORD, Vol. 163 (2017):
Feb. 13, considered and passed House.
Mar. 21, considered and passed Senate, amended.
May 3, House concurred in Senate amendments with an amendment.
May 4, Senate concurred in House amendment.
DAILY COMPILATION OF PRESIDENTIAL DOCUMENTS (2017):
May 5, Presidential statement.
ENDNOTE: The following appendixes were added pursuant to the provisions of section 431
of this Act (131 Stat. 502).
Æ
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PUBLIC LAW 115–31—APPENDIX
131 STAT. 842A–1
TABLE OF CONTENTS
The table of contents is as follows:
APPENDIX A—H.R. 2104
APPENDIX B—S. 131
APPENDIX C—S. 847
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PUBLIC LAW 115–31—APPENDIX A
131 STAT. 842A–3
APPENDIX A—H.R. 2104
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Morley Nelson Snake River
Birds of Prey National Conservation Area Boundary Modification
Act of 2017’’.
SEC. 2. BOUNDARY MODIFICATION, MORLEY NELSON SNAKE RIVER
BIRDS OF PREY NATIONAL CONSERVATION AREA, IDAHO.
(a) DEFINITIONS.—In this section:
(1) CONSERVATION AREA.—The term ‘‘Conservation Area’’
means the Morley Nelson Snake River Birds of Prey National
Conservation Area.
(2) GATEWAY WEST.—The term ‘‘Gateway West’’ means the
high-voltage transmission line project in Idaho and Wyoming
jointly proposed by the entities Idaho Power Company, incorporated in the State of Idaho, and Rocky Mountain Power,
a division of PacifiCorp, an Oregon Corporation.
(3) MAP.—The term ‘‘map’’ means the map titled ‘‘Proposed
Snake River Birds of Prey NCA Boundary Adjustment’’ and
dated October 13, 2016.
(4) SAGE-GROUSE SPECIES.—The term ‘‘sage-grouse species’’
means the greater sage-grouse (Centrocercus urophasianus)
(including all distinct population segments).
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of the Interior.
(b) AREAS TO BE ADDED TO AND REMOVED FROM MORLEY
NELSON SNAKE RIVER BIRDS OF PREY NATIONAL CONSERVATION
AREA.—The boundary of the Conservation Area is hereby modified—
(1) to include—
(A) the approximately 4,726 acres of land generally
depicted as ‘‘BLM Administered Lands’’ on the map, to
the extent such lands are part of the Lower Saylor Creek
Allotment those lands would continue to be managed by
the BLM Jarbidge Field Office until terms of the No. CV–
04–181–S–BLW Stipulated Settlement Agreement are fully
met, after which the lands would be managed by the Morley
Nelson Snake River Birds of Prey National Conservation
Area office; and
(B) the approximately 86 acres of land generally
depicted as ‘‘BOR Administered Lands’’ on the map; and
(2) to exclude—
(A) the approximately 761 acres of land generally
depicted as ‘‘Segment 8 Revised Proposed Route’’ on the
map, including 125 feet on either side of the center line
of the Gateway West Transmission line, the Gateway West
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131 STAT. 842A–4
PUBLIC LAW 115–31—APPENDIX A
Transmission Line shall be sited so that the center line
of Segment 8 is no more than 500 feet from the center
line of the existing Summer Lake Transmission Line as
described in the Summer Lake Transmission Line Right
of Way Grant per FLPMA, IDI–008875; and
(B) the approximately 1,845 acres of land generally
depicted as ‘‘Segment 9 Revised Proposed Route’’ on the
map including 125 feet on either side of the center line
of the Gateway West Transmission line.
(c) RIGHT-OF-WAY AND CONDITIONS.—
(1) RIGHT-OF-WAY.—Notwithstanding any other provision
of law, not later than 90 days after the date of the enactment
of this section, the Secretary shall issue to Gateway West
a right-of-way for the lands described in subsection (b)(2) to
be used for the construction and maintenance of transmission
lines, including access roads and activities related to fire
prevention and suppression. The right-of-way issued under this
paragraph shall contain the conditions described in subsection
(c)(2), and be in alignment with the revised proposed routes
for segments 8 and 9 identified as Alternative 1 in the Supplementary Final Environmental Impact Analysis released October
5, 2016.
(2) CONDITIONS.—The conditions that the Secretary shall
include in the right-of-way described in paragraph (1) shall
be in accordance with section 505 of the Federal Land Policy
and Management Act of 1976 (43 U.S.C. 1765) and are as
follows:
(A) MITIGATION.—During the time of construction of
each respective line segment, Gateway West shall mitigate
for the impacts related to the transmission lines in accordance with the Compensatory Mitigation and Enhancement
framework described in the final Supplemental Environmental Impact Statement with the stipulation that
Compensatory Mitigation and Enhancement costs shall not
exceed $8,543,440.
(B) CONSERVATION.—Gateway West shall contribute
$2,000 per acre of right-of-way in the Conservation Area
during the time of construction of Segment 8 Revised Proposed Route (comprising 761 acres) and during the
construction of Segment 9 Revised Proposed Route (comprising 1,845 acres) to the Bureau of Land Management
Foundation that shall be used for the purpose of conservation, including enhancing National Landscape Conservation
System Units in Idaho, also known as National Conservation Lands.
(C) COSTS.—Gateway West shall pay all costs associated with the boundary modification, including the costs
of any surveys, recording costs, and other reasonable costs.
