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PUBLIC 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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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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PUBL031

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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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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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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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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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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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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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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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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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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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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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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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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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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approval.

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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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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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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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(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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Time period.

Notifications.
Time periods.

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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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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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News story.
Notification.

Time period.
Reimbursement.

Deadline.
Spending plan.
Fees.

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Loans.

Contracts.

Loans.
Notification.
Time period.

Notification.
Transfer
approval.

Water.
Determination.
Time period.

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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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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.

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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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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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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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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.

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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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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.

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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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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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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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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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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.

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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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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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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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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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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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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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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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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.

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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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$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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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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PUBLIC LAW 115–31—MAY 5, 2017

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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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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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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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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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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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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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.

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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.

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Notification.
Deadline.

Labeling.
Contracts.

Definition.
Deadlines.
Reports.

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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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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.

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131 STAT. 222
Public
information.
Web posting.

Grants.
Contracts.
Certification.

Effective date.
Consultation.
Determination.

Reviews.

Consultation.

Consultations.

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(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.

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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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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.

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131 STAT. 226

Khalid Sheikh
Mohammed.
Detainees.
Cuba.

Detainees.
Cuba.

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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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(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.

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131 STAT. 228

Contracts.

Reports.
China.

States.
Marijuana.

Poverty.

Definition.

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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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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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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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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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131 STAT. 232

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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131 STAT. 234

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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131 STAT. 238

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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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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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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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.

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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.

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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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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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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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131 STAT. 254

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.

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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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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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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.

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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.

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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.

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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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(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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(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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131 STAT. 274

Iraq.

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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
on TerBudget

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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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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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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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PUBLIC LAW 115–31—MAY 5, 2017

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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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131 STAT. 284

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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PUBLIC LAW 115–31—MAY 5, 2017

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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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Deadline.
Assessment.

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131 STAT. 286

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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Notification.

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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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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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131 STAT. 290

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.

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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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PUBLIC LAW 115–31—MAY 5, 2017

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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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PUBLIC LAW 115–31—MAY 5, 2017

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.

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131 STAT. 296

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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PUBLIC LAW 115–31—MAY 5, 2017

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.

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131 STAT. 300

Deadline.
President.
Reports.
Strategy.
Iraq.

Estimate.

Assessment.

Deadlines.
Progress update.

Definition.

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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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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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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.

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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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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.

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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.

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131 STAT. 320

Deadlines.
Reports.

Contracts.

Waiver authority.

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(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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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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(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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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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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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(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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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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(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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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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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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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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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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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.

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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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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

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(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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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.

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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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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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‘‘(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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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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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.

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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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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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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.

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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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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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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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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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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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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.

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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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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.

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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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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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Compliance.

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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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.

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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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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.

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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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(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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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.

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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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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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Definition.

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(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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Definition.

Reimbursement.

Consultation.

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Time period.
Notification.

Breastfeeding.

Reports.
Deadline.

Compliance.

Applicability.

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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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Contracts.
Drugs and drug
abuse.
Contraceptives.

Abortion.

Advance
approval.
Contracts.

News story.
Notification.

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Contracts.

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.
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Application.

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Determination.

Effective date.

Applicability.

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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.

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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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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.

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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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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.

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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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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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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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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.

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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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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.

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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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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.

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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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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.

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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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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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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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(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.

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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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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.

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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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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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(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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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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(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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Cost estimate.

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Fees.

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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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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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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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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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(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.

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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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(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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(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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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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131 STAT. 434

Deadline.
Security plan.

Analysis.

Reports.

Certification.

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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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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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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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note.

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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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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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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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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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131 STAT. 449

be subject to section 12.61 of 43 CFR; the Secretary and the grantee
shall negotiate and determine a schedule of payments for the work
to be performed: Provided further, 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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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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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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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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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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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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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 t