(D) OTHER.—Standard terms and conditions in accordance with section 505 of the Federal Land Policy and
Management Act of 1976 (43 U.S.C. 1765).
(d) ADMINISTRATION.—The Secretary shall—
(1) administer the lands described in subsection (b)(1) as
part of the Conservation Area in accordance with Public Law
103–64 and as part of the National Landscape Conservation
System; and
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PUBLIC LAW 115–31—APPENDIX A
131 STAT. 842A–5
(2) continue to administer lands described in subsection
(b)(2), but as lands that are not included in a Conservation
Area or subject to Public Law 103–64.
(e) TRANSFER OF ADMINISTRATIVE JURISDICTION.—Administrative jurisdiction over the approximately 86 acres of land depicted
as ‘‘BOR Administered Lands’’ on the map is hereby transferred
from the Bureau of Reclamation to the Bureau of Land Management.
(f) AVAILABILITY OF MAP.—The map shall be on file and available for public inspection in the appropriate offices of the Bureau
of Land Management.
(g) MANAGEMENT PLAN AMENDMENT.—Not later than 18 months
after the date of the enactment of this Act, the Secretary shall
amend the management plan for the Conservation Area to address
the long-term management of the lands described in subsection
(b)(1) in order to—
(1) determine appropriate management activities and uses
of the lands described in subsection (b)(1) consistent with Public
Law 103–64 and this section;
(2) continue managing the grazing of livestock on the lands
described in subsection (b)(1) in which grazing is established
as of the date of the enactment of this section such that the
grazing shall be allowed to continue, subject to such reasonable
regulations, policies, and practices that the Secretary considers
necessary;
(3) allow motorized access on roads existing on the lands
described in subsection (b)(1) on the date of the enactment
of this section, subject to such reasonable regulations, policies,
and practices that the Secretary considers necessary; and
(4) allow hunting and fishing on the lands described in
subsection (b)(1) consistent with applicable laws and regulations.
SEC. 3. COTTEREL WIND POWER PROJECT.
The approximately 203 acres of Federal land identified as
‘‘Project Area’’ on the map titled ‘‘Cotterel Wind Power Project’’
and dated March 1, 2006, may not be used for the production
of electricity from wind.
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PUBLIC LAW 115–31—APPENDIX B
131 STAT. 842A–7
APPENDIX B—S. 131
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Alaska Mental Health Trust
Land Exchange Act of 2017’’.
SEC. 2. PURPOSE.
The purpose of this Act is to facilitate and expedite the
exchange of land between the Alaska Mental Health Trust and
the Secretary of Agriculture in accordance with this Act—
(1) to secure Federal ownership and protection of nonFederal land in the State of Alaska that has significant natural,
scenic, watershed, recreational, wildlife, and other public values
by—
(A) retaining the undeveloped natural character of the
non-Federal land; and
(B) preserving recreational trails for hiking, biking,
and skiing;
(2) to create jobs and provide economic opportunities for
resource use in more remote areas of the State; and
(3) to facilitate the goals and objectives of the Alaska
Mental Health Trust.
SEC. 3. DEFINITIONS.
In this Act:
(1) ALASKA MENTAL HEALTH TRUST.—The term ‘‘Alaska
Mental Health Trust’’ means the Alaska Mental Health Trust
Authority, an agency of the State.
(2) FEDERAL LAND.—The term ‘‘Federal land’’ means the
following 7 parcels of National Forest System land, as generally
depicted on maps 7 through 9, comprising a total of approximately 20,580 acres:
(A) The parcel generally depicted as ‘‘Naukati Phase
1’’ on map 8, comprising approximately 2,400 acres.
(B) The parcel generally depicted as ‘‘West Naukati’’
on map 8, comprising approximately 4,182 acres.
(C) The parcel generally depicted as ‘‘North Naukati’’
on map 8, comprising approximately 1,311 acres.
(D) The parcel generally depicted as ‘‘East Naukati/
2016 Naukati addition’’ on map 8, comprising approximately 1,067 acres.
(E) The parcel generally depicted as ‘‘Central Naukati’’
on map 8, comprising approximately 1,858 acres.
(F) The parcel generally depicted as ‘‘Hollis’’ on map
9, comprising approximately 1,538 acres.
(G) The parcel generally depicted as ‘‘Shelter Cove
Area’’ on map 7, comprising approximately 8,224 acres.
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PUBLIC LAW 115–31—APPENDIX B
(3) MAP.—The term ‘‘map’’ means the applicable map prepared by the Alaska Region of the Forest Service to accompany
this Act—
(A) numbered 1, 2, 3, 4, 5, 6, 7, 8, or 9 and dated
March 3, 2017; or
(B) numbered 10 and dated March 9, 2017.
(4) NON-FEDERAL LAND.—The term ‘‘non-Federal land’’
means the following 20 parcels of non-Federal land, as generally
depicted on maps 1 through 6 and map 10, comprising a total
of approximately 18,258 acres:
(A) The parcel generally depicted as parcel K–1 on
map 1, comprising approximately 1,878 acres.
(B) The parcel generally depicted as parcel K–2 on
map 1, comprising approximately 707 acres.
(C) The parcel generally depicted as parcel K–3 on
map 1, comprising approximately 901 acres, including the
12-acre conservation easement described in section 4(e)(1).
(D) The parcel generally depicted as parcel K–4A on
map 1, comprising approximately 3,180 acres.
(E) The parcel generally depicted as parcel P–1A on
map 2, comprising approximately 3,174 acres, including
the administrative site described in section 5(c).
(F) The parcel generally depicted as parcel P–1B on
map 2, comprising approximately 144 acres.
(G) The parcel generally depicted as parcel P–2B on
map 2, comprising approximately 181 acres.
(H) The parcel generally depicted as parcel P–3B on
map 2, comprising approximately 92 acres.
(I) The parcel generally depicted as parcel P–4 on
map 2, comprising approximately 280 acres.
(J) The parcel generally depicted as parcel W–1 on
map 3, comprising approximately 204 acres.
(K) The parcel generally depicted as parcel W–2 on
map 3, comprising approximately 104 acres.
(L) The parcel generally depicted as parcel W–3 on
map 3, comprising approximately 63 acres.
(M) The parcel generally depicted as parcel W–4 on
map 3, comprising approximately 700 acres.
(N) The parcel generally depicted as parcel S–2 on
map 4, comprising approximately 284 acres.
(O) The parcel generally depicted as parcel S–3 on
map 4, comprising approximately 109 acres.
(P) The parcel generally depicted as parcel S–4 on
map 4, comprising approximately 26 acres.
(Q) The parcel generally depicted as parcel MC–1 on
map 5, comprising approximately 169 acres.
(R) The parcel generally depicted as parcel J–1B on
map 6, comprising approximately 2,261 acres.
(S) The parcel generally depicted as parcel J–1A on
map 6, comprising approximately 428 acres.
(T) The parcel generally depicted as parcel NB-1 on
map 10, comprising approximately 3,374 acres.
(5) SECRETARY.—The term ‘‘Secretary’’ means the Secretary
of Agriculture.
(6) STATE.—The term ‘‘State’’ means the State of Alaska.
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PUBLIC LAW 115–31—APPENDIX B
131 STAT. 842A–9
SEC. 4. LAND EXCHANGE.
(a) IN GENERAL.—If the Alaska Mental Health Trust offers
to convey to the Secretary, in the 2 phases described in subsection
(n), all right, title, and interest of the Alaska Mental Health Trust
in and to the non-Federal land, the Secretary shall—
(1) accept the offer; and
(2) offer to exchange with the Alaska Mental Health Trust,
in the 2 phases described in subsection (n), all right, title,
and interest of the United States in and to the Federal land.
(b) CONDITION ON ACCEPTANCE.—Title to any non-Federal land
conveyed by the Alaska Mental Health Trust to the Secretary
under subsection (a) shall be in a form that is acceptable to the
Secretary.
(c) VALID EXISTING RIGHTS.—The conveyances under subsection
(a) shall be subject to any valid existing rights, reservations, rightsof-way, or other encumbrances of third parties in, to, or on the
Federal land and the non-Federal land as of the date of enactment
of this Act.
(d) RECIPROCAL ROAD EASEMENTS.—
(1) IN GENERAL.—The Secretary and the Alaska Mental
Health Trust shall exchange at no cost reciprocal easements
on existing roads as necessary to access the parcels each party
acquires in the exchange.
(2) PUBLIC ACCESS.—The reciprocal easements exchanged
under paragraph (1) shall provide for public access.
(3) COST-SHARE AGREEMENT.—The Secretary and the
Alaska Mental Health Trust may enter into a separate costshare agreement to cover the cost of road maintenance with
respect to the reciprocal easements exchanged under paragraph
(1).
(e) K–3 PARCEL LANDFILL BUFFER.—
(1) IN GENERAL.—As a condition of the exchange under
subsection (a), in conveying the parcel of non-Federal land
described in section 3(4)(C) to the United States, the Alaska
Mental Health Trust shall grant to the United States a 300foot conservation easement abutting that parcel along the interface of the parcel and the City of Ketchikan landfill (as in
existence on the date of enactment of this Act), as generally
depicted on map 1.
(2) DEVELOPMENT AND OWNERSHIP.—The conservation easement described in paragraph (1) shall provide that the land
covered by the easement remains undeveloped and in the
ownership of the Alaska Mental Health Trust.
(3) EQUALIZATION.—The value of the conservation easement
described in paragraph (1) shall be included in the value of
the non-Federal land for purposes of equalizing the values
of the Federal land and the non-Federal land under subsection
(j).
(f) RESEARCH EASEMENTS.—
(1) IN GENERAL.—In order to allow time for the completion
of research activities of the Forest Service that are ongoing
as of the date of enactment of this Act, in conveying the
Federal land to the Alaska Mental Health Trust under subsection (a), the Secretary shall reserve research easements for
the following Forest Service study plots (as in existence on
the date of enactment of this Act):
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131 STAT. 842A–10
PUBLIC LAW 115–31—APPENDIX B
(A) The Sarkar research easement study plot on the
parcel of Federal land described in section 3(2)(B), as generally depicted on map 8, to remain in effect for the 10year period beginning on the date of enactment of this
Act.
(B) The Naukati commercial thinning study plot on
the parcel of Federal land described in section 3(2)(B),
as generally depicted on map 8, to remain in effect for
the 15-year period beginning on the date of enactment
of this Act.
(C) The POW Yatuk study plot on the parcel of Federal
land described in section 3(2)(A), as generally depicted
on map 8, to remain in effect for the 10-year period beginning on the date of enactment of this Act.
(D) The POW Naukati study plot on the parcel of
Federal land described in section 3(2)(D), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(E) The Revilla George study plot on the parcel of
Federal land described in section 3(2)(G), as generally
depicted on map 8, to remain in effect for the 10-year
period beginning on the date of enactment of this Act.
(2) PROHIBITED ACTIVITIES.—The Alaska Mental Health
Trust shall not construct any new road or harvest timber on
any study plot covered by a research easement described in
paragraph (1) during the period described in subparagraph
(A), (B), (C), (D), or (E) of that paragraph, as applicable.
(g) AREA OF KARST CONCERN.—
(1) IN GENERAL.—In conveying the parcels of Federal land
described in subparagraphs (A) and (D) of section 3(2) to the
Alaska Mental Health Trust under subsection (a), the Secretary
shall reserve to the United States a conservation easement
that shall protect the aquatic and riparian habitat within the
area labeled ‘‘Conservation Easement’’, as generally depicted
on map 8.
(2) PROHIBITED ACTIVITIES.—The conservation easement
described in paragraph (1) shall prohibit within the area covered by the conservation easement—
(A) new road construction and timber harvest within
100 feet of any anadromous water bodies (including underground water bodies); and
(B) commercial mineral extraction.
(h) COMPLIANCE WITH APPLICABLE LAW.—Prior to completing
each phase of the land exchange described in subsection (n), the
Secretary shall complete, for the land to be conveyed in the
applicable phase, any necessary land surveys and required
preexchange clearances, reviews, mitigation activities, and
approvals relating to—
(1) threatened and endangered species;
(2) cultural and historic resources;
(3) wetland and floodplains; and
(4) hazardous materials.
(i) APPRAISALS.—
(1) IN GENERAL.—Not later than 90 days after the date
of enactment of this Act—
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PUBLIC LAW 115–31—APPENDIX B
131 STAT. 842A–11
(A) the Secretary and the Alaska Mental Health Trust
shall select an appraiser to conduct appraisals of the Federal land and the non-Federal land; and
(B) the Secretary shall issue all appraisal instructions
for those appraisals.
(2) REQUIREMENTS.—
(A) IN GENERAL.—All appraisals under paragraph (1)
shall be conducted in accordance with nationally recognized
appraisal standards, including—
(i) the Uniform Appraisal Standards for Federal
Land Acquisitions; and
(ii) the Uniform Standards of Professional
Appraisal Practice.
(B) FINAL APPRAISED VALUE.—
(i) IN GENERAL.—During the 3-year period beginning on the date on which the final appraised values
of the Federal land and the non-Federal land for each
phase of the exchange described in subsection (n) are
approved by the Secretary, the Secretary shall not
be required to reappraise or update the final appraised
values of the Federal land and the non-Federal land.
(ii) EXCHANGE AGREEMENT.—After the date on
which an agreement to exchange the Federal land and
non-Federal is entered into under this Act, no
reappraisal or updates to the final appraised values
of the Federal land and the non-Federal land approved
by the Secretary shall be required.
(3) PUBLIC REVIEW.—Before completing each phase of the
land exchange described in subsection (n), the Secretary shall
make available for public review summaries of the appraisals
of the Federal land and the non-Federal land for the applicable
phase.
(j) EQUAL VALUE LAND EXCHANGE.—
(1) IN GENERAL.—The value of the Federal land and the
non-Federal land to be exchanged under subsection (a) shall
be—
(A) equal; or
(B) equalized in accordance with this subsection.
(2) SURPLUS OF FEDERAL LAND VALUE.—
(A) IN GENERAL.—If the final appraised value of the
Federal land exceeds the final appraised value of the nonFederal land in phase 2 of the exchange (after applying
any cash equalization credit or debit from phase 1 of the
exchange under subsection (n)(2)), the Federal land shall
be adjusted by removing 1 or more parcels, or 1 or more
portions of parcels, as determined by the Alaska Mental
Health Trust, with the concurrence of the Secretary, in
accordance with subparagraph (B) until, to the maximum
extent practicable, approximate equal value of the Federal
land and non-Federal land is achieved.
(B) ORDER OF PRIORITY.—The parcels of Federal land
shall be removed under subparagraph (A) in the reverse
order in which the parcels are listed in section 3(2), beginning with subparagraph (G).
(3) SURPLUS OF NON-FEDERAL LAND VALUE.—
(A) IN GENERAL.—If the final appraised value of the
non-Federal land exceeds the final appraised value of the
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131 STAT. 842A–12
PUBLIC LAW 115–31—APPENDIX B
Federal land in phase 2 of the exchange (after applying
any cash equalization credit or debit from phase 1 of the
exchange under subsection (n)(2)), the non-Federal land
shall be adjusted by removing 1 or more parcels, or 1
or more portions of parcels, as determined by the Alaska
Mental Health Trust, with the concurrence of the Secretary,
in accordance with subparagraph (B) until, to the maximum
extent practicable, approximate equal value of the Federal
land and non-Federal land is achieved.
(B) ORDER OF PRIORITY.—The parcels of non-Federal
land shall be removed under subparagraph (A) in the
reverse order in which the parcels are listed in section
3(4), beginning with subparagraph (T).
(C) WAIVER OF CASH EQUALIZATION.—In order to expedite completion of the exchange, if the values of the Federal
land and the non-Federal land cannot be equalized under
this paragraph, the Alaska Mental Health Trust may, at
its sole discretion, elect to waive any cash equalization
payment that would otherwise be due from the United
States under paragraph (4).
(4) REMAINING DIFFERENCE.—Any remaining difference in
value after adjusting the Federal land or non-Federal land
under paragraph (2)(A) or (3)(A), respectively, shall be equalized
by—
(A) removal of a portion of a parcel of the Federal
land or the non-Federal land, as applicable, as determined
by the Alaska Mental Health Trust, with the concurrence
of the Secretary;
(B) the payment of a cash equalization, as necessary,
by the Secretary or the Alaska Mental Health Trust, as
appropriate, in accordance with section 206(b) of the Federal Land Policy and Management Act of 1976 (43 U.S.C.
1716(b)); or
(C) a combination of the methods described in subparagraphs (A) and (B), as determined by the Alaska Mental
Health Trust, with the concurrence of the Secretary.
(k) COSTS.—As a condition of the land exchange under this
Act, the Alaska Mental Health Trust shall agree to pay, without
compensation, all costs that are associated with each phase of
the exchange described in subsection (n), including—
(1) all costs to complete the land surveys, appraisals, and
environmental reviews described in subsection (h) such that
the exchange may be completed in accordance with the deadlines described in subsection (n); and
(2) on request of the Secretary, reimbursement of costs
for agency staff, additional agency staff, or third-party contractors appropriate such that the exchange may be completed
in accordance with the deadlines described in subsection (n).
(l) LAND SURVEYS, APPROVALS, USES.—
(1) SURVEY INSTRUCTIONS.—Not later than 90 days after
the date of enactment of this Act, the Secretary of the Interior
shall issue survey instructions to assist in the timely completion
of all land surveys necessary to complete the land exchange
under subsection (a) in accordance with the deadlines described
in subsection (n).
(2) SURVEYS.—Unless otherwise agreed to by the Secretary
and the Alaska Mental Health Trust, after consultation with
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PUBLIC LAW 115–31—APPENDIX B
131 STAT. 842A–13
the Secretary of the Interior, land surveys shall not be required
for—
(A) any portion of the boundaries of the non-Federal
land that is contiguous to—
(i) National Forest System land, as in existence
on the date of enactment of this Act; or
(ii) land that has been surveyed or lotted as of
the date of enactment of this Act;
(B) any portion of the boundaries of the Federal land
that is contiguous to—
(i) land owned as of the date of enactment of
this Act by—
(I) the Alaska Mental Health Trust; or
(II) the State; or
(ii) land that has been surveyed or lotted as of
the date of enactment of this Act;
(C) any portion of the boundaries that the Secretary
and the Alaska Mental Health Trust agree, after consultation with the Secretary of the Interior, is adequately
defined by a survey, mapping, or aliquot part, or other
legal description; and
(D) any portion of the boundaries of the non-Federal
land that—
(i) the United States tentatively conveyed to the
State without survey;
(ii) is being reconveyed to the United States in
the land exchange under subsection (a); and
(iii) is not surveyed as of the date of enactment
of this Act.
(m) PARCEL ADJUSTMENT.—If a portion of a parcel of the Federal land or the non-Federal land to be conveyed under subsection
(a) cannot be conveyed due to the presence of hazardous materials—
(1) the portion shall be removed from the exchange; and
(2) the final exchange values shall be equalized in accordance with subsection (j).
(n) LAND EXCHANGE PHASES.—
(1) IN GENERAL.—The land exchange under subsection (a)
shall be completed in 2 phases, as specifically described in
paragraphs (2) and (3).
(2) PHASE 1.—
(A) IN GENERAL.—Subject to subparagraph (B), not
later than 1 year after the date of enactment of this Act—
(i) the Secretary shall convey to the Alaska Mental
Health Trust the parcel of Federal land described in
section 3(2)(A); and
(ii) the Alaska Mental Health Trust shall simultaneously convey to the United States the parcels of
non-Federal land described in subparagraphs (A) and
(B) of section 3(4).
(B) CONDITIONS.—Subparagraph (A) shall be subject
to the following conditions:
(i) The land conveyed under this subparagraph
shall be appraised—
(I) separately from the land described in paragraph (3); but
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131 STAT. 842A–14
PUBLIC LAW 115–31—APPENDIX B
(II) in accordance with the nationally recognized appraisal standards described in subsection
(i)(2)(A).
(ii) Any cash equalization payment that would
otherwise be necessary to be paid by the Secretary
or the Alaska Mental Health Trust on the completion
of the conveyance under this paragraph shall be—
(I) deferred until the completion of the conveyance under paragraph (3); and
(II) debited or credited, as appropriate, to any
final land or cash equalization that may be due
from either party on the completion of the conveyance under paragraph (3).
(3) PHASE 2.—Subject to subsection (j), not later than 2
years after the date of enactment of this Act—
(A) the Secretary shall convey to the Alaska Mental
Health Trust the Federal land described in subparagraphs
(B) through (G) of section 3(2); and
(B) the Alaska Mental Health Trust shall simultaneously convey to the United States the non-Federal land
described in subparagraphs (C) through (T) of section 3(4).
SEC. 5. USE OF THE FEDERAL LAND AND NON-FEDERAL LAND.
(a) FEDERAL LAND CONVEYED TO THE ALASKA MENTAL HEALTH
TRUST.—On conveyance of the Federal land to the Alaska Mental
Health Trust under this Act, the Federal land shall—
(1) become the property of the Alaska Mental Health Trust;
and
(2) be available for any use permitted under applicable
law (including regulations).
(b) NON-FEDERAL LAND ACQUIRED BY THE SECRETARY.—
(1) IN GENERAL.—On acquisition of the non-Federal land
by the Secretary under this Act, the non-Federal land shall—
(A) become part of the Tongass National Forest;
(B) be administered in accordance with the laws
applicable to the National Forest System; and
(C) be managed—
(i) to preserve—
(I) the undeveloped natural character of the
non-Federal land, except as provided in paragraph
(3); and
(II) the wildlife, watershed, and scenic values
of the non-Federal land; and
(ii) to provide for recreational opportunities consistent with the purposes and values of the non-Federal
land to be preserved under clause (i), including the
development or maintenance of recreational trails as
described in paragraph (3).
(2) BOUNDARY REVISION.—On acquisition of the non-Federal
land by the Secretary under this Act, the boundaries of the
Tongass National Forest shall be modified to reflect the inclusion of the non-Federal land.
(3) RECREATIONAL TRAILS.—Nothing in this subsection precludes the development or maintenance of recreational trails
for hiking, biking, or skiing.
(c) ADMINISTRATIVE SITE.—On acquisition of the parcel of nonFederal land described in section 3(4)(E), the Secretary shall set
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PUBLIC LAW 115–31—APPENDIX B
131 STAT. 842A–15
aside 42 acres of the parcel, in the location generally depicted
on map 2, as an administrative site for purposes of the future
administrative needs of the Tongass National Forest.
SEC. 6. WITHDRAWAL.
Subject to valid existing rights, the non-Federal land acquired
by the Secretary under this Act shall be withdrawn from all forms
of—
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws;
and
(3) disposition under the mineral leasing, mineral materials, and geothermal leasing laws.
SEC. 7. MISCELLANEOUS PROVISIONS.
(a) REVOCATION OF ORDERS; WITHDRAWAL.—
(1) REVOCATION OF ORDERS.—Any public land order or
administrative action that withdraws the Federal land from
appropriation or disposal under a public land law shall be
revoked to the extent necessary to permit the conveyance of
the Federal land.
(2) WITHDRAWAL.—
(A) IN GENERAL.—If the Federal land or any Federal
interest in the non-Federal land is not withdrawn or segregated from entry and appropriation under a public land
law (including logging and mineral leasing laws and the
Geothermal Steam Act of 1970 (30 U.S.C. 1001 et seq.))
as of the date of enactment of this Act, the Federal land
or Federal interest in the non-Federal land shall be withdrawn, without further action by the Secretary, from entry
and appropriation.
(B) TERMINATION.—The withdrawal under subparagraph (A) shall be terminated—
(i) on the date of the completion of the phase
of the land exchange described in section 4(n) covering
the applicable Federal land; or
(ii) if the Alaska Mental Health Trust notifies the
Secretary in writing that the Alaska Mental Health
Trust elects to withdraw from the land exchange under
section 206(d) of the Federal Land Policy and Management Act of 1976 (43 U.S.C. 1716(d)), on the date
on which the Secretary receives the notice of the election.
(b) MAPS, ESTIMATES, DESCRIPTIONS.—
(1) MINOR ERRORS.—The Secretary and the Alaska Mental
Health Trust, by mutual agreement, may correct minor errors
in any map, acreage estimate, or description of any land conveyed or exchanged under this Act.
(2) CONFLICT.—If there is a conflict between a map, acreage
estimate, or description of land in this Act, the map shall
be given effect unless the Secretary and the Alaska Mental
Health Trust mutually agree otherwise.
(3) AVAILABILITY.—On the date of enactment of this Act,
the Secretary shall file and make available for public inspection
in the office of the Supervisor of the Tongass National Forest
each map.
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PUBLIC LAW 115–31—APPENDIX C
131 STAT. 842A–17
APPENDIX C—S. 847
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) SHORT TITLE.—This Act may be cited as the ‘‘Women’s
Suffrage Centennial Commission Act’’.
(b) TABLE OF CONTENTS.—The table of contents for this Act
is as follows:
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
Sec.
1.
2.
3.
4.
5.
6.
7.
8.
Short title; table of contents.
Findings.
Establishment of Women’s Suffrage Centennial Commission.
Duties of Centennial Commission.
Powers of Centennial Commission.
Centennial Commission personnel matters.
Termination of Centennial Commission.
Authorization of appropriations.
SEC. 2. FINDINGS.
Congress finds the following:
(1) From 1919 to 1920, the Sixty-Sixth United States Congress debated, and State legislatures considered, an amendment
to the Constitution of the United States to provide suffrage
for women.
(2) A proposed women’s suffrage amendment was first
introduced in the United States Senate in 1878 and was brought
to a vote, unsuccessfully, in 1887, 1914, 1918, and 1919. Finally,
on May 21, 1919, the House of Representatives approved a
proposed amendment, followed by the Senate a few weeks later
on June 4. Within days, the legislatures of Wisconsin, Illinois,
and Michigan had voted to ratify the amendment.
(3) On August 18, 1920, Tennessee became the 36th State
to ratify the amendment, providing the support of three-fourths
of States necessary under article V of the Constitution of the
United States.
(4) The introduction, passage, and ultimate ratification of
the 19th Amendment to the Constitution of the United States
were the culmination of decades of work and struggle by advocates for the rights of women across the United States and
worldwide.
(5) Ratification of the 19th Amendment ensured women
could more fully participate in their democracy and fundamentally changed the role of women in the civic life of our Nation.
(6) The centennial offers an opportunity for people in the
United States to learn about and commemorate the efforts
of the women’s suffrage movement and the role of women
in our democracy.
(7) Commemorative programs, activities, and sites allow
people in the United States to learn about the women’s suffrage
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131 STAT. 842A–18
PUBLIC LAW 115–31—APPENDIX C
movement and to commemorate and honor the role of the
ratification of the 19th Amendment in further fulfilling the
promise of the Constitution of the United States and promoting
the core values of our democracy.
SEC.
3.
ESTABLISHMENT
COMMISSION.
OF
WOMEN’S
SUFFRAGE
CENTENNIAL
(a) ESTABLISHMENT.—There is established a commission to be
known as the ‘‘Women’s Suffrage Centennial Commission’’ (referred
to in this Act as the ‘‘Centennial Commission’’).
(b) MEMBERSHIP.—
(1) The Centennial Commission shall be composed of 14
members, of whom—
(A) 2 shall be appointed by the President;
(B) 2 shall be appointed by the Speaker of the House
of Representatives;
(C) 2 shall be appointed by the minority leader of
the House of Representatives;
(D) 2 shall be appointed by the majority leader of
the Senate;
(E) 2 shall be appointed by the minority leader of
the Senate;
(F) 1 shall be the Librarian of Congress, or the designee
of the Librarian;
(G) 1 shall be the Archivist of the United States, or
the designee of the Archivist;
(H) 1 shall be the Secretary of the Smithsonian Institution, or the designee of the Secretary; and
(I) 1 shall be the Director of the National Park Service,
or the designee of the Director.
(2) PERSONS ELIGIBLE.—
(A) IN GENERAL.—The members of the Commission
shall be individuals who have knowledge or expertise,
whether by experience or training, in matters to be studied
by the Commission. The members may be from the public
or private sector, and may include Federal, State, or local
employees, former Members of Congress, members of academia, nonprofit organizations, or industry, or other
interested individuals.
(B) DIVERSITY.—It is the intent of Congress that persons appointed to the Commission under paragraph (1)
be persons who represent diverse economic, professional,
and cultural backgrounds.
(3) CONSULTATION AND APPOINTMENT.—
(A) IN GENERAL.—The President, Speaker of the House
of Representatives, minority leader of the House of Representatives, majority leader of the Senate, and minority
leader of the Senate shall consult among themselves before
appointing the members of the Commission in order to
achieve, to the maximum extent practicable, fair and equitable representation of various points of view with respect
to the matters to be studied by the Commission.
(B) COMPLETION OF APPOINTMENTS; VACANCIES.—The
President, Speaker of the House of Representatives,
minority leader of the House of Representatives, majority
leader of the Senate, and minority leader of the Senate
shall conduct the consultation under subparagraph (A) and
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PUBLIC LAW 115–31—APPENDIX C
131 STAT. 842A–19
make their respective appointments not later than 60 days
after the date of enactment of this Act.
(4) VACANCIES.—A vacancy in the membership of the
Commission shall not affect the powers of the Commission
and shall be filled in the same manner as the original appointment not later than 30 days after the vacancy occurs.
(c) MEETINGS.—
(1) INITIAL MEETING.—Not later than 30 days after the
date on which all members of the Centennial Commission have
been appointed, the Centennial Commission shall hold its first
meeting.
(2) SUBSEQUENT MEETINGS.—
(A) IN GENERAL.—The Centennial Commission shall
meet at the call of the Chair.
(B) FREQUENCY.—The Chair shall call a meeting of
the members of the Centennial Commission not less frequently than once every 6 months.
(3) QUORUM.—Seven members of the Centennial Commission shall constitute a quorum, but a lesser number may hold
hearings.
(4) CHAIR AND VICE CHAIR.—The Centennial Commission
shall select a Chair and Vice Chair from among its members.
SEC. 4. DUTIES OF CENTENNIAL COMMISSION.
(a) IN GENERAL.—The duties of the Centennial Commission
are as follows:
(1) To encourage, plan, develop, and execute programs,
projects, and activities to commemorate the centennial of the
passage and ratification of the 19th Amendment.
(2) To encourage private organizations and State and local
governments to organize and participate in activities commemorating the centennial of the passage and ratification of the
19th Amendment.
(3) To facilitate and coordinate activities throughout the
United States relating to the centennial of the passage and
ratification of the 19th Amendment.
(4) To serve as a clearinghouse for the collection and
dissemination of information about events and plans for the
centennial of the passage and ratification of the 19th Amendment.
(5) To develop recommendations for Congress and the President for commemorating the centennial of the passage and
ratification of the 19th Amendment.
(b) CONSULTATION.—In conducting its work, the Centennial
Commission shall consult the Historian of the Senate and the
Historian of the House of Representatives when appropriate.
(c) REPORTS.—
(1) PERIODIC REPORT.—Not later than the last day of the
6-month period beginning on the date of the enactment of
this Act, and not later than the last day of each 3-month
period thereafter, the Centennial Commission shall submit to
Congress and the President a report on the activities and
plans of the Centennial Commission.
(2) RECOMMENDATIONS.—Not later than 2 years after the
date of the enactment of this Act, the Centennial Commission
shall submit to Congress and the President a report containing
specific recommendations for commemorating the centennial
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131 STAT. 842A–20
PUBLIC LAW 115–31—APPENDIX C
of the passage and ratification of the 19th Amendment and
coordinating related activities.
SEC. 5. POWERS OF CENTENNIAL COMMISSION.
(a) HEARINGS.—The Centennial Commission may hold such
hearings, sit and act at such times and places, take such testimony,
and receive such evidence as the Centennial Commission considers
appropriate to carry out its duties under this Act.
(b) POWERS OF MEMBER AND AGENTS.—If authorized by the
Centennial Commission, any member or agent of the Centennial
Commission may take any action which the Centennial Commission
is authorized to take under this Act.
(c) INFORMATION FROM FEDERAL AGENCIES.—The Centennial
Commission shall secure directly from any Federal department
or agency such information as the Centennial Commission considers
necessary to carry out the provisions of this Act. Upon the request
of the Chair of the Centennial Commission, the head of such department or agency shall furnish such information to the Centennial
Commission.
(d) ADMINISTRATIVE SUPPORT SERVICES.—Upon the request of
the Centennial Commission, the Administrator of the General Services Administration shall provide to the Centennial Commission,
on a reimbursable basis, the administrative support services necessary for the Centennial Commission to carry out its responsibilities under this Act.
(e) CONTRACT AUTHORITY.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
Centennial Commission is authorized—
(A) to procure supplies, services, and property; and
(B) to make or enter into contracts, leases, or other
legal agreements.
(2) LIMITATION.—The Centennial Commission may not
enter into any contract, lease, or other legal agreement that
extends beyond the date of the termination of the Centennial
Commission under section 7(a).
(f) POSTAL SERVICES.—The Centennial Commission may use
the United States mails in the same manner and under the same
conditions as other departments and agencies of the Federal Government.
(g) GIFTS, BEQUESTS, AND DEVISES.—The Centennial Commission is authorized to solicit, accept, use, and dispose of gifts,
bequests, or devises of money, services, or property, both real and
personal, for the purpose of covering the costs incurred by the
Centennial Commission to carry out its duties under this Act.
(h) GRANTS.—The Centennial Commission is authorized to
award grants to States and the District of Columbia to support
programs and activities related to commemorating the centennial
of the passage and ratification of the 19th Amendment.
SEC. 6. CENTENNIAL COMMISSION PERSONNEL MATTERS.
(a) COMPENSATION OF MEMBERS.—Members of the Centennial
Commission shall serve without compensation for such service.
(b) TRAVEL EXPENSES.—Each member of the Centennial
Commission shall be allowed travel expenses, including per diem
in lieu of subsistence, in accordance with the applicable provisions
of title 5, United States Code.
(c) STAFF.—
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PUBLIC LAW 115–31—APPENDIX C
131 STAT. 842A–21
(1) IN GENERAL.—The Chair of the Centennial Commission
shall, in consultation with the members of the Centennial
Commission, appoint an executive director and such other additional personnel as may be necessary to enable the Centennial
Commission to perform its duties.
(2) COMPENSATION.—
(A) IN GENERAL.—Subject to subparagraph (B), the
Chair of the Centennial Commission may fix the compensation of the executive director and any other personnel
appointed under paragraph (1).
(B) LIMITATION.—The Chair of the Centennial Commission may not fix the compensation of the executive director
or other personnel appointed under paragraph (1) at a
rate that exceeds the rate payable for level IV of the
Executive Schedule under section 5315 of title 5, United
States Code.
(d) DETAIL OF GOVERNMENT EMPLOYEES.—Upon request of the
Centennial Commission, the head of any Federal department or
agency may detail, on a reimbursable basis, any employee of that
department or agency to the Centennial Commission to assist it
in carrying out its duties under this Act.
(e) PROCUREMENT OF TEMPORARY AND INTERMITTENT SERVICES.—The Chair of the Centennial Commission may procure temporary and intermittent services under section 3109(b) of title 5,
United States Code.
(f) ACCEPTANCE OF VOLUNTARY SERVICES.—Notwithstanding
section 1342 of title 31, United States Code, the Centennial Commission may accept and use voluntary and uncompensated services
as the Centennial Commission deems necessary.
SEC. 7. TERMINATION OF CENTENNIAL COMMISSION.
(a) IN GENERAL.—The Centennial Commission shall terminate
on the earlier of—
(1) the date that is 30 days after the date the completion
of the activities under this Act honoring the centennial observation of the passage and ratification of the 19th Amendment;
or
(2) April 15, 2021.
(b) APPLICATION OF FEDERAL ADVISORY COMMITTEE ACT.—
(1) IN GENERAL.—Except as provided in paragraph (2), the
provisions of the Federal Advisory Committee Act (5 U.S.C.
App.) shall apply to the activities of the Centennial Commission
under this Act.
(2) EXCEPTION.—Section 14(a)(2) of such Act (5 U.S.C. App.)
shall not apply to the Centennial Commission.
SEC. 8. AUTHORIZATION OF APPROPRIATIONS.
(a) IN GENERAL.—There are authorized to be appropriated to
carry out this Act such sums as may be necessary for the period
of fiscal years 2017 through 2021.
(b) AMOUNTS AVAILABLE.—Amounts appropriated in accordance
with this section for any fiscal year shall remain available until
the termination of the Centennial Commission.
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PL031APP
| File Type | application/pdf |
| File Title | E:\PUBLAW\PUBL031.115 |
| File Modified | 2017-12-21 |
| File Created | 2017-11-17 |